Michigan’s Quiet Title statute, MCL 600.2932, provides for the legal authority to commence actions to quiet title. The statute specifically grants broad authority for actions to quiet title and does no provide a limitation on the legal theories available.
The statutes states:
Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land, may bring an action in the circuit courts against any other person who claims or might claim any interest inconsistent with the interest claimed by the plaintiff, whether the defendant is in possession of the land or not.
The statute also identifies that the circuit court is the appropriate jurisdiction for actions to quiet title. This should suggest a limitation as to the federal courts’ jurisdictional authority for actions to quiet title for those actions in which the federal court would be the appropriate jurisdiction.
The statute specifically provides that actions to quiet title are equitable in nature.
MCL 600.1605 sets forth the correct county in Michigan to file actions to quiet title. The statute provides for the authority for actions to quiet title in “[T]he county in which the subject of action, or any part thereof, is situated…”
Michigan’s court rules (MCR 3.411(B)(1) provide particular requirements on the necessary information to be contained in actions to quiet title. The complaint to quiet title must describe the land in question with reasonable certainty by stating:
- the section, township, and range of the premises;
- the number of the block and lot of the premises; or
- another description of the premises sufficiently clear so that the premises may be identified.
The court rule also provides that the Complaint for actions to quiet title must allege the interest the plaintiff and defendant claim in the property and why the facts establish a superiority of the plaintiff’s claim.
Actions to quiet title may have one or multiple theories contained within the complaint. Some examples of theories available in actions to quiet title include:
- Tax Reversion / Tax Title perfection
- Adverse possession
- Undischarged mortgages
- Gaps in chain of title
- Race/Notice disputes
- Wrongful ejectment
- Partition actions
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