Home Table of Contents

§ 14-108.1. Actions for possession of property

West's Annotated Code of MarylandReal PropertyEffective: March 14, 2016

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 14. Miscellaneous Rules (Refs & Annos)
Subtitle 1. Miscellaneous Rules
Effective: March 14, 2016
MD Code, Real Property, § 14-108.1
§ 14-108.1. Actions for possession of property
Currentness
Application of section
(a) This section does not apply to:
(1) A grantee action under § 14-109 of this subtitle;
(2) A landlord-tenant action that is within the exclusive original jurisdiction of the District Court;
(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 or fewer dwelling units; or
(4) An action for wrongful detainer under § 14-132 of this subtitle.
Actions for possession
(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.
Default judgments
(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 plaintiff's claim for mesne profits and damages.

Credits

Added by Acts 1987, c. 633, § 1, eff. July 1, 1987. Amended by Acts 2007, c. 286, § 2, eff. July 1, 2007; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2010, c. 72, § 5, eff. April 13, 2010; Acts 2010, c. 558, § 1, eff. Oct. 1, 2010; Acts 2010, c. 559, § 1, eff. Oct. 1, 2010; Acts 2015, c. 428, § 2, eff. July 1, 2015; Acts 2016, c. 9, § 1, eff. March 14, 2016.
MD Code, Real Property, § 14-108.1, MD REAL PROP § 14-108.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document