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Session Laws, 1972
Volume 708, Page 1015   View pdf image
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Marvin Mandel, Governor                          1015

TIVES, (ii) against their creditors and their personal representa-
tives
and (iii) against any other person who claims by, through
or under an original party and who acquires the interest claimed
with actual notice of such lease or at a time when the tenant
(or anyone claiming by, through or under the tenant) is in such
actual occupancy as to give reasonable notice to such person.

(b) Memorandum of lease. In lieu of the recording of a lease,
above prescribed, there may be recorded with like effect a memo-
randum of such lease, executed by all persons who are parties to the
lease. A memorandum of lease thus entitled to be recorded shall
contain at least the following information with respect to the lease:
The name of the lessor and the name of the lessee, and the addresses,
if any, set forth in the lease as addresses of such parties; a ref-
erence to the lease, with its date of execution; a description of the
leased premises in the form contained in the lease; the term of the
lease, with the date of commencement and the date of termination
of such term, and if there is a right of extension or renewal, the
maximum period for which or date to which it may be renewed, and
the date or dates on which such right of extension or renewal are
exercisable. If any of the dates are unknown, then the memoran-
dum of lease shall contain the formula which the date is to be
computed. Whenever a memorandum of lease is presented for re-
cording, the lease shall also be submitted to the recording office for
the purpose of examination to determine whether or not such lease
(or the memorandum thereof hereby authorized) is subject to any
transfer or other taxes or requires documentary or other recording
stamps. Such lease when so submitted shall be stamped by the
clerk so that it may be identified as the instrument so presented to
the clerk at the time of the recording of such memorandum thereof,
and the documentary stamps, if any, shall be affixed to the lease.

3-102. Other instruments which may be recorded.

Any other instrument affecting property, including, but not lim-
ited to, any contract for the conveyance of property or any subor-
dination agreement establishing priorities between interests in prop-
erty, may be recorded. The recording of any such instrument shall
constitute constructive notice from the date of recording.

3-103. Place of recording.

The proper jurisdiction for recording all deeds or other instru-
ments referred to in Sections 3-101 and 3-102 is as follows:

(a)    In the county where the land affected by such deed or in-
strument lies.

(b)    Where the land lies in more than one county, in all of
such counties.

3-104. Prerequisites to recording.

(a) Transfer on assessment books. No deed for the conveyance
of property, which would effect a change of ownership on the assess-
ments
ASSESSMENT books under Article 81, shall be received for
record until the property conveyed has been transferred on the assess-
ment books or records of the county where the property is located to
the grantee or assignee named in such deed. At the time of submitting


 

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Session Laws, 1972
Volume 708, Page 1015   View pdf image
 Jump to  
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