March 17, 2005, Introduced by Reps. Sheltrown, Lipsey, Vagnozzi, Gosselin, Cushingberry, Brown and Kathleen Law and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5867 (MCL 600.5867) and by adding section
5867a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5867. In every action for the recovery or possession of
real
estate property, the person establishing the legal title to
the
premises real property is presumed to have been in possession
of
the premises real
property within the time limited by
law
limits
prescribed in section 5801 for bringing
such the action,
unless
it appears that the same and the occupation of the real
property by any other person is presumed to be in subordination to
the legal title, except in either of the following situations:
(a)
The real property has been possessed
adversely to such
the legal title by the defendant claimant
or by those from or
under
whom he the claimant claims. , or that the A claim of
adverse possession is subject to section 5867a.
(b)
The grantee, or his the grantee's assigns, in a contract
of
purchase have been in possession claiming title by virtue of
said
the contract of purchase for
a period of 20 years after the
last
payment was due on said the contract
of purchase or after
the
last payment was made on said the contract of purchase.
Sec. 5867a. Beginning on the effective date of this section, a
claim of adverse possession cannot be maintained if the person
against whom the claim is made has paid all state and local taxes
and special assessments levied against the real property during the
time period prescribed in section 5801.