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Session Laws, 1974
Volume 713, Page 266   View pdf image
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266                                          LAWS OF MARYLAND                          [Ch. 12

TITLE 3. RECORDATION.

SUBTITLE 1. GENERAL RULES AND EXCEPTIONS.

3-101. DEEDS REQUIRED TO BE EXECUTED AND RECORDED;
EXCEPTIONS; MEMORANDUM OF LEASE.

(A)        GENERAL RULE.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO
ESTATE OF INHERITANCE OR FREEHOLD, DECLARATION OR
LIMITATION OF USE, ESTATE ABOVE SEVEN YEARS, OR DEED MAY
PASS OR TAKE EFFECT UNLESS THE DEED GRANTING IT IS
EXECUTED AND RECORDED.

(B)   OTHER METHODS OF TRANSFERRING EFFECTIVE.

SUBSECTION (A) DOES NOT LIMIT ANY OTHER METHOD OF
TRANSFERRING OR CREATING AN ESTATE, DECLARATION, OR
LIMITATION WHICH IS PERMITTED BY THE LAW OF THE STATE
EXCEPT TO THE EXTENT REQUIRED BY LAW.

(C)   CERTAIN LEASES FOR LESS THAN SEVEN YEARS.

THE RECORDING REQUIREMENT OF SUBSECTION (A) DOES NOT
APPLY TO ANY LEASE FOR AN INITIAL TERM NOT EXCEEDING
SEVEN YEARS IF EACH RENEWAL TERM UNDER THE LEASE (i) IS
FOR SEVEN YEARS OR LESS, AMD (ii) BY THE PROVISIONS OF
THE LEASE, MAY BE EFFECTED OR PREVENTED BY A PARTY TO THE
LEASE OR HIS ASSIGNS.

(D)    UNRECORDED LEASE EFFECTIVE AGAINST THIRD
PARTIES.

IF A LEASE REQUIRED TO BE EXECUTED AND RECORDED
UNDER THE PROVISIONS OF SUBSECTION (A) IS EXECUTED BUT
NOT RECORDED, THE LEASE IS VALID AND FOLLY EFFECTIVE BOTH
AT LAW AND IN EQUITY (i) BETWEEN THE ORIGINAL PARTIES TO
THE LEASE AND THEIR PERSONAL REPRESENTATIVES, (ii)
AGAINST THEIR CREDITORS, AND (iii) AGAINST AND FOR THE
BENEFIT OF ANY OTHER PERSON WHO CLAIMS BY, THROUGH, OR
UNDER AN ORIGINAL PARTY AND WHO ACQUIRES THE INTEREST
CLAIMED WITH ACTUAL NOTICE OF THE LEASE OR AT A TIME WHEN
THE TENANT, OR ANYONE CLAIMING BY, THROUGH, OR UNDER THE
TENANT, IS IN SUCH ACTUAL OCCUPANCY AS TO GIVE REASONABLE
NOTICE TO THE PERSON.

(E)   MEMORANDUM OF LEASE.

IN LIEU OF RECORDING A LEASE AS PRESCRIBED ABOVE, A
MEMORANDUM OF THE LEASE, EXECUTED BY EVERY PERSON WHO IS
A PARTY TO THE LEASE, MAY BE RECORDED WITH LIKE EFFECT.
A MEMORANDUM OF LEASE THUS ENTITLED TO BE RECORDED SHALL
CONTAIN AT LEAST THE FOLLOWING INFORMATION WITH RESPECT

 

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Session Laws, 1974
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