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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5840

January 15, 1981

PLATS:

Effect of assessor's plat on titles to land within plat

An assessor's plat recognizing boundaries of adjoining lots based upon acquiescence of owners does not establish marketable title to lands described therein. Owners of lots within the assessor's plat may exchange quit claim deeds for the purpose of establishing record chains of title to descriptions conforming to the lots as depicted upon the assessor's plat.

Mitch Irwin

State Senator

State Capitol

Lansing, Michigan

You have asked my opinion on the following question:

If a common boundary line is acquiesced in by owners of adjoining lots in an assessor's plat, may the owners, thereafter, exchange quit-claim deeds for purposes of establishing record chains of title, to descriptions conforming to the lots depicted upon the assessor's plat; that is to say, after an assessor's plat is filed with the register of deeds, may owners of property described in the assessor's plat resolve boundary discrepancies between any of them by execution and delivery of a quit-claim deed(s)?

The General Property Tax Act, 1893 PA 206; MCLA 211.1 et seq; MSA 7.1 et seq, Sec. 25, specifies how, for assessment and collection of ad valorem real property taxes, the local assessing officer shall describe real property.

1893 PA 206, supra, Sec. 98, requires the State Treasurer to reject taxes assessed against land where:

'[T]he description of such lands as used in the assessment was so indefinite or erroneous as to result in the tax lien being void.'

To enable the assessor to adequately describe lands for purposes of assessment and taxation, the Subdivision Control Act, 1967 PA 288; MCLA 560.101 et seq; MSA 26.430(101) et seq, Sec. 201(1)(b), authorizes the making of an assessor's plat:

'When the description of 1 or more of the different parcels within the area cannot be made sufficiently certain and accurate, or are deemed excessively complicated by the governing body, for the purposes of assessment and taxation without a survey or resurvey.'

1967 PA 288, supra, Secs. 204 through 211, inclusive, specifies the procedures to be utilized in making an assessor's plat. In summary:

The surveyor retained shall survey and lay out the proposed plat according to the records of the register of deeds and such other evidence as indicates the intent of owners in the chains of title, 1967 PA 288, supra, Sec. 204.

After reduction of the survey to a map of the proposed subdivision, proprietors of record are to be notified in order that they may examine the map, view survey monuments and make known any disagreement with the boundaries shown. 1967 PA 288, supra, Sec. 205.

The surveyor is thereafter directed to reconcile any discrepancies revealed. 1967 PA 288, supra, Sec. 206.

Sections 207 and 208 prescribe technical requirements for survey and form of surveyor certificate.

After the plat is filed by the surveyor with the clerk of the governing body that ordered the plat, notice of the filing is given by publication. Within 30 days of the first publication, any person or public body having an interest in any lands affected by the plat may bring a suit to have the plat corrected. If no suit is brought within such time, the plat may be approved by the governing body. 1967 PA 288, supra, Sec. 209(4).

After requisite approvals and certifications specified in Secs. 210-211 of 1967 PA 288, supra, the plat is recorded in deeds by the State Treasurer.

Thereafter, in accordance with 1967 PA 288, supra, Sec. 212:

'Reference to any land, as it appears on a recorded assessor's plat is sufficient for purposes of assessment and taxation. Conveyance may be made by reference to the plat and shall be as effective to pass title to the land so described as it would be if the premises had been described by metes and bounds. The plat or record thereof shall be received in evidence in all courts and places as correctly describing the several parcels of land therein designated. After an assessor's plat has been made and recorded with the register of deeds, all conveyances of lands included in the assessor's plat shall be by reference to the plat. Any instrument dated and acknowledged after January 1, 1968, purporting to convey or mortgage any such lands except by reference to such assessor's plat may not be recorded by the register of deeds.'

The recordation of the assessor's plat may not, however, be sufficient to vest marketable record title in the occupant-owner of each of the lots depicted upon the plat.

1945 PA 200; MCLA 565.101 et seq; MSA 26.1271 et seq, provides, in part:

'Sec. 1. Any person, having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for 40 years, shall at the end of such period be deemed to have a marketable record title to such interest, subject only to such claims thereto and defects of title as are not extinguished or barred by application of the provisions of succeeding sections of this act and subject also to such interests and defects as are inherent in the provisions and limitations contained in the muniments of which such chain of record title is formed and which have been recorded during said 40 year period: Provided, however, That no one shall be deemed to have such a marketable record title by reason of the terms of this act, if the land in which such interest exists is in the hostile possession of another.

