Md. Code, Real Property, Title 2

in effect

Md. Code, Real Property § 2-101

The word “grant”, the phrase “bargain and sell”, in a deed, or any other words purporting to transfer the whole estate of the grantor, passes to the grantee the whole interest and estate of the grantor in the land mentioned in the deed unless a limitation or reservation shows, by implication or otherwise, a different intent.

Md. Code, Real Property § 2-102

Any person seized of an estate tail, in possession, reversion, or remainder, in any land, tenement, or hereditament may grant and sell it in the form of a grant as if he were seized of an estate in fee simple and the grant is good and available, to all intents and purposes, against every person whom the grantor might debar by any mode of common recovery, or by any other means.

Md. Code, Real Property § 2-103

Every valid assignment of a mortgage is sufficient to grant to the assignee every right which the assignor possessed under the mortgage at the time of the assignment.

Md. Code, Real Property § 2-104

If the words “the said ... covenants” are used in a deed, the words are presumed to have the same effect as if the covenant were expressed to be by the covenantor for himself and as if made with the grantee in the deed.

Md. Code, Real Property § 2-105

A covenant by the grantor in a deed “that he will warrant generally the property hereby granted” has the same effect as if the grantor had covenanted that he will warrant forever the property to the grantee against every lawful claim and demand of any person.

Md. Code, Real Property § 2-106

A covenant by a grantor in a deed “that he will warrant specially the property hereby granted” has the same effect as if the grantor had covenanted that he will warrant forever and defend the property to the grantee against any lawful claim and demand of the grantor and every person claiming or to claim by, through, or under him.

Md. Code, Real Property § 2-107

A covenant by the grantor in a deed “that he is seized of the land hereby granted” has the same effect as if the grantor had covenanted that the grantor, at the time of the execution and delivery of the deed, is and stands lawfully seized of the land.

Md. Code, Real Property § 2-108

A covenant by the grantor in a deed “that he has the right to grant the land” has the same effect as if the grantor had covenanted that he has good right, full power, and absolute authority to grant the land to the grantee in the deed, in the manner in which the land is granted, or intended to be, by the deed, according to its true intent.

Md. Code, Real Property § 2-109

A covenant by the grantor in a deed that the grantee “shall quietly enjoy the land” has the same effect as if he had covenanted that the grantee at any time thereafter might peaceably and quietly enter on, and have, hold, and enjoy the land granted by the deed, or intended to be granted, with all the rights, privileges, and appurtenances belonging to it, and to receive the rents and profits for his use and benefit, without any eviction, interruption, suit, claim, or demand by the grantor and free from any claim or demand by any other person.

Md. Code, Real Property § 2-110

A covenant by the grantor in a deed “that he has done no act to encumber the land” has the same effect as if he had covenanted that he had not done, executed, or knowingly suffered any act or deed whereby the land granted, or intended to be, or any part of it, is or will be charged, affected, or encumbered in title, estate, or otherwise.

Md. Code, Real Property § 2-111

A covenant by the grantor in a deed, “that the land is free and clear of all encumbrances” has the same effect as if he had covenanted that neither he nor his predecessors in his chain of title had done, executed, or knowingly suffered any act or deed whereby the land granted, or intended to be granted, or any part of it, are or will be charged, affected, or encumbered in title, estate, or otherwise.

Md. Code, Real Property § 2-112

A covenant by a grantor in a deed “that he will execute further assurances of the land as may be requisite” has the same effect as if the grantor had covenanted that he at any time on any reasonable request, at the expense of the grantee, will do any further act and execute any further instrument to perfect the grant and assure to the grantee the lands granted, or intended to be granted, as shall be reasonably required by the grantee or his attorney.

Md. Code, Real Property § 2-113

Unless a contrary intent is expressly indicated in the deed, the words “die without issue”, or “die without leaving issue”, or other words in a deed which may imply either a lack or a failure of issue of a person in his lifetime, or at the time of his death, or an indefinite failure of his issue, mean a lack or a failure of issue in the lifetime, or at the time of the death of the person, and not an indefinite failure of his issue.

