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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

Understanding the Michigan Marketable Record Title Act

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For family offices and high-net-worth individuals with longstanding real estate holdings in Michigan, recent developments under the Michigan Marketable Record Title Act (MRTA) merit close attention. Originally designed to clarify ownership and clean up outdated claims, the MRTA has been updated in ways that could jeopardize valuable property interests, including restrictions, easements and other encumbrances, if not proactively addressed before Sept. 29, 2025.

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This post provides an overview of the MRTA, highlights key legislative changes and offers strategic steps for family offices aiming to protect long-term property interests.

What is the Marketable Record Title Act — and Why Does it Matter Now?

The MRTA, originally enacted in 1945, is designed to simplify and stabilize land ownership by limiting the enforceability of certain claims or interests in real estate unless they are reaffirmed periodically. In general, MRTA operates on a 40-year window — if a claim or interest in land is not properly preserved within that time frame, it may become unenforceable.

This means that rights — such as access easements, restrictive covenants or private road agreements — that you assume are still binding might quietly vanish unless they've been reaffirmed in the public record. For example, an easement created in 1970 could become unenforceable if no proper notice or reference to it exists in the past 40 years of recorded title documents.

MRTA Amendments: What Changed — and When?

In 2018, the Michigan Legislature passed Public Act 190, amending the MRTA to clarify and expand the types of property interests that can be extinguished if not properly preserved. These amendments became effective March 29, 2019. Under the amended law, certain private property interests — such as deed restrictions, equitable servitudes and use limitations — are now clearly subject to MRTA’s 40-year rule. To remain enforceable, these interests must be re-recorded or properly referenced in the chain of title.

To help property owners comply, the law included a grace period for preserving existing interests that were already over 40 years old. Initially set to expire on March 29, 2024, this grace period was extended in 2024 by the Michigan Legislature through Senate Bill 721, which pushed the deadline to Sept. 29, 2025.

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To preserve an interest older than 40 years, the owner or claimant must record a "Notice of Claim" with the county Register of Deeds before the 40-year period expires. This notice must include:

A clear statement of the interest to be preserved.

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A legal description of the affected property.

Specific reference to the original instrument creating the interest.

Failure to timely record notice may result in the extinguishment of the interest, rendering it unenforceable.

2. Applicability to Private Restrictions

The amendments to the MRTA confirm that private deed restrictions, equitable servitudes and use limitations are subject to the MRTA’s 40-year period. This brings clarity (and urgency) for those relying on:

Private roads and shared maintenance agreements.

Design or building standards imposed by homeowners’ associations or developers (such as restrictions on exterior materials, home styles or fence heights).

Use restrictions in residential subdivisions.

3. Grace Period Expiration

While the law took effect in 2019, a grace period was provided to allow time for compliance. This grace period — originally ending March 29, 2024 — was extended by legislation signed in March 2024. The final deadline to record preservation notices is now Sept. 29, 2025. After that date, any interest created before Sept. 29, 1985, that has not been properly preserved through a recorded Notice of Claim will be subject to extinguishment under the MRTA.

Why Family Offices Should Take Notice

Family offices often manage legacy assets, such as recreational property, timberland, waterfront estates, private roads or investment parcels, many of which were acquired generations ago. These holdings may be subject to historical restrictions or rights that were not clearly documented or preserved under MRTA standards — and which are now at risk of extinguishment under the MRTA.

Loss of valuable rights, such as conservation easements, ingress/egress rights or use limitations.

Unexpected or unwelcome development, such as neighboring landowners building on formerly restricted parcels.

Legal disputes that could have been avoided with timely filings.

Practical Recommendations

To safeguard your real estate interests and avoid inadvertent extinguishment of important property rights, family offices should consider the following steps:

Engage a real estate attorney to review title histories for all Michigan properties held longer than 30 years. Pay particular attention to:

2. Record Preservation Notices Where Necessary

Where appropriate, record Notices of Claim to preserve interests that predate 1984 or will soon reach the 40-year mark. Even if litigation is unlikely, this proactive step can secure rights for future generations.

3. Update Property Management Protocols

Integrate MRTA compliance into your ongoing property due diligence, especially when acquiring or refinancing real estate. Incorporate periodic reviews and recordkeeping updates to ensure continuous preservation of relevant interests.

4. Coordinate Across Entities

If different entities within the family office structure — such as trusts or limited liability companies — hold adjacent or related parcels, coordinate filings to ensure consistent protection and preservation of valuable property interests across the portfolio.

Final Thought: Don’t Let Your Right Expire by Default

The MRTA represents a powerful mechanism for streamlining Michigan land records — but it also presents a risk for property owners who are unaware of the ticking clock on old restrictions and easements. For family offices with long-term, legacy property interests, the upcoming Sept. 29, 2025, deadline should be seen not just as a legal compliance date, but as a strategic priority.

For guidance on how the MRTA may affect your real estate holdings — or assistance with title audits, preparing Notices of Claim or integrating strategies for property interests into broader estate and wealth planning — contact Alex Haywood or a member of our Private Client and Family Office Industry Group.

Legacy Matters

Private Client and Family Office

Associate

Alexandra E. “Alex” Haywood

Real Estate

Clearing the Past, Protecting the Future: A Strategic Guide to Michigan’s MRTA

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Clearing the Past, Protecting the Future: A Strategic Guide to Michigan’s MRTA

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