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Michigan homeowners may need to act to protect property rights

Changes made to the state's Marketable Record Title Act will go into effect on March 29, 2024
housing market
Posted at 10:46 AM, Mar 21, 2024
and last updated 2024-03-21 11:11:08-04

GRAND RAPIDS, Mich. — Changes are coming to the state's Marketable Record Title Act on March 29th, 2024. These changes could impact your property rights, especially if your deed contains restrictions on what you can do with your land.

What's changing?
Previously, restrictions placed on your property (like building size limits or what you can use the land for) were considered valid as long as they were mentioned in your deed. However, the new law states that if these restrictions haven't been clearly defined for over 40 years, they may no longer be enforceable.

What does this mean for you?
If you bought your property before 1984 (roughly 40 years ago) and your deed mentions restrictions with vague wording, you might lose the ability to enforce those restrictions on future owners. This could be an issue if you live in a community where maintaining property values and aesthetics is important.

What to do?
Don't panic! Here's what you can do:

  1. Review your deed: Look for any mention of restrictions or covenants. Vague wording like "all easements and restrictive covenants as may be recorded" doesn't cut it under the new law.
  2. Consult a real estate attorney: If your deed is unclear, an attorney can help you file the necessary paperwork to preserve your property rights.

Take action now to ensure your property retains the value and character you expect.
“People don't need to be anxious about this, but it is a good thing to become aware of," Sharan Levine, a real estate lawyer and partner at Levine & Levine Attorneys at Law Kalamazoo, told FOX 17.

You can reach a real estate attorney at Levine & Levine by calling (269) 218-8880.

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