(a)(1) In this section the following words have the meanings indicated.
(2) “Irredeemable ground rent” means a ground rent created under a ground lease executed before April 9, 1884, that does not contain a provision allowing the leasehold tenant to redeem the ground rent.
(3) “Redeemable ground rent” means a ground rent that may be redeemed in accordance with this section or redeemed or extinguished in accordance with § 8-804(f) of this subtitle.
Conversion of irredeemable ground rents to redeemable ground rents
(b)(1) An irredeemable ground rent shall be converted to, and become, a redeemable ground rent, unless within the times specified in subsection (e) of this section, a notice of intention to preserve irredeemability is recorded among the land records of the county where the property is located and filed with the Department.
(2) The conversion of an irredeemable ground rent to a redeemable ground rent occurs on the day following the end of the period in which the notice may be recorded among the land records of the county where the property is located or filed with the Department.
(3) A disability or lack of knowledge of any kind does not prevent the conversion of an irredeemable ground rent to a redeemable ground rent if no notice of intention to preserve irredeemability is filed within the times specified in subsection (e) of this section.
Notice of intention to preserve irredeemable ground rent
(c)(1) Any ground lease holder of an irredeemable ground rent may record a notice of intention to preserve irredeemability among the land records of the county where the land is located.
(2) The notice may be recorded by:
(i) The person claiming to be the ground lease holder; or
(ii) If the ground lease holder is under a disability or otherwise unable to assert a claim on the ground lease holder's own behalf, any other person acting on the ground lease holder's behalf.
Deadline for notice of intention to preserve irredeemable ground rents
(d)(1) To be effective and to be entitled to be recorded, the notice shall be executed by the ground lease holder, acknowledged before a notary public, and contain substantially the following information:
(i) An accurate description of the leasehold interest affected by the notice, including, if known, the property improvement address;
(ii) The name of every ground lease holder of an irredeemable ground rent;
(iii) The name of every leasehold tenant as of the time the notice is filed according to the land records or the records of the Department;
(iv) The recording reference of the ground lease;
(v) The recording reference of every leasehold tenant's leasehold deed, as of the time the notice is filed, according to the land records or the records of the Department;
(vi) The recording reference of every irredeemable ground rent ground lease holder's deed; and
(vii) The block number for the leasehold interest if the property is located in Baltimore City.
(2)(i) A notice that substantially meets the requirements of this section shall be accepted for recording among the land records on payment of the same fees as are charged for the recording of deeds.
(ii) The filing of a notice is exempt from the imposition of a State or local excise tax.
(3) The notice shall be indexed as “Notice of Intention to Preserve Irredeemability”:
(i) In the grantee indices of deeds under the name of every ground lease holder of an irredeemable ground rent;
(ii) In the grantor indices of deeds under the name of every leasehold tenant as of the time the notice is filed according to the land records or the records of the Department; and
(iii) In the block index in Baltimore City.
Deadline for notice of intention to preserve irredeemable ground rents
(e)(1) To preserve the irredeemability of an irredeemable ground rent, a notice of intention to preserve shall be recorded on or before December 31, 2010.
(2) If a notice of intention to preserve is not recorded on or before December 31, 2010, the ground rent becomes a redeemable ground rent.
(3) If a notice is recorded on or before December 31, 2010, the ground rent shall remain irredeemable for a period of 10 years from January 1, 2011, to December 31, 2020, both inclusive.
(4)(i) The effectiveness of a filed notice to preserve irredeemability shall lapse on January 1, 2021, and the ground rent shall become a redeemable ground rent, unless:
1. A renewal notice containing substantially the same information as the notice of intention to preserve irredeemability is recorded within 6 months before the expiration of the 10-year period set forth in paragraph (3) of this subsection; and
2. The renewal notice is filed with the Department on or before April 1, 2023.
(ii) The effectiveness of any subsequently filed renewal notice shall lapse after the expiration of the applicable 10-year period and the ground rent shall become a redeemable ground rent, unless:
1. Further renewal notices are recorded within 6 months before the expiration of the applicable 10-year period; and
2. Each renewal notice is filed with the Department within 3 months after the date of recordation in the land records.
Ground rents made redeemable
(f) A ground rent made redeemable in accordance with this section:
(1) Is redeemable at any time following the date of conversion of the irredeemable ground rent to a redeemable ground rent; and
(2) Shall be redeemable for a sum equal to the annual rent reserved multiplied by 16.66, which is capitalization at 6 percent.
Credits
Added as Real Property § 8-110.1 by Acts 2007, c. 287, § 1, eff. Oct. 1, 2007. Amended by Acts 2010, c. 72, § 1, eff. April 13, 2010. Renumbered as Real Property § 8-805 and amended by Acts 2015, c. 428, § 2, eff. July 1, 2015. Amended by Acts 2022, c. 326, § 1, eff. Oct. 1, 2022; Acts 2023, c. 184, § 2, eff. Oct. 1, 2023; Acts 2023, c. 185, § 2, eff. Oct. 1, 2023.
MD Code, Real Property, § 8-805, MD REAL PROP § 8-805
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
