Public Records Indexing in Michigan: A Guide for County Registers of Deeds

Quick reference

Who manages land records

Each of Michigan's 83 counties has a register of deeds, an elected office established by Article VII, §4 of the Michigan Constitution. The same section allows a county to combine the clerk and register offices, so some counties run land records out of a combined clerk/register office. Each county selects its own recording and indexing system, so data formats differ from county to county.

Recording requirements that shape the index

MCL 565.201 sets the format rules a document must meet to be recorded. For instruments executed after April 1, 1997, these include:

• Each signer's name printed or typed beneath the signature, and consistent with the acknowledgment.
• The notary or officer taking the acknowledgment identified on the document.
• Grantee addresses on conveyances.
• A 2½-inch top margin on the first page and ½-inch margins elsewhere.
• A first-line statement identifying the type of recordable event.

For indexing, these rules are helpful: post-1997 documents generally have printed names and a stated document type in predictable places. Older documents predate the rule and tend to need more review — handwritten names, no stated document type, and inconsistent layout.

Michigan is a race-notice state (MCL 565.29): an unrecorded conveyance is void against a later good-faith purchaser for value whose conveyance is recorded first. Accurate names and recording dates in the index are therefore central to how title is determined.

Transfer taxes

Deeds conveying property for value are subject to two transfer taxes, both collected at recording:

• State Real Estate Transfer Tax (1993 PA 330): $3.75 per $500 or fraction of value, set by MCL 207.525.
• County Real Estate Transfer Tax (1966 PA 134): 55 cents per $500 in counties under 2,000,000 population; counties of 2,000,000 or more may set a rate of up to 75 cents (MCL 207.504).

Both acts list exemptions. When a backfile project captures transfer tax amounts or exemption claims, define those fields explicitly — they are not part of a basic grantor/grantee index.

Electronic recording

The Uniform Real Property Electronic Recording Act (2010 PA 123, MCL 565.841 et seq.) lets electronic documents and signatures satisfy recording requirements. It does not require registers to accept them. Offices that accept both paper and electronic submissions should index both to the same standard — see day-forward indexing.

Plats

Plats are governed by the Land Division Act (1967 PA 288, MCL 560.101 et seq.). MCL 560.172 sets out how the register records an approved plat, including the recording certification and book and page reference. Plats are usually indexed separately from the grantor/grantee index, by subdivision name.

Public access and retention

Michigan's Freedom of Information Act (MCL 15.231 et seq.) requires a public body to respond to a request within five business days, with one notice-based extension of up to ten business days (MCL 15.235).

Retention is governed by approved schedules issued through DTMB Records Management Services with the Archives of Michigan and the State Administrative Board. The schedule specific to land records offices is General Schedule #3 — Registers of Deeds. Check it before planning to dispose of paper or microfilm after scanning.

Funding sources

• NHPRC Archival Projects (National Archives) supports digitization of, and online access to, historical collections, and its recent announcements mention early county and legal records. It funds historically significant material, not routine operational scanning. Deadlines vary by year.
• Michigan State Historical Records Advisory Board provides grant information and proposal help to records-holding organizations.
• County budgets remain the main source for most operational backfile work.

Michigan's current LSTA small grants are limited to eligible public libraries, so a register's office would not usually apply directly.

Practical considerations for backfile projects

• Liber and page references: older records are cited by book (liber) and page. Keep those references alongside any newer instrument numbers so title searchers can follow either.
• Pre-1997 documents: expect more handwritten names and less predictable layout, and plan more exception review for that era.
• Land contracts: classify them separately from deeds; the vendor and vendee are indexed as the parties.
• System differences: counties use different recording platforms. Confirm the target system's import format before extraction begins.

Disclaimer: This guide is for informational purposes only and is not legal advice. Statutes, rates, and procedures change; consult current statutory text and your county's legal counsel.