Mich. Comp. Laws § 566.106
Statute of frauds; conveyance of interest in lands other than one year lease.
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Revised Statutes of 1846
R.S. of 1846
566.106 Statute of frauds; conveyance of interest in lands other than one year lease.
Sec. 6.
No estate or interest in lands, other than leases for a term not exceeding 1 year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by some person thereunto by him lawfully authorized by writing.
History: R.S. 1846, Ch. 80 ;-- CL 1857, 3177 ;-- CL 1871, 4692 ;-- How. 6179 ;-- CL 1897, 9509 ;-- CL 1915, 11975 ;-- CL 1929, 13411 ;-- CL 1948, 566.106
Notes of Decisions
Cited in 121
cases (28 in the last 5 years), 1950–2025 · leading case: Zurcher v. Herveat
Zurcher v. Herveat (2000)
“[MCL 566.106; MSA 26.906.] Every contract for the leasing for a longer period than 1 year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof be in writing, and signed by the party by whom the lease or…”
Forge v. Smith (1998)
“[MCL 566.106; MSA 26.906.] Every contract for the leasing for a longer period than 1 year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof be in writing, and signed by the party by whom the lease or…”
Kloian v. Domino's Pizza, LLC (2007)
“507(H) and MCL 566.106, we must treat “in writing and signed” differently from a “writing, subscribed.”
Zaher v. Miotke (2013)
“Under the statute of frauds, MCL 566.106 and MCL 566.108, an easement is the transfer of a property interest and must be made in writing and signed by everyone with an interest in the property.”
Lakeside Oakland Development, LC v. H & J Beef Co. (2002)
“The trial court, citing MCL 566.106, found that the buyers failed to produce either a sufficient written agreement establishing conveyance of an easement or a written agreement between the seller and the realtor showing that the realtors had authority to grant the purported…”
In Re Rudell Estate (2009)
“Michigan’s Statute of Frauds, MCL 566.106, an interest in real estate cannot be [the] subject of an oral gift.”
Gates v. Gates (2003)
“§ 566.106, which precludes the creation of any interest in real property except by an appropriate written document, and that the trial court essentially awarded the property to a third party, which it had no authority to do.”
Marina Bay Condominiums, Inc v. Schlegel (1988)
“The trial court, concluding that the agreement failed to satisfy the statute of frauds, MCL 566.106; MSA 26.906, found that the parties had entered into an option agreement.”
Ditmore v. Michalik (2001)
“See also MCL 566.106; MSA 26.906 (statute of frauds concerning easements).”
Ligon v. City of Detroit (2007)
“Moreover, Michigan’s real-property statute of frauds, MCL 566.106, provides in pertinent part that “[n]o estate or interest in lands, other than leases for a term not exceeding 1 year,.”
Vittiglio v. Vittiglio (2012)
“Plaintiff argues that because this is not a domestic relations case pursuant to that definition, MCR 2.”
Kitchen v. Kitchen (2002)
“[MCL 566.106.] Plaintiffs claim they have a permanent and irrevocable license for the use of a portion of defendants’ land.”
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