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Real property lawyers tell committee bill would restore longstanding expectations under Marketable Record Title Act
Summary
The House Judiciary Committee heard testimony on House Bill 4524, a proposed fix to the Marketable Record Title Act that supporters say will preserve older recorded restrictions and easements relied on by subdivisions, condominiums and commercial developments.
House Bill 4524 received detailed testimony in the House Judiciary Committee from the Real Property Law Section of the State Bar and representatives of title insurers, realtors and commercial property interests who said the bill clarifies and restores longstanding expectations under the Marketable Record Title Act (MRTA).
David Pearson of the Real Property Law Section told the committee the MRTA, enacted in 1945, was intended to simplify title searches by permitting a 40-year cut-off for title matters. A 2018 amendment, he said, unintentionally allowed older restrictions and easements to be extinguished unless claimants filed detailed…
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