13l4 LANDLORD AND TENANT. [ART. 53
As to the redemptioii of ground-rents owned by Infants, see art. 93, sec. 171.
This section is substantially the same as sections 92 and 93 of art. 21—see
notes to sec. 92.
See art. 21, sections 94 and 95.
1904, art. 53, sec. 25. 1S88, art. 53, sec. 25. 1884, ch. 502.
25. Whenever the lessee named in a lease or the assignee of a
lease shall or may apply to his landlord for a renewal of the lease under
convenant contained in it giving him the right to demand and have
such, renewal, the landlord shall, in case the tenant can not produce
vouchers or satisfactory evidence showing the payment of the rent
accrued for three years next preceding his demand and application, be
entitled to demand and recover three years' back rent and no more (in
addition to any renewal fine that may be provided for in the lease),
before executing or causing to be executed such renewed lease, and
the tenant may plead this section in bar of the recovery of any larger
or greater amount of rent.
Where the tenant replevles goods distrained upon, a plea by the landlord
that the cause of action did not accrue within three years before suit brought,
is defective. The question is whether the rent became due within three years
before the distress. Smith v. Heldman, 93 Md. 354.
See art. 21, sec. 94.
Ibid. sec. 26. 1888, art 53, sec. 26. 1884, ch. 502.
26. Whenever there has been no demand or payment for more than
twenty consecutive years of any specific rent reserved out of a particu-
lar lot or any part of a particular lot under any form of lease, such
rent shall be conclusively presumed to have been extinguished and the
landlord shall not thereafter set up any claim thereto or to the rever-
sion in the lot out of which it issued, or have the right to institute any
suit, action or proceeding whatsoever to recover said rent or said lot;
but in case such landlord shall be under any legal disability when such
period of twenty years of non-demand or non-payment shall expire, he
shall have two years after the removal of such disability within which
to assert his rights; provided, however, that coverture shall not be con-
sidered a disability within the provisions of this and the next preceding
section and that no retroactive effect shall be given to said sections, and
the period of limitations herein prescribed shall begin to run only from
April 8, 1884.
This section is constitutional. Non-payment of ground-rent for twenty
years vests a fee simple title in the tenant. Safe Deposit Co. v. Marburg, 110
Md. 410.
If a ground-rent of two pepper corns has not been demanded for more than
twenty years, It is extinguished. Lewis v. Kinnaird, 104 Md. 653.
As to the action of ejectment between landlord and tenant, see art. 75,
sec. 73.
As to when a claim to land under a patent is barred by limitations, see art.
57, sec. 10.
As to disabilities, see art. 57, sec. 2, and notes.
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