Mich. Comp. Laws § 565.35
Conveyance; definition.
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Revised Statutes of 1846
R.S. of 1846
565.35 Conveyance; definition.
Sec. 35.
The term "conveyance," as used in this chapter, shall be construed to embrace every instrument in writing, by which any estate or interest in real estate is created, aliened, mortgaged or assigned; or by which the title to any real estate may be affected in law or equity, except wills, leases for a term not exceeding 3 years, and executory contracts for the sale or purchase of lands.
History: R.S. 1846, Ch. 65 ;-- CL 1857, 2754 ;-- CL 1871, 4237 ;-- How. 5689 ;-- CL 1897, 8994 ;-- CL 1915, 11726 ;-- CL 1929, 13309 ;-- CL 1948, 565.35
Notes of Decisions
Cited in 27
cases (4 in the last 5 years), 1951–2025 · leading case: Klooster v. City of Charlevoix
Klooster v. City of Charlevoix (2011)
“Therefore, the interest that passes to the last survivor in a joint tenancy is a conveyance under the GPTA.”
Johnson Family Ltd. Partnership v. White Pine Wireless, LLC (2008)
“See MCL 565.35. However, an option to lease is not such an interest.”
Tibble v. Wells Fargo Bank, N.A. (In Re Hudson) (2011)
“But what about Lot 5? Does the Bank’s mortgage on Lot 6 provide constructive notice to a BFP regarding an asserted interest in Lot 5? Generally, a conveyance and the contents of a conveyancing instrument, such as a mortgage ( Mich. Comp. Laws Ann. § 565.35 ), provide…”
Weeks v. Slavik Builders, Inc. (1970)
“Such executory contracts are specifically excluded from the definition of “conveyance” by MCLA § 565.35 (Stat Ann 1970 Rev § 26.552), thereby rendering the import of MCLA § 565.”
Wells Fargo Bank v. Country Place Condominium Ass'n (2014)
“211(1) and MCL 565.35, and MCL 559.211(1) obligated a condominium purchaser to pay all outstanding assessments and related expenses and fees due from the purchase date.”
Thomas v. Dutkavich (2010)
“At the time the judgment debtor makes a conveyance, as that term is defined in section 35 of 1846 RS 65, MCL 565.35, of, sells under an executory contract, or refinances the interest in real property that is subject to the judgment lien, the judgment debtor shall pay the amount…”
Ameriquest Mortgage Co. v. Alton (2006)
“MCL 565.35; Stover v Bryant & Detwiler Improvement Corp of Detroit, 329 Mich 482, 484 ; 45 NW2d 364 (1951).”
Peaslee v. Saginaw County Drain Commissioner (1961)
“The trial judge analyzed the problem posed by the release of right-of-way relied upon by defendant drain commissioner, and concluded as follows: “This court is of the opinion that the release of right-of-way hereinabove set forth is a conveyance within the meaning of CL 1948, §…”
Graves v. American Acceptance Mortgage Corp. (2002)
“[1] 1 Both the land contract and plaintiff’s lien on that contract are conveyances as that term is defined in MCL 565.35: The term “conveyance” as used in this chapter, shall be construed to embrace every instrument in writing, by which any estate or interest in real estate is…”
Carl A. Schuberg, Inc. v. Kroger Co. (1982)
“” MCL 565.35; MSA 26.552 specifies that a lease is a conveyance of real estate as the term is used in MCL 565.”
Wentworth v. Process Installations, Inc (1983)
“6057; MCL 565.35; MSA 26.552. In Crouse a lessee executed an assignment of his interest in a lease as security for a debt.”
Graves v. American Acceptance Mortgage Corp. (2001)
“” 5 MCL 565.35, with certain exceptions irrelevant in this case, defines “conveyance” as “embrac[ing] every instrument in writing, by which any estate or interest in real estate is created, aliened, mortgaged or assigned; or by which the title to any real estate may be affected…”
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