Spring 2026

Volume 53, No. 1

FEATURE ARTICLES

By Michael S. Hale, J.D., CPCU, AAI and Melissa L. Hirn, J.D., ARM, AAI

Michigan real estate practitioners routinely transfer risk by contract yet are often not trained in the nuances of the commercial insurance upon which they may be relying. The policies purchased by your clients through an insurance agent contain controlling language which could be fraught with peril. The counterintuitive truth is that most insurance decisions are made too late. By the time a claim happens, the real decision was already locked in months or years earlier by how risk was framed and the policies designed. Insurance decisions are not just about buying coverage, they are often about language selection. 

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By Amy M. Smith and Sarah R. Karl

The boundaries of fair housing protections in Michigan’s residential communities are neither static nor fully settled. At the heart of this uncertainty lies a fundamental question: when do statutory rights end, and when do community governance obligations begin? Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA) was enacted to prohibit disability-based discrimination in housing, yet its operative language confines those protections to conduct “in connection with a real estate transaction.” Michigan courts have interpreted this phrase narrowly, limiting the statute’s reach to the sale, exchange, rental, or lease of property. As a result, once a transaction closes, the PWDCRA offers no clear remedy for accessibility disputes that may arise during ownership and occupancy of the property. This gap has become increasingly consequential in condominium governance as these residents age along with their communities. 

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By Erin R. Cobane

On September 29, 2025, Governor Gretchen Whitmer signed into law Public Act No. 13 of 2025 (the “Amendment”), which provides for certain amendments to the Marketable Record Title Act, 1945 PA 200 (MCL 565.101 et seq.) (the “MRTA”). Most significantly, the Amendment extends the September 29, 2025, deadline previously prescribed by Public Act. No 20 of 2024 for the filing of a notice of claim (referred to herein as a “Notice”) to preserve certain interests in real property by a period of two years. However, the Amendment also provides for several other important revisions and additions to the MRTA, specifically, amendments to Sections 1, 1a, 2, 3, 4, 5, 6 and 8, and the addition of a new Section 5a. This Article does two things. First, it summarizes the Amendment. Second, it highlights the important changes implemented by the Amendment that every real estate attorney must know to better advise their clients regarding the impact and application of the MRTA.

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COLUMNS

By Jason C. Long

Thank you for opening this issue of the Michigan Real Property Review. I would like to take this opportunity to detail the Real Property Law Section’s activities and the services that the RPLS seeks to provide for its members.

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By Roxana G. Zaha, Real Property Law Section Vice Chair

One of the Real Property Law Section’s primary responsibilities under the Section’s Bylaws pertains to studying, reporting, and supporting necessary legislation:

The purpose of this Section shall be . . . to promote the fair and just administration of Real Property Law; to study and report upon proposed and necessary legislation, including, but not limited to, pending legislation and drafting and introducing legislation . . . 

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By Roxana G. Zaha, Butzel Long, Real Property Law Section Vice Chair and Heather W. Muir, Butzel Long

The Real Property Law Section continues to be actively engaged in the judicial process in a variety of ways, including drafting amicus curiae briefs and monitoring legislation and court decisions relevant to real estate practitioners. This Article offers a periodic update intended to keep Section members informed about the Section’s work to uphold the integrity of the law, as well as to highlight published opinions that may influence the real estate practice. Given the volume of decisions issued by the Court of Appeals—and considering MCR 7.215, which provides that only published opinions hold precedential value—this Article does not address unpublished decisions.

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By Jessica Hallmark, Chair Adkison, Need, Allen, & Rentrop, PLLC

The 2026 Winter Conference was held at the W South Beach, Miami from March 5-7, 2026. Amy M. Smith of Makower Abbate Guerra Wegner Vollmer planned an informative and exciting two-day conference. The Winter Conference featured speakers from across Michigan, along with local Florida counsel, who shared timely and practical insights on today’s real estate landscape. The program included an engaging discussion on Michigan real estate litigation updates, commercial leasing challenges, affordable housing and MSHDA initiatives, and emerging issues for title professionals. Attendees also heard a local perspective from Florida practitioners on post-Surfside developments, insurance reform, and how those changes may influence Michigan practice in the years ahead. Our program concluded with a review of Michigan legislation and case law essential for practicing real property law attorneys.

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• All Articles
• Chair's Report
• Condominium
• Construction
• Easements
• Foreclosure
• Judicial Decisions
• Legislation
• Miscellaneous
• Mortgages & Foreclosure
• Residential
• Zoning

Issue Archive Beginning 1974 (for RPLS members only)

Register Now—Summer Conference 2026

Date: July 15-18, 2026
Location: Grand Hotel, Mackinac Island

More Information

Chair
Jason C. Long
jlong@wwrplaw.com

Section Administrator
Karen Schwartz
rplsks@gmail.com

Officers & Council Members PDF

Special Committees

Standing Committees