MARVIN MANDEL, Governor                               261

IN THE LIFETIME, OR AT THE TIME OF THE DEATH OF THE
PERSON, AND NOT AN INDEFINITE FAILURE OF HIS ISSUE.

REVISOR'S NOTE: This section is new language derived
from §4—410 of the Estates and Trusts Article
and modified to relate to deeds. The present
language of §5—113 is proposed for deletion so
that there can be substantial conformity
between the two sections.

2-114. TITLE TO STREET OR HIGHWAY WHERE LAND BINDING ON
IT IS GRANTED.

UNLESS A CONTRARY INTENTION APPEARS IN THE DEED,
WILL, OR OTHER INSTRUMENT, IF ANY DEED, WILL, OR OTHER
INSTRUMENT GRANTS OR BEQUEATHS LAND BINDING ON ANY STREET
OR HIGHWAY, OR IF ANY STREET OR HIGHWAY IS ONE OR MORE OF
THE LINES OF THE LAND, THE DEED, WILL, OR OTHER
INSTRUMENT PASSES TO THE LEGATEE, DONEE, OR GRANTEE, ALL
THE RIGHT, TITLE, AND INTEREST OF THE TESTATOR, DONOR, OR
GRANTOR IN THE STREET OR HIGHWAY. EXCEPT THAT TO THE
EXTENT THE TESTATOR, DONOR, OR GRANTOR OWNS OTHER LAND ON
THE OPPOSITE SIDE OF THE STREET OR HIGHWAY, THE DEED,
WILL, OR OTHER INSTRUMENT PASSES THE RIGHT, TITLE, AND
INTEREST OF THE TESTATOR, DONOR, OR GRANTOR ONLY TO THE
CENTER OF THAT PORTION OF THE STREET OR HIGHWAY ON WHICH
THE TWO OR MORE TRACTS COEXTENSIVELY BIND.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-114 of the Code. The phrase "in
this State" is proposed for deletion as
superfluous since this section can relate only
to land within the State.

The last sentence is proposed for deletion
because it is superfluous in light of the new
language added to the first sentence.

The only other changes are in style.

2-115. NO IMPLIED COVENANT OR WARRANTY OF TITLE OR
POSSESSION.

THERE IS NO IMPLIED COVENANT OR WARRANTY BY THE
GRANTOR AS TO TITLE OR POSSESSION IN ANY GRANT OF LAND OR
OF ANY INTEREST OR ESTATE IN LAND. HOWEVER, IN A LEASE,
UNLESS THE LEASE PROVIDES OTHERWISE, THERE IS AN IMPLIED
COVENANT BY THE LESSOR THAT THE LESSEE SHALL QUIETLY
ENJOY THE LAND.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-115 of the Code. The phrase "his
personal representative and assigns" is
proposed for deletion as unnecessary in light