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Session Laws, 1971
Volume 707, Page 1367   View pdf image
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Marvin Mandel, Governor                          1367

obligation, or any other person in possession of land, any life tenant,
tenant for years, tenant at will, periodic tenant, tenant in common or
joint tenant, who, without express or implied authorization, commits
or permits waste thereon, shall be liable for the actual damages suf-
fered, and an action may be maintained against such person even
though he may thereafter grant or assign his interest or estate in
the land.

Sec. 4. And be it further enacted, That new Section 149 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 148 thereof and to be under the new
subtitle "Grant of Non-possessory Corporeal Estates," and to read
as follows:

Grant of Non-possessory Corporeal Estates
149.

Any conveyance of a non-possessory corporeal estate in land shall
be valid and effective without the attornment of the tenant in
possession, provided nevertheless, that any payment of rent by
the tenant to the grantor of such conveyance prior to actual notice
of such conveyance shall be an effective discharge of liability for
such rent.

Sec. 5. And be it further enacted, That new Article 39C be and
it is hereby added to said Code (1965 Replacement Volume), to follow
immediately after Article 39B thereof and to be under the title
"Statute of Frauds," and to read as follows:

Article 39C.
Statute of Frauds
1.

All corporeal estate, leasehold or freehold, or incorporeal interests
in land made or created by parol and not in writing and signed by the
party so making or creating the same, or his agent lawfully author-
ized by writing, shall have the force and effect of estates or interests
at will only, and shall not either in law or equity be deemed or taken
to have any other or greater force or effect.

2.

Section 1 above is not applicable to leasehold estates not exceeding
the term of three years from the making thereof.

3.

No corporeal estate, leasehold or freehold, or incorporeal interest
in land shall be assigned, granted or surrendered unless it be by writ-
ing signed by the party so assigning, granting or surrendering the
same, or his agent lawfully authorized by writing, or by act and
operation of law.

4.

No action shall be brought:

 

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Session Laws, 1971
Volume 707, Page 1367   View pdf image
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