The Michigan Granting Clause is a crucial component of property deeds in the state of Michigan, outlining the rights and limitations associated with property ownership. This clause establishes the extent of ownership being granted and contains specific keywords that define the nature of the grant. Different types of Michigan Granting Clauses include General Warranty, Special Warranty, and Quitclaim Deeds. General Warranty Deed: The General Warranty Deed is a commonly used type of Michigan Granting Clause, ensuring the highest level of protection for the grantee. This clause typically includes keywords such as "convey and warrant," "grant," or "bargain and sell." By using these keywords, the granter assures the grantee that they have full legal rights to the property and that the property is without any encumbrances or defects, both during their ownership and prior to the granter's ownership. Special Warranty Deed: In contrast to the General Warranty Deed, the Special Warranty Deed offers a limited level of protection to the grantee. The clause includes keywords such as "convey and warrant," or "grant," but with the addition of the phrase "only against the claims and demands of the granter." This means that the granter guarantees the title against any defects or encumbrances that occurred during their ownership, but not against any issues that existed prior to their ownership. Quitclaim Deed: The Quitclaim Deed is another type of Michigan Granting Clause, which provides the least amount of protection for the grantee. This clause typically includes keywords such as "quitclaim" or "demise, release, and quitclaim." With a Quitclaim Deed, the granter transfers their ownership interest in the property without making any warranties or guarantees. Essentially, the granter is stating that they are releasing any claims they may have had on the property without ensuring the existence of a clear title or any potential liabilities associated with it. In conclusion, the Michigan Granting Clause is a fundamental component of property deeds, and its various types, including General Warranty, Special Warranty, and Quitclaim Deeds, determine the level of protection and guarantees provided to the grantee. Understanding the language and keywords used in the granting clause is essential for both the granter and grantee when engaging in real estate transactions in Michigan.
Michigan Granting Clause
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Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Section 8 of article 5 of the Michigan Constitution of 1963 obligates the governor to take care that the laws be faithfully executed.
Section 108 of the Michigan Land Division Act, MCL 560.108, provides, among other requirements, that a ?division? may result in a maximum of the following number of parcels: (a) for the first 10 acres or fraction thereof in the parent parcel or parent tract, 4 parcels; (b) for each whole 10 acres in excess of the first ...
Private property shall not be taken for public use without just compensation therefore being first made or secured in a manner prescribed by law.
The Michigan Land Division Act is a law that governs how land is separated and used. Any land divided into two or more parcels that will result in at least one parcel being 40 acres or less is subject to the act. It was originally enacted under the Subdivision Control Act on January 1, 1968.
(f) "Subdivide" or "subdivision" means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1 ...
109. (1) A municipality shall approve or disapprove a proposed division within 45 days after the filing of a complete application for the proposed division with the assessor or other municipally designated official.
Minimum lot sizes shall not be less than 12,000 square feet in any subdivision unless there is connection to public water and a public sewer system.