Section 565.869 – Recording of Discharge Form; Fees.
565.869 Recording of discharge form; fees. Sec. 9. As provided in section 2567 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2567, a register of deeds is entitled to the fees under that section for recording a discharge form prepared and recorded under this act. History: 2022, Act 234, Imd. Eff. Dec. […]
Section 565.870 – Refusal to Remove Prohibited Restrictions; Liability; Costs and Attorney Fees.
565.870 Refusal to remove prohibited restrictions; liability; costs and attorney fees. Sec. 10. (1) A person that refuses, before recording, to remove from a deed or other instrument a prohibited restriction is liable for all actual court costs and reasonable attorney fees incurred in an action before a court of competent jurisdiction to enforce the […]
Section 565.871 – Duties Not Created by Act; Liability.
565.871 Duties not created by act; liability. Sec. 11. (1) Except as otherwise provided in section 6(2) and (6), this act does not create a duty on the part of an owner, occupant, tenant, association, board, or member or officer of a board to do any of the following as authorized under this act: (a) […]
Section 565.872 – Effect of Act.
565.872 Effect of act. Sec. 12. This act does not do either of the following: (a) Impose a duty on a register of deeds or employee of a register of deeds to inspect a deed or other instrument to determine whether recording the deed or instrument would violate this act. (b) Create a duty, a […]
Section 565.881 – Definitions.
565.881 Definitions. Sec. 1. As used in this act: (a) “Transfer fee” means a fee or charge payable upon the subsequent sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in nonresidential real property located in this state, or payable for the right to make or accept such a transfer, regardless of […]
Section 565.882 – Transfer Fee Covenant; Effect.
565.882 Transfer fee covenant; effect. Sec. 2. A transfer fee covenant that is executed on or after the effective date of this section, whether or not recorded, does not run with the title to real property and is not binding on or enforceable against any subsequent owner, purchaser, or mortgagee of any interest in the […]
Section 565.861 – Short Title.
565.861 Short title. Sec. 1. This act may be cited as the “discharge of prohibited restrictive covenants act”. History: 2022, Act 234, Imd. Eff. Dec. 13, 2022
Section 565.862 – Definitions.
565.862 Definitions. Sec. 2. As used in this act: (a) “Discharge form” means the discharge of a prohibited restriction form described in section 5. (b) “Person” means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity. (c) “Prohibited restriction” means a restriction, covenant, or condition, including a right […]
Section 565.863 – Recording a Deed With Prohibited Restrictions; Prohibition.
565.863 Recording a deed with prohibited restrictions; prohibition. Sec. 3. A person shall not record in the records of the register of deeds a deed or other instrument that contains a prohibited restriction. History: 2022, Act 234, Imd. Eff. Dec. 13, 2022
Section 565.864 – Prohibited Restrictions as Void; Unenforceable.
565.864 Prohibited restrictions as void; unenforceable. Sec. 4. (1) A prohibited restriction is void and has no legal effect. (2) A court or other person shall not enforce a prohibited restriction. History: 2022, Act 234, Imd. Eff. Dec. 13, 2022