MARVIN MANDEL, Governor                                   265

IMPROVEMENT OR APPURTENANCE THERETO.

(C)   EASEMENT IN GROSS.

IF THE RESTRICTION IS WOT GRANTED FOR THE BENEFIT OF
ANY DOMINANT TRACT OF LAND, IT IS ENFORCEABLE WITH
RESPECT TO THE SERVIENT LAND, BOTH AT LAW AND IN EQUITY,
AS AN EASEMENT IN GROSS, AND AS SUCH IT IS INHERITABLE
AND ASSIGNABLE.

(D)   EXTINCTION AND RELEASE.

A RESTRICTION PROVIDED FOR BY THIS SECTION MAY BE
EXTINGUISHED OR RELEASED, IN WHOLE OR IN PART, IN THE
SAME MANNER AS OTHER EASEMENTS.

(E} GRANT TO MARYLAND HISTORICAL TRUST OR MARYLAND
ENVIRONMENTAL TRUST.

IF ANY GRANT, RESERVATION, DEDICATION, DEVISE, 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, LEGATEE, OR BENEFICIARY TO RECEIVE THE SAME OR
SPECIFIES A GRANTEE, DONEE, LEGATEE, OR BENEFICIARY WHO
IS NOT LEGALLY CAPABLE OF TAKING THE INTEREST OR ESTATE,
IT PASSES TO THE MARYLAND HISTORICAL TRUST OR THE
MARYLAND ENVIRONMENTAL TRUST IN ANY PROCEEDINGS UNDER §§
14-301 AND 14-302 OF THE ESTATES AND TRUSTS ARTICLE OF
THE CODE.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-118 of the Code. In subsection
(e) a cross-reference is made to the Estates
and Trusts Article since the indicated
sections of Art. 16 are incorporated here.
The only other changes are in style.

GENERAL REVISOR'S NOTES:

The Commission to Revise the Annotated. Code, in
compiling Title 2 of the Real Property Article, concluded
that certain provisions of present law originally
allocated to Title 1 are repetitious, obsolete, or more
properly allocable elsewhere. Accordingly, these
provisions are not embodied in Title 2. Their proposed
treatment is as follows:

Section in Art. 21:

§2-104(b), (c), (e)

Treatment: Comment:

Transferred to Inapplicable to
Art. 39C                         real property