On September 29, 2025, Governor Whitmer enacted 2025 PA 13, which significantly amends the Marketable Record Title Act (MRTA) of 1945 PA 200.
The law exempts various easements and restrictions from its scope and extends the deadline for preserving property rights under the MRTA, now set for September 29, 2027. This deadline has been extended several times, with the most recent being by 2024 PA 20, which extended it to September 29, 2025. 2025 PA 13 was passed just hours before the previous deadline expired.
The MRTA typically terminates certain property rights, such as old covenants, deed restrictions, and many easements, after 40 years (or 20 years for mineral rights), unless a notice of claim is filed. An important change broadens the exemptions, now including easements for driveways, trails, drains, substations, energy facilities, stormwater, and utility facilities, as well as restrictions recorded after 1950 and restrictions in recorded condominium master deeds.
Another key change allows more parties, including property owners’ associations and authorized agents, to file notices of claim. Additionally, a new Section 5a introduces a safe harbor for conveyances, permitting land transfers to include interests without creating or preserving them, if particular language is used. The law also requires notices of claim to list all affected owners’ names and addresses as per the tax roll, and provides a standardized form (not mandatory).
These updates provide clarity and relief to property interest holders by extending filing deadlines, expanding exemptions, and increasing the number of authorized filers.
If you have questions about the validity of easements and deed restrictions under the revised MRTA, don’t hesitate to contact Daniel Dalton or a professional at Dalton & Tomich PLC to discuss your matter.
