Covenant Deed - Michigan

COVENANT DEED

State of Michigan

TABLE OF CONTENTS

1. Recording Information
2. Parties
3. Conveyance
4. Limited Warranty Covenants
5. Exceptions and Reservations
6. Transfer Tax
7. Execution
8. Acknowledgment
9. Exhibit A — Legal Description

ARTICLE I: RECORDING INFORMATION

After Recording Return To:
[________________________________]
[________________________________]
[________________________________]

Drafted By (MCL 565.201(1)(i)):
[________________________________]
[________________________________]

Property Tax ID / Parcel Number: [________________________________]

ARTICLE II: PARTIES

Section 2.1 — Grantor

Name: [________________________________]
(Typed or printed exactly as it appears on the prior deed of record)

Address: [________________________________]

Marital Status (optional / transaction-specific):
☐ A single person
☐ A married person
☐ Husband and wife
☐ An unmarried person
☐ A [________________] (entity type), organized under the laws of [________________]

(hereinafter referred to as "Grantor")

Section 2.2 — Grantee

Name: [________________________________]

Address (street number or P.O. Box required per MCL 565.201(1)(d)): [________________________________]

Vesting:
☐ A single person
☐ A married person, as his/her separate property
☐ Husband and wife, as tenants by the entirety
☐ As joint tenants with full rights of survivorship
☐ As tenants in common
☐ A [________________] (entity type), organized under the laws of [________________]

(hereinafter referred to as "Grantee")

ARTICLE III: CONVEYANCE

Section 3.1 — Granting Clause

For and in consideration of $[________________] ([________________] Dollars), receipt of which is hereby acknowledged, Grantor does hereby convey to Grantee, with only the express limited covenants in Article IV, the following described real property situated in the ☐ Township ☐ City ☐ Village of [________________], County of [________________], State of Michigan:

See Exhibit "A" attached hereto and incorporated by reference.

Property Address: [________________________________]
Tax Parcel ID: [________________________________]

Section 3.2 — Estate Conveyed

This conveyance creates an estate of inheritance unless a lesser estate is expressed in this deed. MCL 565.153 provides that “heirs and assigns” need not be recited to create an estate of inheritance.

ARTICLE IV: LIMITED WARRANTY COVENANTS

Section 4.1 — Scope of Covenants

By this Covenant Deed, Grantor covenants with Grantee that during the period Grantor held title to the above-described premises:

(a) Grantor has not conveyed the same estate or interest to another person during Grantor's ownership; and

(b) Grantor WILL WARRANT AND DEFEND title against lawful claims arising by, through, or under Grantor, but against none other.

Section 4.2 — Limitation of Warranty

NOTICE: This is drafted as a COVENANT DEED with express limited covenants, not the unqualified statutory warranty deed described by MCL 565.151. It deliberately does not use the phrase “conveys and warrants,” which invokes the full statutory covenant package. Under MCL 565.5, no other covenant is implied. Michigan counsel must confirm that the granting language and exceptions accurately express the parties' intended limitation. This deed does NOT purport to warrant against:

• Title defects existing before Grantor acquired the property;
• Encumbrances created by predecessors in title; or
• Claims of persons not claiming by, through, or under Grantor.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

This conveyance is made subject to:

(a) Real property taxes and assessments for the year 20[____] and subsequent years;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, easements, rights-of-way, and reservations of record;

(d) All matters that would be disclosed by an accurate survey and physical inspection;

(e) Rights of parties in possession;

(f) Additional specific exceptions:
☐ None
☐ As set forth below:
[________________________________]
[________________________________]

ARTICLE VI: TRANSFER TAX

Section 6.1 — Computation (MCL 207.504; MCL 207.525)

Section 6.2 — Exemptions

☐ This transfer is exempt from County Transfer Tax — MCL 207.505, subsection [____]
☐ This transfer is exempt from State Transfer Tax — MCL 207.526, subsection [____]

Exemption basis: [________________________________]

Note: If the instrument is exempt, state the reason for exemption on its face as required by MCL 207.511 and 207.533. Counsel should identify the applicable subsection of MCL 207.505 and 207.526.

Section 6.3 — Tax Certificate (MCL 211.135)

Unless an exception in MCL 211.135(6) applies, the person presenting the deed must provide the state/county and local certificates described in MCL 211.135(1), including the five-year tax-payment and redemption certifications. The register of deeds notes whether the required certificates were presented and generally refuses recording if required certificates are not procured.

☐ Required certificate(s) attached or presented.
☐ An MCL 211.135(6) exception applies: [SUBSECTION AND BASIS].

ARTICLE VII: EXECUTION

Signed and sealed on [__/__/____].

GRANTOR(S):

________________________________
Signature

________________________________
Printed Name (required per MCL 565.201(1)(a))

________________________________
Signature

________________________________
Printed Name

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 — Individual Acknowledgment (MCL 565.8)

STATE OF MICHIGAN
COUNTY OF [________________]

The foregoing instrument was acknowledged before me on [__/__/____] by [________________________________].

________________________________
Notary Public, [________________] County, Michigan

________________________________
Printed Name of Notary (must appear on same page as signature — MCL 565.201(1)(c))

My Commission Expires: [__/__/____]
Acting in [________________] County

[NOTARIAL SEAL]

Section 8.2 — Entity Acknowledgment

STATE OF MICHIGAN
COUNTY OF [________________]

The foregoing instrument was acknowledged before me on [__/__/____] by [________________________________], the [________________] (title) of [________________________________] (entity name), a [________________] (entity type), on behalf of said entity.

________________________________
Notary Public, [________________] County, Michigan

________________________________
Printed Name of Notary

My Commission Expires: [__/__/____]
Acting in [________________] County

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Situated in the ☐ Township ☐ City ☐ Village of [________________], County of [________________], State of Michigan:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Tax Parcel ID: [________________________________]

RECORDING REQUIREMENTS SUMMARY (MCL 565.201)

PRACTITIONER GUIDANCE

• MCL 565.151 — statutory warranty-deed form
• MCL 565.153 — estate of inheritance
• MCL 565.8 — acknowledgment of deeds
• MCL 565.201 — recording requirements
• MCL 207.504-.505 and 207.511 — county transfer tax
• MCL 207.525-.526 and 207.533 — state transfer tax
• MCL 211.135 — tax certificates and exceptions
• MCL 600.2567 — recording fees

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Michigan attorney before using this form.