Michigan Compiled Laws

Mich. Comp. Laws § 565.5 (2026)

Covenants; implication in conveyance.

✓ current as of July 2026

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Revised Statutes of 1846

R.S. of 1846

565.5 Covenants; implication in conveyance.

Sec. 5.

No covenant shall be implied in any conveyance of real estate, except oil and gas leases, whether such conveyance contain special covenants or not.

History: R.S. 1846, Ch. 65 ;-- CL 1857, 2724 ;-- CL 1871, 4207 ;-- How. 5655 ;-- CL 1897, 8959 ;-- CL 1915, 11691 ;-- Am. 1929, Act 168, Eff. Aug. 28, 1929 ;-- CL 1929, 13281 ;-- CL 1948, 565.5

Notes of Decisions

Cited in 10 cases, 1951–2015 · leading case: Weeks v. Slavik Builders, Inc., 180 N.W.2d 503 (Mich. Ct. App. 1970).

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Weeks v. Slavik Builders, Inc., 180 N.W.2d 503 (Mich. Ct. App. 1970). · cites it 4× “Our extension of an implied warranty of fitness for purpose intended to new residential dwelling houses is in no way affected by MCLA § 565.5 (Stat Ann 1970 Rev § 26.524) upon which appellant relies, since appellees have not alleged that the implied warranty arises from the…”

Carl A. Schuberg, Inc. v. Kroger Co., 317 N.W.2d 606 (Mich. Ct. App. 1982). · cites it 4× “Our review must start with an inquiry into MCL 565.5; MSA 26.524, which provides: "No covenant shall be implied in any conveyance of real estate, except oil and gas leases, whether such conveyance contains special covenants or not.”

Schroeder v. Terra Energy, Ltd., 565 N.W.2d 887 (Mich. Ct. App. 1997). “Plaintiffs argue that MCL 565.5; MSA 26.524, which states that “[n]o covenant shall be implied in any conveyance of real estate, except oil and gas leases, whether such conveyance contain special covenants or not,” in conjunction with an implied covenant to market the oil and…”

Butcher v. City of Detroit, 347 N.W.2d 702 (Mich. Ct. App. 1984). · cites it 2× “Such fraudulent transactions pose an obvious threat to the health and welfare of defendant’s citizens, and an ordinance directed against them is within the authority of the City of Detroit.”

Cinderella Theatre Co. v. United Detroit Theatres Corp., 116 N.W.2d 825 (Mich. 1962). “” Appellants contend that article 14, which is silent regarding the qualifications of a prospective assignee, cannot be construed to require that such assignee be an independent corporation capable of performing the covenants of the lease and that “arriving at a contrary…”

Purlo Corp. v. 3925 Woodward Avenue, Inc., 67 N.W.2d 684 (Mich. 1954). “Plaintiff contends that defendants’ construction of the 3-year provision of the lease is violative of CL 1948,' § 565.5 (Stat Ann 1953 Rev § 26.524), that: “No covenant shall be implied in any conveyance of real estate.”

Knoop v. Penn Eaton Motor Oil Co., 50 N.W.2d 329 (Mich. 1951). “So soon as a use not intended to be more than incidental and subsidiary, as disclosed by the provisions of the lease, became in fact the primary one, relegating the intended purpose to a secondary position, a breach and default occurred entitling defendant to terminate.”

Marsha Thomas v. White Birch Lakes Recreational Ass'n (Mich. Ct. App. 2015). “The circuit court, however, emphasized its understanding of a duty to avoid recognizing such implied covenants. The circuit court has statutory law on its side: “No covenant shall be implied in any conveyance of real estate, except oil and gas leases, whether such conveyance…”

Plaza Forty-Eight, Inc. v. Great Atl. & Pac. Tea Co., 817 F. Supp. 774 (E.D. Wis. 1993). “) The Lease’s express terms therefore do not support Plaza’s position the A & P must pay more than the fixed rent.”

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