2020 Michigan Compiled Laws
Chapter 565 - Conveyances of Real Property
Act 200 of 1945 Marketable Record Title (565.101 - 565.109)
Section 565.104 Marketable Record Title; Failure to File Notice Not to Bar Right to Possession; Applicability to Government Property or Oil and Gas Interests.

Sec. 4.

(1) This act must not be applied to do any of the following:

(a) Bar a lessor or his or her successor as reversioner of his or her right to possession on the expiration of a lease or a lessee or his or her successor of his or her rights in and to a lease.

(b) Bar any interest of a mortgagor or a mortgagee or interest in the nature of that of a mortgagor or mortgagee until after the instrument under which the interest is claimed has become due and payable, except if the instrument has no due date expressed, if the instrument has been executed by a railroad, railroad bridge, tunnel, or union depot company, or a public utility or public service company.

(c) Bar or extinguish an easement or interest in the nature of an easement, the existence of which is clearly observable by physical evidences of its use.

(d) Bar or extinguish an easement or interest in the nature of an easement, or any rights appurtenant to the easement or interest granted, excepted, or reserved by a recorded instrument creating the easement or interest, including any rights for future use, if the existence of the easement or interest is evidenced by the location beneath, on, or above any part of the land described in the instrument of a pipe, valve, road, wire, cable, conduit, duct, sewer, track, pole, tower, or other physical facility and whether or not the existence of the facility is observable, by reason of failure to file the notice required by this act.

(2) This act does not affect any right, title, or interest in land owned by the United States, or any right, title, or interest in any land owned by this state, or by any department, commission, or political subdivision thereof.

(3) This act does not affect any oil and gas lease, or other interest in oil or gas, owned by a person other than the owner of the surface, or any storage agreement or other interest in subsurface storage formations owned by a person other than the owner of the surface.

History: 1945, Act 200, Eff. Sept. 6, 1945 ;-- Am. 1946, 1st Ex. Sess., Act 25, Imd. Eff. Feb. 26, 1946 ;-- Am. 1947, Act 117, Imd. Eff. May 22, 1947 ;-- CL 1948, 565.104 ;-- Am. 1951, Act 235, Eff. Sept. 28, 1951 ;-- Am. 1965, Act 323, Eff. Mar. 31, 1966 ;-- Am. 2018, Act 572, Eff. Mar. 29, 2019