February 2019

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

PA 572 Amends Marketable Title Act

PA 572

By Alexandra Dieck, Bodman PLC

On December 28, 2018, the Michigan Legislature passed Senate Bill No. 671 amending the Marketable Record Title Act, Act 200 of 1945 (MTA). Once a lame duck long shot, PA 572 becomes effective March 29, 2019. While brief, PA 572 is rife with implications and uncertainties for real estate owners, buyers, and sellers. MTA generally states that in order to claim an unbroken chain of title (i.e., presumptive marketable title), there must be a conveyance or other title transaction at least forty years prior (twenty years for mineral interests) which purports to create an interest in a person with no subsequent recorded document purporting to divest that person of the interest.

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BUILD Act Enhances Tenant CERCLA Liability Protection

By Suzanne Sutherland, Barnes & Thornburg LLP

The 2018 BUILD Act amended the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) to, among other things, provide tenants with additional protection from environmental liability. The U.S. Environmental Protection Agency is also now required to provide multipurpose grants to conduct assessment, planning, or remediation activities at brownfield sites.

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Legislative Report

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Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

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We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Mike Luberto at mluberto@Chircotitle.com for suggested topics and ideas.

The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.