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Session Laws, 1972
Volume 708, Page 1034   View pdf image
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1034                             Laws of Maryland                      [Ch. 349

entry for condition broken thereby created, shall be unenforceable
and shall be extinguished and cease to be valid, unless within the time
specified in. subsection (c) hereof, a notice of intention to preserve
such possibility of reverter or right of entry is recorded as herein-
after provided. Such extinguishment shall occur at the end of the
period in which the notice or renewal notice may be recorded and
any fee simple determinable or estate of fee simple subject to a
condition subsequent shall become a fee simple absolute. No dis-
ability or lack of knowledge of any kind shall prevent the extinguish-
ment of such interests in the event no notice of intention to preserve
is filed within the times specified in subsection (c) hereof.

(a)    Who may record notice to preserve. Any person having
a possibility of reverter or right of entry may record among the land
records of the city or county in which the land is situated a notice of
intention to preserve the entire possibility of reverter or right of
entry, if duly acknowledged by such person. Such notice may be
filed for record by the person claiming to be the owner of such in-
terest, or by any other person acting on his behalf if such claimant
is under a disability, or otherwise unable to assert a claim on his
own behalf.

(b)    Contents of notice; recording; indexing. To be effective
and to be entitled to be recorded, such notice shall contain an ac-
curate and full description of all land affected by such notice, which
description shall be set forth in particular terms and not be general
inclusions; but if such claim is founded upon a recorded instrument,
then the description in such notice may be the same as that contained
in the recorded instrument. Such notice shall also contain the name of
any record owner of the land at the time the notice is filed and the
terms of the special limitation or condition subsequent from which
the possibility of reverter or right of entry arises. All such notices
which are duly acknowledged shall be accepted for recording among
the land records upon payment of the same fees as are charged for
the recording of deeds. Such notices shall be indexed as "Notice of
Reverter or Right of Entry" under the grantee indices of deeds under
the names of persons on whose behalf such notices are executed and
filed, under the grantor indices of deeds under the names of the rec-
ord owners of the possessory estates in the land to be affected againt
AGAINST whom the claim is to be preserved at the time of the filing,
and in any block or property location index in any county which
maintains such an index.

(c)    When notice of intention to preserve may be recorded.

(1)    As to a Possibility of Reverter or Right of Entry Created
Before July 1, 1899. If the possibility of reverter or right of entry
was created before July 1, 1899, the initial notice may be recorded
within three years after July 1, 1969.

(2)    As to a Possibility of Reverter or Right of Entry Created
Between July 1, 1899 and June 30, 1969, Inclusive. If the date when
the possibility of reverter or right of entry was created was between
July 1, 1899 and June 30, 1969, inclusive, the initial notice may be
recorded not less than seventy years nor more than seventy-three
years after the date of such creation.

(3)    Renewal Notices. A renewal notice may be recorded after
the expiration of twenty-seven years and before the expiration of


 

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Session Laws, 1972
Volume 708, Page 1034   View pdf image
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