Marketable Record Title Acts

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Marketable Record Title Acts

Be Cautious in relying on any marketable record title act without a review of the underlying act. Almost all include conditions to their application and exceptions as to what rights may be eliminated (parties in possession and easements being among the more common)

Per Dale Whitman 4-25-2021

States with marketable title statutes (with year of enactment) are

  • California (1982)
  • Connecticut (1967)
  • Florida (1963) - 30 years after "root of title"
  • Illinois (1941) - No claim against party in possession under color of title after 75 years
  • Indiana (1941)
  • Iowa (1919)
  • Kansas (1973)
  • Michigan (1945)
  • Minnesota (1943)
  • Nebraska (1947)
  • North Carolina (1973)
  • North Dakota (1951)
  • Ohio (1961)
  • Oklahoma (1961)
  • South Dakota (1947)
  • Utah (1963)
  • Vermont (1969) -- 40 years after root.
  • Wisconsin (1941)
  • Wyoming (1975)