Final judgment shall not be rendered, in any action to recover the possession of land, against any defendant who has, in good faith, believing his title to the land in question absolute, made improvements on the land before the commencement of the action, or whose grantors or ancestors have made the improvements, until the court has ascertained the present value of the improvements and the amount reasonably due the plaintiff from the defendant for the use and occupation of the land. If the value of the improvements exceeds the amount due for use and occupation, execution shall not be issued until the plaintiff has paid the balance to the defendant or into court for his benefit. If the plaintiff elects to have the title confirmed in the defendant and, upon the rendition of the verdict, files notice of the election with the clerk of the court, the court shall ascertain what sum ought in equity to be paid to the plaintiff by the defendant or other parties in interest and, on payment of it, may confirm the title to the land in the parties paying it.

(1949 Rev., S. 7119; P.A. 79-602, S. 54.)

History: P.A. 79-602 made minor changes in wording but no substantive changes.

At common law, betterments could be set off against a claim for the mesne profits. 5 Coke Rep. 30; 8 Wheat. 1. Section does not impair obligation of contracts, nor deprive a person of property without due course of law, nor of his right of trial by jury. 48 C. 577; 74 C. 502. One who takes title without examining land records cannot claim betterments against prior mortgagee. Id., 411; 114 C. 93. As to application to estate upon condition. 76 C. 592. Plaintiff cannot compel defendant to take and pay for title to land. 78 C. 202. Right to betterments cannot be reached by execution against land. 83 C. 346. Statute does not apply where there is no mistake as to ownership and money expended is that of true owner. 91 C. 13. Recovery for taxes, insurance premiums, interest paid on mortgage and rent. 120 C. 528. There could be no claim to recover for occupation after commencement of action. 130 C. 491. Where, on appeal, judgment for defendants based on finding of title in them by adverse possession was reversed, case was remanded to determine damages of plaintiffs and set-off of defendants under statute. 156 C. 510.

Trial court misinterpreted statute to limit award to value of the property and to preclude an award of use and occupancy when statute directs court to determine what equitable sum is due to plaintiff. 51 CA 186.

Defendant not entitled to compensation for alleged improvements and betterments made by her, where it was not shown that they were made in good faith. 12 CS 38.