Sec. 2. A person shall be deemed to have the unbroken chain of title to an interest in land as such terms are used in the preceding section when the official public records disclose:

(a) A conveyance or other title transaction not less than 40 years in the past, which said conveyance or other title transaction purports to create such interest in such person, with nothing appearing of record purporting to divest such person of such purported interest; or,

(b) A conveyance or other title transaction not less than 40 years in the past, which said conveyance or other title transaction purports to create such interest in some other person and other conveyances or title transactions of record by which such purported interest has become vested in the person first referred to in this section, with nothing appearing of record purporting to divest the person first referred to in this section of such purported interest.'

To cite an example which may require the execution, acknowledgement, delivery and recordation of quit-claim deeds to establish marketable title of record:

Adams has an unbroken chain of title of record extending back at least forty years to a parcel of land described as:

The West 100 feet of the North 200 feet of the Northwest Quarter of Section 1 (Parcel A).

Buchanan has an unbroken chain of title of record extending back at least forty years to a parcel of land described as:

The East 100 feet of the West 200 feet of the North 200 feet of the Northwest Quarter of Section 1 (Parcel B).

Carter has an unbroken chain of title of record extending back at least forty years to a parcel of land described as:

The East 130 feet of the West 330 feet of the North 200 feet of the Northwest Quarter of Section 1 (Parcel C).

There is nothing appearing of record purporting to divest either Adams, Buchanan, or Carter of title.

The lines of occupation between parcels A and B, and B and C, are not consistent with the descriptions of the parcels appearing in the record chain of title.

Adams occupies a parcel which may be described as:

The West 110 feet of the North 200 feet of the Northwest Quarter of Section 1.

Buchanan occupies a parcel which may be described as:

The East 110 feet of the West 220 feet of the North 200 feet of the Northwest Quarter of Section 1.

Carter occupies a parcel which may be described as:

The East 110 feet of the West 330 feet of the North 200 feet of the Northwest Quarter of Section 1.

An assessor's plat has been proposed and prepared. The parcels as occupied by Adams, Buchanan, and Carter have been designated respectively, as Lot 1, 2, and 3 of the Assessor's Plat.

Adams, Buchanan, and Carter have each executed and acknowledged Boundary Line Agreements consistent with 1967 PA 288, supra, Sec. 206; the form of which, as set forth below, is recommended by the Plat Section, Department of Treasury.

The agreements, as executed and acknowledged, provide in relevant part:

'THE UNDERSIGNED PERSON, BEING DULY SWORN, DEPOSES AND SAYS, THAT AS OWNER OF THE PROPERTY NOW DESCRIBED

(Description as appearing in record chain of title)

HEREAFTER TO BE KNOWN AS LOT (Designation of lot occupied as appearing on preliminary map of assessor's plat), Assessor's Plat No. 1 of Blank Township, subject to approval as authorized by Act 288 of the Public Acts of 1967, Sections 201 through 213, as amended.

I AGREE WITH THE BEARINGS, DISTANCES AND BOUNDARIES FOR MY PROPERTY ON THE PRELIMINARY MAP.'

Approval of the subject plat, and recordation of the plat and a boundary line agreements would not alone result in possession by Adams or Buchanan of a record chain of title to all of lots 1 and 2 respectively; neither would such recordation purport of record to divest Buchanan or Carter of lands in their respective record chains of title.

We would suggest that to establish marketable title of record in Adams (Lot 1); Buchanan (Lot 2); and Carter (Lot 3), that after recordation of the plat and boundary line agreements:

(a) Buchanan execute, acknowledge and deliver to Adams a quit-claim deed for Lot 1, and Adams file the same for recordation by the office of register of deeds; and

(b) Carter execute, acknowledge and deliver to Buchanan a quit-claim deed for Lot 2, and Buchanan file the same for recordation by the office of register of deeds.

In conclusion, the making of an assessor's plat which depicts the boundaries of adjoining lots as acquiesced to by the owners thereof does not establish marketable record of title to the lots as depicted. In certain instances the execution, acknowledgment, delivery and recordation of quit-claim deeds may be necessary to establish marketable record of title following the making and recording of an assessor's plat, and the owners of lands within the plat may exchange quit-claim deeds for the purpose of establishing record chain of title to descriptions conforming to lots depicted on the assessor's plat.

Frank J. Kelley

Attorney General


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