PROTECT YOUR PROPERTY
New Clarity and Stricter Rules for MRTA Preservation
Authors: Stacey Knowles & Ron Reynolds
PROTECT YOUR PROPERTY
New Clarity and Stricter Rules for MRTA Preservation
Authors: Stacey Knowles & Ron Reynolds
PROTECT YOUR PROPERTY
New Clarity and Stricter Rules for MRTA Preservation
Authors: Stacey Knowles & Ron Reynolds
On September 29, 2025, Governor Whitmer signed legislation amending the Michigan Marketable Record Title Act (MRTA). The amendment clarifies specific MRTA exceptions and provides property owners an extended deadline to September 29, 2027, to record a “Notice of Claim” to retain property interests such as easements or restrictions that do not fall within the amendment’s exceptions.
What Does the MRTA Do?
The MRTA was enacted to simplify land titles by extinguishing certain long-standing claims of interest in property, such as easements, restrictive covenants, or private road agreements, if they are more than 40 years old and not properly reaffirmed. Failure to record a Notice of Claim for certain property interests would result in those property interest becoming unenforceable.
Key Changes to the Michigan Marketable Record Title Act
Here are the three key changes in the MRTA amendment that you should be aware of:
1. The Two-Year Extension
The most immediate relief is the extension of the deadline to record a Notice of Claim. Property owners now have an additional two years, to September 29, 2027, date to record a Notice of Claim to preserve older property interests. This extension offers a crucial window of time to ensure compliance.
2. Stricter Compliance Requirements
The Amendment has clarified and, in some cases, tightened the requirements for the Notice of Claim. It is now clear that a general reference in a deed—such as “subject to easements and restrictions of record”—is not sufficient to preserve your interest. Any required filing must meet strict legal criteria, including specific recording data from the original document and a legal description of the property. Failure to meet these standards may render a filing ineffective.
3. New Categories of Protected Interest
The amendment has provided welcome clarity by establishing specific interests that are now safe from expiring even without filing a new notice. These generally include:
- Clearly Observable Easements: Such as paved roads, utility lines, or defined walkways.
- Utility & Drainage Easements: Rights-of-way tied to drainage, energy, or essential utilities.
- Newer Restrictions: Subdivision and condominium restrictions recorded after 1950.
How Hilger Hammond Can Help:
If you have already recorded a notice to preserve your property interests, this amendment should not negatively impact you.
If you have valuable property interests – particularly non-observable rights that are older than 40 years – you still have time to preserve them, but the process is legally precise. Do not risk losing important rights due to technical non-compliance.
The Real Estate Law team at Hilger Hammond has the specific legal expertise to review your current title documents, determine which interests are at risk under the amended MRTA, and accurately prepare and file the necessary preservation notices.
We urge you to use this two-year extension wisely. Contact our Hilger Hammond team today to schedule a consultation and ensure your property interests are secured before the new deadline.
