On September 29, 2025, the Governor signed HB 4524 into law. It amends the Marketable Record Title Act exclude declarations for traditional subdivisions executed and recorded on or after January 1, 1950 and master deeds and amendments to master deeds of condominiums.
In 2018, the Michigan Legislature amended the Marketable Record Title Act (“MRTA”), MCL 565.101, et seq. Under the MRTA, a person has Under the Act, a person has marketable title to an interest in land if they have an unbroken chain of title to the interest for 40 years (20 years for mineral interests). According to the language of the MRTA itself, the legislative purpose of the MRTA is to simplify and facilitate land title transactions by allowing persons dealing with the record title owner to rely on the record title covering a period of not more than 20 years for mineral interests and 40 years for other interests unless within the 20-year period for mineral interests or the 40-year period for other interests a “notice of claim” a has been recorded in the chain of title. MCL 565.106.
Prior to the 2018 amendment, many deeds to property located within condominiums or subdivisions would simply state something to the effect that the property was “subject to easements and restrictions of record” and that was considered sufficient to keep the restrictions alive. But, that was no longer the case under the 2018 amendment. Under the 2018 amendment property owners, condominium associations, and HOAs were in danger of having those restrictions expire if affirmative steps were not taken. Originally under the amendment to the MRTA, affirmative steps were to have been taken as of March 28, 2021. However, that deadline was extended twice to September 29, 2025.
HB 4524 has immediate effect, which means the September 29, 2025 deadline will no longer an issue for condominiums and the vast majority of subdivisions. However, if your property is located in a subdivision or neighborhood subject to restrictions that were recorded prior to January 1, 1950, you will need to record a document providing notice of the restrictions continuing or the restrictions will expire. You have until September 28, 2027 to do so.
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