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Session Laws, 1972
Volume 708, Page 1035   View pdf image
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Marvin Mandel, Governor                          1035

thirty from the date of recording of such initial notice, and shall be
effective for a period of thirty years from the recording of such re-
newal notice. In like manner, further renewal notices may be recorded
after the expiration of twenty-seven years and before the expiration
of thirty years from the date of recording of the last preceding re-
newal notice.

(d) Applications of Section. Section 6-102 shall apply to all pos-
sibilities of reverter and rights of entry limited on estates of fee sim-
ple, existing before July 1, 1969.

6-103. Limitations of period within which actions may be brought
and land recovered by reason of termination of determinable
fee simple estates or upon happening of condition subsequent.

No person shall commence an action for the recovery of lands,
nor make an entry thereon, by reason of a breach of a condition sub-
sequent, or by reason of the termination of an estate of fee simple
determinable, unless the action is commenced or entry is made with-
in seven years after breach of the condition or within seven years
from the time when the estates of fee simple determinable has been
terminated. Where there has been a breach of a condition subse-
quent or termination of an estate of fee simple determinable which
occurred prior to July 1, 1969, an action may be commenced for the
recovery of the lands, or an entry may be made thereon by the owner
of a right of entry or possibility of reverter, by July 1, 1976. Pos-
session of land after breach of a condition subsequent or after ter-
mination of an estate of fee simple determinable shall be deemed
adverse and hostile from the first breach of a condition subsequent
or from the occurrence of the event terminating an estate of fee
simple determinable the date of recording of such initial notice, and
shall be effective for a period of thirty years from the recording of
such renewal notice. In like manner, further renewal notices may be
recorded after the expiration of twenty-seven years and before the
expiration of thirty years from the date of recording of the last
preceding renewal notice.

6-104. Alienability of possibilities of reverter and rights of entry.

Any possibility of reverter or right of entry for condition broken
may be transferred in the same manner as any other interest in real
property.

6-105. Exception for possibilities of reverter and rights of entry
owned by State or political subdivisions.

The provisions of this title shall not apply to conveyances here-
tofore or hereafter made by the State or its political subdivisions
so long as the possibility of reverter or right of entry owned by the
State or its political subdivisions is not transferred.

TITLE VII—MORTGAGES, DEEDS OF TRUST AND
VENDORS LIENS

Subtitle 1Mortgages and Deeds of Trust

7-101. When deed absolute in terms to be considered a mortgage;
assignment of mortgages as security.

(a) Every deed conveying property which by any other instru-
ment in writing shall appear to have been intended only as security for


 

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Session Laws, 1972
Volume 708, Page 1035   View pdf image
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