Opinion
No. 2006-29.
May 22, 2007.
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Rule 3.411 of the Michigan Court Rules is adopted, effective September 1, 2007.
[New language is indicated by underlining and deletions are indicated by strikeover.]
Rule 3.411 Civil Action to Determine Interests in Land
(A)-(G)[Unchanged.]
(H) Judgment Binding Only on Parties to Action. Except for title acquired by adverse possession, tThe judgment determining a claim to title, equitable title, right to possession, or other interests in lands under this rule, determines only the rights and interests of the known and unknown persons who are parties to the action, and of persons claiming through those parties by title accruing after the commencement of the action.
(I) [Unchanged.]
Staff Comment: This amendment clarifies that MCR 3.411(H), under which a judgment determining an interest in land is effective only as to the parties to the action, does not apply to an action in which title was determined under the principle of adverse possession. Under longstanding Michigan caselaw, interests in land acquired by adverse possession are effective against all the world, not just those individuals who are parties to the action. See, for example, Lawson v Bishop, 212 Mich 691 (1920), and
Gorte v Dep't of Transportation, 202 Mich App 161 (1993). The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.