Changes to the Michigan Land Division Act

While a great deal of Michigan has long since been divided and subdivided into “platted” lands for homesites and commercial development, most of the state continues to be made up of land that has never been platted.

The Michigan Land Division Act is a complicated set of laws that was first enacted in 1967 to regulate the orderly layout, use and division of land. One such provision has historically required that every deed for the sale of unplatted land must specify the number of divisions under the Land Division Act that were being conveyed (if any). Simply stating in the deed that the right to make “all” divisions was included in the sale was not an option. This led to a certain amount of time-consuming research, even in situations where the seller had no desire to retain any division rights and simply wanted to sell the land, division rights and all.

Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. Effective March 13, 2018, the seller of unplatted land can simply state in the deed that the right to make all divisions, a specific number of divisions, or no divisions is included in the sale.

If you’re currently involved in or contemplating a residential or commercial real estate transaction, the attorneys at Wright Beamer can help. Please call us at (248) 477-6300.

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