Md. Code, Real Property § 2-114

(a) Except as otherwise provided, any deed, will, or other instrument that grants land binding on any street or highway, or that includes any street or highway as 1 or more of the lines thereof, shall be construed to pass to the devisee, donee, or grantee all the right, title, and interest of the devisor, donor, or grantor (hereinafter referred to as the transferor) in the street or highway for that portion on which it binds. (b) If the transferor owns other land on the opposite side of the street or highway, the deed, will, or other instrument shall be construed to pass the right, title, and interest of the transferor only to the center of that portion of the street or highway upon which the 2 or more tracts coextensively bind. (c) The provisions of subsections (a) and (b) of this section do not apply if the transferor in express terms in the writing by which the devise, gift, or grant is made, either reserves to the transferor or grants to the transferee all the right, title, and interest to the street or highway.

Md. Code, Real Property § 2-115

There is no implied covenant or warranty by the grantor as to title or possession in any grant of land or of any interest or estate in land. However, in a lease, unless the lease provides otherwise, there is an implied covenant by the lessor that the lessee shall quietly enjoy the land.

Md. Code, Real Property § 2-116

(a) If a grant, deed, covenant, or bequest of any land or personal property is to a trustee whose title is nominal only and who has no express power of disposition or management of the property, and is to be held for a beneficiary expressly designated in it, the grant, deed, covenant, or bequest is void as to the trustee, and is a direct grant, deed, covenant, or bequest to the beneficiary. (b) If a trust is created by grant, deed, covenant, or bequest of any land or personal property in which the trustee has duties other than nominal to perform at the inception of or during the term of the trust, but later because of the death of a life tenant or other occurrence the trust terminates or there remains only nominal duties to perform, the legal estate in the corpus of the trust then vests in the beneficiaries of the trust, even though the instrument creating the trust specifically requires a grant of the legal estate, unless the trustee is required to make partition or division by the terms of the creating instrument. (c) This section is not applicable to any deed of trust given as security for the payment of a debt or the performance of an obligation. (d) Notwithstanding the repeal of the British Statute of Uses, executory interests and powers of appointment are valid in the State, subject to the rule against perpetuities as modified by §§ 11–102 and 11–102.1 of the Estates and Trusts Article.

Md. Code, Real Property § 2-117

No deed, will, or other written instrument which affects land or personal property, creates an estate in joint tenancy, unless the deed, will, or other written instrument expressly provides that the property granted is to be held in joint tenancy.

Md. Code, Real Property § 2-118

(a) Any restriction prohibiting or limiting the use of water or land areas, or any improvement or appurtenance thereto, for any of the purposes listed in subsection (b) of this section whether drafted in the form of an easement, covenant, restriction, or condition, creates an incorporeal property interest in the water or land areas, or the improvement or appurtenance thereto, so restricted, which is enforceable in both law and equity in the same manner as an easement or servitude with respect to the water or land areas, or the improvement or appurtenance thereto, if the restriction is executed in compliance with the requirements of this article for the execution of deeds or the Estates and Trusts Article for the execution of wills. (b) A restriction as provided in subsection (a) of this section may be for any of the following purposes: (1) Construction, placement, preservation, maintenance in a particular condition, alteration, removal, or decoration of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; (2) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or other materials; (3) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in a manner as to affect the surface or otherwise alter the topography of the area; (4) Removal or destruction of trees, shrubs, or other vegetation; (5) Surface use except for purposes of preserving the water or land areas, or the improvement or appurtenance thereto; (6) Activities affecting drainage, flood control, water conservation, erosion control, soil conservation, or fish or wildlife habitat preservation; (7) Preservation of exposure of solar energy devices; or (8) Other acts or uses having any relation to the preservation of water or land areas or the improvement or appurtenance thereto. (c) If the restriction is not granted for the benefit of any dominant tract of land, it is enforceable with respect to the servient land, both at law and in equity, as an easement in gross, and as such it is inheritable and assignable. (d) A restriction provided for by this section may be extinguished or released, in whole or in part, in the same manner as other easements. (e) If any grant, reservation, dedication, devise, or gift of any nature which clearly indicates the maker’s intention to subject any interest or estate in property to public use for the preservation of agricultural, historic, or environmental qualities fails to specify a grantee, donee, legatee, or beneficiary to receive the same or specifies a grantee, donee, legatee, or beneficiary who is not legally capable of taking the interest or estate, it passes to the Maryland Agricultural Land Preservation Foundation, the Maryland Historical Trust, or the Maryland Environmental Trust in any proceedings under §§ 14–301 and 14–302 of the Estates and Trusts Article. (f) (1) If an easement, covenant, restriction, or condition has been granted, devised, dedicated, reserved, or donated to the Maryland Agricultural Land Preservation Foundation, the Maryland Historical Trust, the Maryland Environmental Trust, another land trust as defined in § 3–2A–01 of the Natural Resources Article, a county, or the Department of Natural Resources, a notice of the easement, covenant, restriction, or condition may be recorded in the land records of the county in which the property interest is located. (2) A notice recorded under paragraph (1) of this subsection must: (i) State the name and current address of the current holder of the easement, covenant, restriction, or condition; (ii) Contain a statement that the easement, covenant, restriction, or condition is still in effect as of the date of the notice; (iii) Contain the recording information for the original easement, covenant, restriction, or condition and the recording information for any associated amendment or corrective document; and (iv) State the name of the fee simple owner of the land encumbered by the original easement, covenant, restriction, or condition as of the date of the notice. (3) A notice recorded under paragraph (1) of this subsection shall be indexed among the land records under the name of: (i) The holder of the easement, covenant, restriction, or condition; and (ii) The fee simple owner specified in the notice. (4) Failure to record a notice in accordance with the requirements of this subsection does not impair the rights or interests of the holders of the easement, covenant, restriction, or condition.

