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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 629   View pdf image (33K)
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CONVEYANCING. 629

lord, for a sum of money equal to the capitalization of the rent reserved at
a rate not exceeding six per centum.

This section draws no distinction between leases of ground and leases of build-
ings or building leases; generally the lease of a house or building carries with it the
land upon which the building stands. The right of redemption is read into lease.
This section is for the benefit of the public and not out of consideration for the
parties to lease. No covenant, however strong, can estop lessee from his right of
redemption. The five years begin to run from date of lease. Brager v. Bigham, 127
Md. 156.

The character of the leasehold interest was not changed by the act of 1900, ch. 207,
that act operating only as an option extended to the lessee to buy the fee simple
estate. Holzman v. Wagner, 114 Md. 322.

The act of 1900, ch. 207, repealed and re-enacted the act of 1888, ch. 395. Swan v.
Kemp, 97 Md. 691.

Specific performance of a lease for five years with an agreement of renewal for
twenty years, held not defeated by this section. King v. Kaiser, 126 Md. 222.

Cited but not construed in Cons. G. E. L. & P. Co. v. Baltimore, 130 Md. 28.

See sec. 99 and notes to sec. 94.

An. Code, sec. 91. 1904, sec. 90. 1888, sec. 86. 1884, ch. 238, secs. 1, 2.

96. In all cases where proceedings shall have been or shall be insti-
tuted for the renewal of leases for ninety-nine years, renewable forever,
which shall have expired, or shall be about to expire, and the court shall
have decreed or shall decree the renewal of such leases, such decree shall be
sufficient to renew the title of all parties to such leases, their heirs, personal
representatives and assigns, as the case may be, for another term of ninety-
nine years, as fully as if the lease so renewed had been originally made for
a length of time equivalent to such renewal term, added to the original term ;
provided, that no such decree shall bind any person not a party to said suit.
A copy of such decree shall be recorded among the land records of the
county or city where the lands demised in such leases lie.

See notes to sec. 94.

See art. 16, secs. 111 and 143 and art. 53, sec. 26.

An. Code, sec. 95. 1904, sec. 91. 1888, sec. 87. 1886, ch. 154.

97. Whenever the lessee or lessees named in any lease or sub-lease con-
taining a covenant for perpetual renewal, or any person or persons
claiming under such lessee or lessees, shall have retained or shall retain
uninterrupted possession of the demised premises, or any part thereof,
for twelve months after the expiration of such lease or sub-lease, it shall
be conclusively presumed in reference to the whole or any part or parts
of said demised premises, whereof possession shall have been retained as
aforesaid, and in favor of said lessee, lessees, or of the person or persons
claiming under such lessee or lessees, that a new lease or sub-lease of the
whole of said demised premises was executed prior to the expiration of said
lease or sub-lease by the lessor or lessors therein named, or by the person or
persons rightfully claiming under such lessor or lessors to the said lessee
or lessees, or to the person or persons rightfully claiming under such lessee
or lessees, for such additional term, under such rent and upon such cove-
nants, conditions and stipulations as were provided in said lease or sub-lease.

An. Code, sec. 96. 1904, sec. 92. 1888, sec. 88. 1892, ch. 684.

98. All devises, gifts, grants or conveyances of land in this State, bind-
ing on any street or highway, or when any street or highway shall be one or

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 629   View pdf image (33K)
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