Section 2-123 – Adoptees
(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, […]
Section 2-124 – Unreasonable Restrictions on Location of Portable Basketball Apparatus Prohibited — Historic Property
(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 […]
Section 2-125 – Restrictions Imposing Unreasonable Limitations on Low-Impact Landscaping Prohibited — Reasonable Design and Aesthetic Guidelines Allowed — Historic Properties Exempted
(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 […]
Section 2-106 – Effect of Special Warranty
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 […]
Section 2-122 – Grant of Property to Trust Same as Grant to Trustee
(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 § […]
Section 2-107 – Effect of Covenant of Seisin
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.
Section 2-108 – Effect of Covenant of Right to Grant
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 […]
Section 2-109 – Effect of Covenant of Quiet Enjoyment
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 […]
Section 2-110 – Effect of Covenant That Grantor Has Done No Act to Encumber
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 […]
Section 2-111 – Effect of General Covenant Against Encumbrances
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 […]