Mich. Comp. Laws » Michigan Compiled Laws / Chapter 565 / Act 200 of 1945

Mich. Comp. Laws § 565.108

Recording slanderous notices of claims; costs awarded to plaintiff.

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MARKETABLE RECORD TITLE


Act 200 of 1945


565.108 Recording slanderous notices of claims; costs awarded to plaintiff.

Sec. 8.

    A person shall not use the privilege of recording notices under this act for the purpose of slandering the title to land. In any action brought for the purpose of quieting title to land, if the court finds that any person has filed a claim solely for the purpose of slandering the title to land, the court shall award the plaintiff all the costs of the action, including attorney fees as the court may allow, and in addition, the court shall order the defendant asserting the claim to pay to the plaintiff all damages that the plaintiff may have sustained as the result of the recording of the notice of claim.

    

History: 1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.108 ;-- Am. 2025, Act 13, Imd. Eff. Sept. 29, 2025

Notes of Decisions
Cited in 42 cases (15 in the last 5 years), 1990–2026 · leading case: B & B Investment Group v. Gitler
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B & B Investment Group v. Gitler (1998) michctapp · cites it 5× “n Defendants 2 first argue that exemplary damages are not available under the slander of title statute, MCL 565.108; MSA 26.1278. This is an issue of first impression, which we review de novo.”
Anton, Sowerby & Associates, Inc v. Mr. C's Lake Orion, LLC (2015) michctapp · cites it 4× “; see also MCL 565.108. 2 In Wells Fargo Bank v Country Place Condo Ass’n, <a href="/opinion/8006963/wells-fargo-bank-v-country-place-condominium-assn/#596" aria-description="Citation for case: Wells Fargo Bank v.”
Stanton v. Dachille (1990) michctapp · cites it 2× “MCL 565.108; MSA 26.1278 provides: No person shall use the privilege of filing notices hereunder for the purpose of slandering the title *262 to land, and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim…”
Reserve at Heritage Village Ass'n v. Warren Financial Acquisition, LLC (2014) michctapp “In Count XXIX, plaintiff alleged slander of title and sought costs, including attorney fees under MCL 565.108. In Count XXX, plaintiff sought to quiet title.”
Wells Fargo Bank v. Country Place Condominium Ass'n (2014) michctapp ““The same three elements are required in slander of title actions brought under MCL 565.108.” <a href="/opinion/1881039/b-b-investment-group-v-gitler/" aria-description="Citation for case: B & B Investment Group v.”
Schwab v. Zajac (2012) nd “360 (West 2007); Mich. Comp. Laws Ann. § 565.108 (West 2006); Neb.”
Federal National Mortgage Ass'n v. Lagoons Forest Condominium Ass'n (2014) michctapp ““The same three elements are required in slander of title actions brought under MCL 565.108 . . ..” <a href="/opinion/1881039/b-b-investment-group-v-gitler/" aria-description="Citation for case: B & B Investment Group v.”
Barclay v. Crown Building & Development, Inc. (2000) michctapp “Barclay and Gaye Snell filed this action alleging slander of title, MCL 565.108; MSA 26.1278, and to quiet title, on June 17, 1997.”
Brown Bark I, L.P. v. Traverse City Light & Power Department (2010) miwd · cites it 2× “Count three is a claim for slander of title in violation of Michigan common law and the Michigan slander-of-title statute, Mich. Comp. Laws § 565.108 . As damages from TCLP’s slander of its title, BBI cites “a lowering of value in the Mortgaged Property, the loss or delay of…”
Cipriano v. Tocco (1991) mied “§ 565.108. It is apparent from this provision that the Michigan legislature contemplated that § 565.”
Gkc Michigan Theaters, Inc v. Grand Mall (1997) michctapp “Plaintiff’s complaint sought these damages pursuant to MCL 565.108; MSA 26.1278. There is a direct causal link between defendant’s filing of the notice of termination of easement and the subsequent litigation to declare the notice invalid.”
Prismatic Foundation v. Eliot Street LLC (2023) michctapp · cites it 9× “by finding that: (1) no express easement nor any prescriptive easement granted plaintiff parking rights; (2) defendants Eliot Street, Mack 22, and Woodward Eliot hold an easement over a portion of plaintiff’s property; (3) defendants’ easement for ingress and egress over the…”
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