SENATE BILL NO. 464


   March 23, 1999, Introduced by Senators DE BEAUSSAERT, CHERRY,
        EMERSON, YOUNG and BULLARD and referred to the Committee on
        Judiciary.



        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending sections 5801 and 5867 (MCL 600.5801 and 600.5867)

   and by adding section 5867a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 5801.  (1)  No  A person may NOT bring or
             maintain any

 2    action for the recovery or possession of any lands or make any

 3    entry upon any lands unless, after the claim or right to make the

 4    entry first accrued to himself OR HERSELF, or to someone through

 5    whom he OR SHE claims, he OR SHE commences the action or makes

 6    the entry within the periods of time prescribed by this section.

 7         (2)  (1)  When the defendant claims title to
             the land in

 8    question by or through some deed made upon the sale of the

 9    premises by an executor, administrator, guardian, or testamentary

10    trustee; or by a sheriff or other proper ministerial officer


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 1    under the order, judgment, process, or decree of a court or legal

 2    tribunal of competent jurisdiction within this state, or by a

 3    sheriff upon a mortgage foreclosure sale the period of limitation

 4    is 5 years.

 5         (3)  (2)  When the defendant claims title
             under some deed

 6    made by an officer of this state or of the United States who is

 7    authorized to make deeds upon the sale of lands for taxes

 8    assessed and levied within this state the period of limitation is

 9    10 years.

10         (4)  (3)  When the defendant claims title
             through a devise

11    in any will, the period of limitation is 15 years after the pro-

12    bate of the will in this state.

13         (5)  (4)  In all other cases under this
             section, the period

14    of limitation is 15 years.  BEGINNING ON THE EFFECTIVE DATE OF

15    THE 1999 AMENDATORY ACT THAT AMENDED THIS SECTION, THE PERIOD OF

16    LIMITATIONS PRESCRIBED IN THIS SUBSECTION NO LONGER APPLIES TO AN

17    ACTION FOR THE RECOVERY OR POSSESSION OF LANDS FROM A PERSON

18    CLAIMING TITLE TO THE LANDS UNDER THE DOCTRINE OF ADVERSE POSSES-

19    SION, WHICH DOCTRINE IS ABOLISHED PURSUANT TO SECTION 5867A.

20         Sec. 5867.  In every action for the recovery or possession

21    of real estate, the person establishing the legal title to the

22     premises  REAL ESTATE is presumed to have been in
             possession of

23    the  premises  REAL ESTATE within the time limited
             by law for

24    bringing  such  THE action, unless  it
             appears that the same has

25     been possessed adversely to such legal title by the
                       defendant or

26     by those from or under whom he claims, or that  the
                       grantee, or

27    his OR HER assigns, in a contract of purchase have been in



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 1    possession claiming title by virtue of  said  THE
             contract of

 2    purchase for a period of 20 years after the last payment was due

 3    on  said  THE contract OF PURCHASE or after the
             last payment was

 4    made on  said  THE contract of purchase.

 5         SEC. 5867A.  BEGINNING ON THE EFFECTIVE DATE OF THIS SEC-

 6    TION, THE DOCTRINE OF SECURING TITLE TO REAL PROPERTY BY ADVERSE

 7    POSSESSION IS ABOLISHED IN THIS STATE.

 8         Enacting section 1.  This amendatory act does not take

 9    effect unless Senate Bill No. 465

10                             of the 90th Legislature is enacted into

11    law.


































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