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Session Laws, 1972
Volume 708, Page 1014   View pdf image
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1014                             Laws of Maryland                      [Ch. 349

brought, or some memorandum or note thereof, shall be in writing
and signed by the party to be charged therewith, or some other
person by him lawfully authorized.

2-105. Declarations of trust.

All declarations of trust respecting any land or any interest
therein or amendments thereto shall be manifested and proved by
some writing signed by the party who is by law enabled to declare
such trust, or by his last will in writing, or else they shall be void
and of no effect.

2-106. SameNot applicable to resulting or constructive trusts or
to trusts transferred or extinguished by operation of law.

This title is not applicable where any conveyance shall be made
of any interest in land by which a trust shall or may arise or result
by implication or construction of law, or where a trust shall be
transferred or extinguished by operation of law.

2-107. Assignment of beneficial interest in trust.

All assignments of any beneficial interest in a trust, the assets
of which consist, in whole or in part, of land shall be in writing
signed by the party assigning the same, or his agent lawfully
authorized by writing, or by his last will in writing, or else they
shall be void and of no effect.

2-108. Nonexclusivity.

Nothing in this title shall be construed as repealing any of the
additional requirements set out in this article for the effective con-
veyancing of estates or interests in land.

Title III
Recordation

Subtitle 1. General Rules and Exceptions
3-101. Deeds required to be recorded.

(a) General Rule. No estate of inheritance or freehold, or
any declaration or limitation of use, or any estate above seven years,
or any mortgage or deed of trust or assignment or release thereof,
shall pass or take effect unless the deed conveying the same shall be
executed and recorded subject, however, to the following:

(1)    None of the requirements of this Section 3-101 (a) shall
apply to any other method of transferring or creating an estate,
declaration or limitation which is now or hereafter permitted by the
law of this State except to the extent required by such law.

(2)    The recording requirements of this Section 3-101 (a) shall
not apply to any lease for an initial term not exceeding seven
years if each renewal term thereunder (i) is for seven years or less
and (ii) may, by the provisions of the lease, be effected or pre-
vented by a party to such lease or his assigns.

(3)    If a lease required to be executed and recorded under the
provisions of this Section 3-101 (a) is executed but not recorded,
such lease shall, nevertheless, be valid and, binding, and of full
force and effect both at law and in equity (i) between the original
parties to such lease AND THEIR PERSONAL REPRESENTA-


 

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Session Laws, 1972
Volume 708, Page 1014   View pdf image
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