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Martin O'Malley, Governor Ch. 286
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(2) IMPROVED OR TO BE IMPROVED BY ANY APARTMENT,
CONDOMINIUM, COOPERATIVE, OR OTHER BUILDING FOR MULTIFAMILY USE OF
GREATER THAN FOUR DWELLING UNITS; OR
(3) LEASED FOR DWELLINGS OR MOBILE HOMES THAT ARE
ERECTED OR PLACED IN A MOBILE HOME DEVELOPMENT OR MOBILE HOME PARK.
(B) On or after January 22, 2007, the owner of a fee simple or leasehold estate
in residential property that is OR WAS used, intended to be used, or authorized to be
used for four or fewer dwelling units may not create a reversionary interest in the
property under a ground lease or a ground sublease for a term of years renewable
forever subject to the payment of a periodic ground rent.
14-108.1.
(a) This section does not apply to:
(1) A grantee action under § 14-109 of this subtitle; [or]
(2) A landlord-tenant action that is within the exclusive original
jurisdiction of the District Court; OR
(3) AN ACTION FOR NONPAYMENT OF GROUND RENT UNDER A
GROUND LEASE ON RESIDENTIAL PROPERTY THAT IS OR WAS USED, INTENDED
TO BE USED, OR AUTHORIZED TO BE USED FOR FOUR OF FEWER DWELLING
UNITS.
(b) (1) A person who is not in possession of property and claims title and
right to possession may bring an action for possession against the person in possession
of the property.
(2) Encumbrance of property by a mortgage or deed of trust to secure a
debt does not prevent an action under this section by the owner of the property.
(c) When personal jurisdiction is not obtained over the defendant, the
plaintiff may obtain a default judgment under the Maryland Rules only on proof of
title and right to possession. The judgment shall be in rem for possession of the
property. Entry and enforcement of the judgment does not bar further pursuit, in the
same or another action, of the plaintiffs claim for mesne profits and damages.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2007.
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Approved by the Governor, May 8, 2007.
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