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Session Laws, 1974
Volume 713, Page 462   View pdf image
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462                                          LAWS OF MARYLAND                          [Ch. 12

CLAIMS, OR UNDER THE ORIGINAL DEED OR WILL BY WHICH THE
PARTICULAR, LIMITED, OR CONDITIONAL ESTATE, WITH
REMAINDERS OR EXECUTORY DEVISES, IS CREATED. ANY
MORTGAGE EXECUTED PURSUANT TO THE DECREE BINDS THE
PROPERTY SO MORTGAGED OF EVERY PERSON, WHETHER IN BEING
OR NOT.

REVISOR'S NOTE: This section presently appears as
Art. 21, §14-110 of the Code. It is divided
for organizational purposes. The only other
changes are in style.

14-111. BOUNDARY LINES.

IF THERE IS A DISPUTE OVER ANY BOUNDARY LINE OR IF
THE BOUNDS MENTIONED IN A DOCUMENT ARE LOST, ON PETITION
OF ANY PARTY IN INTEREST, THE CIRCUIT COURT OF THE COUNTY
WHERE THE PROPERTY LIES MAY ESTABLISH THE BOUNDARY LINES
OR THE LOCATION OF THE MISSING BOUNDS. THE COURT MAY
APPOINT ENGINEERS, SURVEYORS, OR OTHER EXPERTS TO ASSIST
THE COURT IN ITS DETERMINATION, AND THE FEES OF THE
EXPERTS ARE COSTS IN THE PROCEEDING.

REVISOR'S NOTE: This section presently appears as
Art. 21, §14-111 of the Code. The only
changes are in style.

14-112. POWER OF PERSON TAKING TITLE TO PROPERTY IN
REPRESENTATIVE OR [[FICUCIARY]] FIDUCIARY CAPACITY.

(1)   IN THIS SECTION "TRUSTEE" INCLUDES ANY
ESCROWEE, AGENT, ATTORNEY, REPRESENTATIVE, OR FIDUCIARY.

(2)   IF ANY PERSON HOLDS OR TAKES TITLE TO
PROPERTY IN THE CAPACITY OF TRUSTEE AND THE BENEFICIARY
IS NOT DESIGNATED IN THE INSTRUMENT BY WHICH THE TRUSTEE
TAKES TITLE OR IN ANOTHER INSTRUMENT SIGNED BY THE
GRANTOR AND PREVIOUSLY RECORDED, THEN THE TRUSTEE AND HIS
PERSONAL REPRESENTATIVE HAVE THE POWER TO GRANT,
ENCUMBER, OR OTHERWISE DISPOSE OF THE PROPERTY, EXCEPT TO
THE EXTENT THE POWER IS LIMITED BY THE TERM OF THE GRANT
TO THE TRUSTEE OR IN ANOTHER INSTRUMENT SIGNED BY HIS
GRANTOR AND PREVIOUSLY RECORDED, UNLESS [[PRIOR TO
DISPOSITION BY THE TRUSTEE]] AN INSTRUMENT SIGNED BY THE
TRUSTEE WHICH DESIGNATES THE BENEFICIARY [[PREVIOUSLY]]
IS RECORDED PRIOR TO DISPOSITION BY THE TRUSTEE.

REVISOR'S NOTE: This section is new language derived
from Art. 21, §14-112 of the Code. Clarifying
language is proposed for addition at the
suggestion of the Code Revision Committee. See
Revisor's Note to §2—116 for an explanation of
the changes made.

 

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Session Laws, 1974
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