Md. Code, Real Property § 2-119

(a) (1) In this section the following words have the meanings indicated. (2) “Restriction on use” includes any covenant, restriction, or condition contained in: (i) A deed; (ii) A declaration; (iii) A contract; (iv) The bylaws or rules of a condominium or homeowners association; (v) A security instrument; or (vi) Any other instrument affecting: 1. The transfer or sale of real property; or 2. Any other interest in real property. (3) “Solar collector system” means a solar collector or other solar energy device, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. (4) “Solar easement” means an interest in land that: (i) Is conveyed or assigned in perpetuity; and (ii) Limits the use of the land to preserve the receipt of sunlight across the land for the use of a property owner’s solar collector system. (b) (1) A restriction on use regarding land use may not impose or act to impose unreasonable limitations on the installation of a solar collector system on the roof or exterior walls of improvements, provided that the property owner owns or has the right to exclusive use of the roof or exterior walls. (2) For purposes of paragraph (1) of this subsection, a restriction on use is unreasonable if application of the restriction on use to a particular proposal: (i) Increases the installation cost of the solar collector system by at least 5% over the projected cost of the initially proposed installation; or (ii) Reduces the energy generated by the solar collector system by at least 10% below the projected energy generation of the initially proposed installation. (3) (i) The owner shall provide documentation that is satisfactory to the community association to show that the restriction is unreasonable under paragraph (2) of this subsection. (ii) The documentation required under subparagraph (i) of this paragraph shall be prepared by an independent solar panel design specialist who: 1. Is certified by the North American Board of Certified Energy Practitioners; or 2. Has attested by affidavit to designing at least 30 solar collector systems in the course of trade within the prior 3 years. (4) (i) A community association may prohibit or restrict the installation of a solar collector system in the common area or common elements within the real estate development served by the association. (ii) A community association may establish reasonable restrictions as to the number, size, place, or manner of placement or installation of a solar collector system installed in the common area or common elements. (iii) Notwithstanding the provisions of the governing documents and provided that the installation is not otherwise prohibited by applicable law, the board of directors for a community association shall have discretion to install a solar collector system in the common area or common elements within the real estate development served by the community association. (c) (1) A property owner who has installed or intends to install a solar collector system may negotiate to obtain a solar easement in writing. (2) Any written instrument creating a solar easement shall include: (i) A description of the dimensions of the solar easement expressed in measurable terms, including vertical or horizontal angles measured in degrees or the hours of the day on specified dates when direct sunlight to a specified surface of a solar collector system may not be obstructed; (ii) The restrictions placed on vegetation, structures, and other objects that would impair the passage of sunlight through the solar easement; and (iii) The terms under which the solar easement may be revised or terminated. (3) A written instrument creating a solar easement shall be recorded in the land records of the county where the property is located. (d) This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.

