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Session Laws, 1971
Volume 707, Page 1366   View pdf image
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1366                             Laws of Maryland                      [Ch. 649

of said Code relating particularly to old British Property Law;
generally enacting and codifying the Common Law and some
provisions of the British Statutes in force in Maryland on July 4,
1776, relating to old British Property Law, and generally revis-
ing, enacting and codifying the Statute of Frauds; and repealing
other provisions of said British Statutes relating particularly to
old British Property Law.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 94A be and it is hereby added to Article 21 of the
Annotated Code of Maryland (1966 Replacement Volume), title
"Conveyancing," subtitle "Forms of Conveyancing," to follow im-
mediately after Section 94 thereof, and to read as follows:

94A.

There shall be no implied covenant or warranty by the grantor
as to title or possession in any grant of land or of any grant of an
interest or estate in land except that in any lease, unless the lease
provides otherwise, there shall be an implied covenant by the
lessor, his personal representatives and assigns that the lessee, his
personal representatives and assigns shall quietly enjoy said land.

Sec. 2. And be it further enacted, That new Section 147 be and
it is hereby added to Article 21 of said Code (1966 Replacement
Volume and 1970 Supplement), title "Conveyancing," to follow
immediately after Section 146 thereof and to be under the new
subtitle "Statute of Uses," and to read as follows:

Statute of Uses
147.

(a)  A conveyance, deed, covenant, devise or bequest of any prop-
erty, including an interest in land, to a trustee whose title is nominal
only, and who has no power of disposition or management of such
property, is void as to the trustee, and shall be deemed a direct con-
veyance, deed, covenant, devise or bequest to the beneficiary.

(b)  This section shall not be applicable to any deed of trust given
as security for the payment of a debt or the performance of an
obligation.

(c)  Notwithstanding the repeal of the British Statute of Uses as
it had been in force in Maryland, executory interests and powers of
appointment shall be valid in Maryland, subject to the Rule Against
Perpetuities as now or hereafter in force in Maryland.

Sec. 3. And be it further enacted, That new Section 148 be and
it is hereby added to Article 21 of said Code (1966 Replacement Vol-
ume and 1970 Supplement), title "Conveyancing," to follow imme-
diately after Section 147 thereof and to be under the new subtitle
"Waste," and to read as follows:

Waste
148.

Any mortgagor, including a grantor under a deed of trust given
as security for the payment of a debt or the performance of an


 

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Session Laws, 1971
Volume 707, Page 1366   View pdf image
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