Mich. Comp. Laws § 600.3308

Partition of lands; estate in possession; inapplicable to reversions or remainders.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.3308 Partition of lands; estate in possession; inapplicable to reversions or remainders.

Sec. 3308.

Any person who has an estate in possession in the lands of which partition is sought may maintain a claim for partition of those lands, but a person who has only an estate in reversion or remainder in the lands may not maintain a claim for their partition.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1964–2022 · leading case: Jackson v. Green Estate

Sort: Relevance Newest Treatment

Jackson v. Green Estate (2009) mich · cites it 4× “3304 and MCL 600.3308. MCL 600.3304 states that "[a]ll persons holding lands as joint tenants .”

Albro v. Allen (1990) mich · cites it 2× “[MCL 600.3308; MSA 27A.3308.] An action for partition has as its object the distribution of possession between those entitled to possession.”

Rendle v. Wiemeyer (1964) mich · cites it 2× “After decision in this case appellants filed an application for rehearing, alleging that since Leona Schlessman, one of the five joint life tenants under John Rendle's will, was not yet dead, appellees, remaindermen under that will, were barred from bringing suit, citing CLS…”

Natalie Olson v. Cecelia Bosanac (2018) michctapp · cites it 4× “at 284, 286 ; see also MCL 600.3308 (“Any person who has an estate in possession in the lands of which partition is sought may maintain a claim for partition of those lands, but a person who has only an estate in reversion or remainder in the lands may not maintain a claim for…”

Cindy Schaaf v. Charlene Forbes (2019) michctapp · cites it 2× “3304, “[a]ll persons holding lands as joint tenants or as tenants in common may have those lands partitioned,” but that, according to MCL 600.3308, “a person who has only an estate in reversion or remainder in the lands may not maintain a claim for their partition.”

Cindy Schaaf v. Charlene Forbes (2021) michctapp · cites it 2× “3308 applies to persons having “only an estate in reversion or remainder” (emphasis added), and thus, does not apply to holders of current possessory rights, whether or not those holders of existing possessory rights also happen to hold rights of reversion or remainder.”

Theresa Delinck v. Joseph Defina (2022) michctapp “MCL 600.3308 states: “Any person who has an estate in possession in the lands of which partition is sought may maintain a claim for partition of those lands .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.