Md. Code, Real Property § 2-120

(a) Under this title, it is not a material fact or a latent defect relating to property offered for sale or lease that: (1) An owner or occupant of the property is, was, or is suspected to be: (i) Infected with human immunodeficiency virus; or (ii) Diagnosed with acquired immunodeficiency syndrome; or (2) A homicide, suicide, accidental death, natural death, or felony occurred on the property. (b) An owner or seller of real property or the owner’s or seller’s agent shall be immune from civil liability or criminal penalty for failure to disclose a fact contained in subsection (a) of this section.

Md. Code, Real Property § 2-121

(a) In this section, “family child care home” means a unit: (1) Registered under Title 9.5, Subtitle 3 of the Education Article; and (2) In which the family child care provider or one or more of the children cared for resides. (b) This section does not apply to a recorded covenant or restriction affecting property that is: (1) Governed by the provisions of Title 11B of this article; (2) Part of a condominium regime governed by Title 11 of this article; or (3) Part of a cooperative housing corporation. (c) (1) A recorded covenant or restriction in a deed that prohibits or restricts commercial or business activity in general, but does not expressly apply to family child care homes, may not be construed to prohibit or restrict the establishment or operation of family child care homes. (2) The operation of a family child care home shall be considered a residential activity for purposes of construing a covenant or restriction described in paragraph (1) of this subsection. (d) The provisions of this section do not apply to: (1) A building containing more than four dwelling units located on one parcel of property or at one location; (2) A covenant or restriction imposed in connection with a loan made or purchased by the Community Development Administration under Title 4, Subtitle 2 of the Housing and Community Development Article; or (3) A lease.

Md. Code, Real Property § 2-122

(a) (1) In this section, “trust” means an express inter vivos or testamentary trust. (2) “Trust” includes the following instruments or funding arrangements in the nature of a trust: (i) A profit sharing plan; (ii) A retirement plan; (iii) A liquidating or liquidation plan; and (iv) An unincorporated foundation. (3) “Trust” does not include: (i) A real estate investment trust as defined in § 8–101 of the Corporations and Associations Article; (ii) A statutory trust as defined in § 12–101 of the Corporations and Associations Article; or (iii) A trust, formed under the law of another state or a foreign country, that authorizes a trust to take, hold, and dispose of title to property in the name of the trust. (b) (1) A grant of property by deed to a grantee designated in the deed as a trust has the same effect as if the grantor had granted the property to the trustee or trustees appointed and acting for the trust on the effective date of the deed. (2) If executed by the trustee or trustees appointed and acting for the trust on the effective date of the deed, a grant of property by deed from a grantor designated in the deed as a trust has the same effect as if the grantee had received the property from the trustee or trustees appointed and acting for the trust on the effective date of the deed. (c) (1) A grant of property by deed to a grantee designated in the deed as an estate of a decedent, including the estate of a nonresident decedent, has the same effect as if the grantor had granted the property to: (i) The personal representative or personal representatives appointed by a register of wills or orphans’ court in the State for the estate and acting as the personal representative on the effective date of the deed; or (ii) A foreign personal representative exercising the powers of the office for the estate of a nonresident decedent on the effective date of the deed. (2) If executed by the person or persons indicated in item (i) or (ii) of this paragraph as applicable, a grant of property by deed from a grantor designated in the deed as an estate of a decedent, including the estate of a nonresident decedent, has the same effect as if the grantee had received the property from: (i) The personal representative or personal representatives appointed by a register of wills or orphans’ court in the State for the estate and acting as the personal representative on the effective date of the deed; or (ii) A foreign personal representative exercising the powers of the office for the estate of a nonresident decedent on the effective date of the deed.

