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Session Laws, 1972
Volume 708, Page 1033   View pdf image
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Marvin Mandel, Governor                          1033

5-117. Presumption against joint tenancy.

No deed, will or other instrument of writing which affects
real or personal property, shall be construed to create an estate in
joint tenancy, unless in such deed, will or other instrument of
writing, it is expressly provided that the property thereby conveyed
is to be held in joint tenancy.

5-118. Grants to or for the Maryland Historical Trust or the
Maryland Environmental Trust.

(a)    Every grant, bequest, gift, devise or dedication, or reserva-
tion of any interest, use, easement, right, or estate in property to or
for the Maryland Historical Trust or the Maryland Environmental
Trust which is otherwise valid shall be valid and effectual at law and
in equity notwithstanding the fact that the Trusts may neither be a
party to the instrument so granting, giving, dedicating or reserving
the interest, use, right, or estate nor be in actual legal possession of
any estate or interest in property which is, in fact, dominant with
regard to the interest, use, easement, right or estate granted, given,
dedicated, or reserved.

(b)    Whenever any grant, reservation, dedication, or gift of any
nature which clearly indicates the maker's intention to subject any
interest or estate in property to public use for the preservation of
historic or environmental qualities fails to specify a grantee, donee or
beneficiary to receive the same or specifies a grantee, donee, or benefi-
ciary which is not legally capable of taking the interest or estate,
it shall be construed to pass to the Maryland Historical Trust or the
Maryland Environmental Trust in any proceedings under Sections
195 and 196 of Article 16 of this Code.

Title VI
Rights of Entry and Possibilities of Reverter

6-101. Thirty year limit on possibilities of reverter and rights of
entry created on or after July 1,1969.

(a)    A special limitation or a condition subsequent, which re-
stricts a fee-simple estate in land, and the possibility of reverter
or right of entry for condition broken thereby created, shall, if the
specified contingency does not occur within thirty years after the
possibility of reverter or right of entry was created, be extinguished
and cease to be valid. Any estate of fee simple determinable or any
fee simple estate subject to a condition subsequent shall become a fee
simple absolute if the specified contingency does not occur within
thirty years from the effective date of the instrument creating the
possibility of reverter or right of entry.

(b)    Subsection (a) shall become effective on July 1, 1969,
with respect to inter vivos instruments taking effect on or after that
date, to the wills of persons who die on or after that date and to
appointments made on or after that date, including appointments
by inter vivos instruments or wills under powers created before such
date.

6-102. Limitation on duration of possibilities of reverter and rights
of entry existing before July 1, 1969, if notice of intention
to preserve not filed.

A special limitation or a condition subsequent, which restricts
a fee simple estate in land, and the possibility of reverter or right of


 

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Session Laws, 1972
Volume 708, Page 1033   View pdf image
 Jump to  
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