February 13, 2007, Introduced by Reps. Sheltrown, Accavitti, Rick Jones, Hoogendyk, Mayes, Stahl and Bieda 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.