Md. Code, Real Property § 2-123

(a) In this section, “instrument” means a deed, grant, or other written instrument other than a will as defined in § 4-414 of the Estates and Trusts Article. (b) This section does not limit the right of an individual to provide for distribution of property by will. (c) (1) Unless an instrument executed on or after June 1, 1947, clearly indicates otherwise, “child”, “descendant”, “heir”, “issue”, or any equivalent term in the instrument includes an adoptee whether the instrument was executed before or after a court entered an order for adoption. (2) Unless an instrument executed on or before May 31, 1947, clearly indicates otherwise, “child”, “descendant”, “heir”, “issue”, or any equivalent term in the instrument includes an adoptee if, on or after January 1, 1945, a court entered an interlocutory order for adoption or, if none, a final order for adoption.

Md. Code, Real Property § 2-124

(a) (1) In this section the following words have the meanings indicated. (2) “Portable basketball apparatus” means a portable apparatus or device designed for recreational use in conjunction with the game of basketball. (3) “Restriction on use” includes any covenant, restriction, or condition contained in: (i) A deed; (ii) A declaration; (iii) A contract; (iv) The bylaws or rules of a condominium or homeowners association; (v) A security instrument; or (vi) Any other instrument affecting: 1. The transfer or sale of real property; or 2. Any other interest in real property. (b) (1) A restriction on use regarding land use may not impose or act to impose an unreasonable limitation on the location and use of a portable basketball apparatus, provided that the property owner owns or has the right to exclusive use of the area in which placement and use of the portable basketball apparatus is to occur. (2) For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that: (i) Significantly increases the cost of using a portable basketball apparatus; or (ii) Significantly decreases the ability to use a portable basketball apparatus as designed and intended. (c) This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.

Md. Code, Real Property § 2-125

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Low–impact landscaping” means landscaping techniques that conserve water, lower maintenance costs, provide pollution prevention, and create habitat for wildlife. (ii) “Low–impact landscaping” includes: 1. Bio–habitat gardens and other features designed to attract wildlife; 2. Pollinator gardens and other features designed to attract pollinator species; 3. Rain gardens and other features that use natural biological principles to return rainwater to the soil and to filter rainwater of excess nutrients; and 4. Xeriscaping and other forms of landscaping or gardening that reduce or eliminate the need for supplemental water from irrigation. (3) “Restriction on use” includes any covenant, restriction, or condition contained in: (i) A deed; (ii) A declaration; (iii) A contract; (iv) The bylaws or rules of a condominium or homeowners association; (v) A security instrument; or (vi) Any other instrument affecting: 1. The transfer or sale of real property; or 2. Any other interest in real property. (b) (1) A restriction on use regarding land use may not impose or act to impose unreasonable limitations on low–impact landscaping, provided that the property owner: (i) Owns or has the right to exclusive use of the property; and (ii) Maintains and regularly tends to the low–impact landscaping. (2) For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that: (i) Significantly increases the cost of low–impact landscaping; (ii) Significantly decreases the efficiency of low–impact landscaping; or (iii) Requires cultivated vegetation to consist in whole or in part of turf grass. (c) Nothing in this section may be construed to prohibit a restriction on use from including reasonable design and aesthetic guidelines regarding the type, number, and location of low–impact landscaping features. (d) This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.

Md. Code, Real Property § 2-126

(a) (1) In this section the following words have the meanings indicated. (2) “Accessory dwelling unit” has the meaning stated in § 4–501 of the Land Use Article. (3) “Restriction on use” includes any covenant, restriction, or condition contained in: (i) A deed; (ii) A declaration; (iii) A contract; (iv) The bylaws or rules of a homeowners association; (v) A security instrument; or (vi) Any other instrument affecting: 1. The transfer or sale of real property; or 2. Any other interest in real property. (b) (1) Except as provided in paragraph (2)(ii) of this subsection, if a property owner has the exclusive right to use the property and abides by all applicable laws and regulations, a restriction on use regarding land use may not impose or act to impose an unreasonable limitation on the ability of the property owner to develop or offer for rent an accessory dwelling unit. (2) For the purpose of paragraph (1) of this subsection, an unreasonable limitation: (i) Includes a limitation that prohibits, either explicitly or by effect of the restrictions, the development of an accessory dwelling unit; and (ii) Does not include a limitation on the short–term rental of an accessory dwelling unit. (c) This section does not apply to a restriction on use on historic property that is listed in or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in the Maryland Register of Historic Properties.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026