Michigan Laws 560.198 – Correction of errors; surveyor’s affidavit
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Terms Used In Michigan Laws 560.198
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- County plat board: means the register of deeds, who shall act as chairperson, the county clerk, who shall act as secretary, and the county treasurer. See Michigan Laws 560.102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Land: means all land areas occupied by real property. See Michigan Laws 560.102
- Lot: means a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat. See Michigan Laws 560.102
- Plat: means a map or chart of a subdivision of land. See Michigan Laws 560.102
- subdivision: means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1 or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of this act by section 108 and 109. See Michigan Laws 560.102
- Surveyor: means a professional surveyor licensed under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 560.102
Subject to review and approval at a meeting of the county plat board of the county in which the subdivision is located, an affidavit by the surveyor who certified the plat may be recorded in the office of the register of deeds in which the plat is recorded but only for the purpose of correcting minor and typographical errors in distances, angles, directions, bearings, chords, lot numbers, street numbers or other details shown on a recorded plat as follows:
(a) The affidavit shall explain the purpose, exact nature, and details of the correction.
(b) If the county plat board rejects the request for recording of the affidavit, it shall give its reasons in writing.
(c) The register of deeds, after approval of the county plat board, shall note on the plat a reference to the book and page in which the affidavit is recorded and shall send a certified copy to the director of the department of energy, labor, and economic growth, who shall note or reference it on his copy of the plat. The director of the department of energy, labor, and economic growth shall send copies to all agencies which received a copy of the plat.
(d) A recorded affidavit, or a certified copy thereof, shall be prima facie evidence of the facts therein stated.
(e) Affidavits of correction may not be used to change the boundaries or shape of lots, outlots or parcels of land in a subdivision.