Legal Question in Real Estate Law in Maryland

Acquiring Real Estate in Fee Simple - Baltimore County, Maryland

Hi! Would you provide me detailed information on how to acquire property in fee simple? Procedures, requirements, and prerequisites, etc.... I own the house in Baltimore County, Maryland, and the property owner, a non existent holding company, has not been located since 1983. Any information you can provide is greatly appreciated.


Asked on 10/21/97, 1:28 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Ground lease to fee simple in MD

Apparently you own a ground lease to theproperty, with someone else holding the fee ownership. This is rare in many parts of the country, but is relatively common in the Baltimore area.

There are two basic ways to obtain fee simpletitle from the record owner or its successors.First, if there is no demand for or payment ofthe ground rent for 20 years, you obtain the fee simple title as if by adverse possession.Given that it looks like at least 14 years have passed and the landlord may no longerexist as a corporate entity, it may well beyour best bet to wait the six more years (plusa little longer for good measure) and then file a quiet title action to confirm your fee ownership.

Alternatively, depending on when the lease wasexecuted, you may have the statutory right to purchase the reversionary interest (and thus the fee simple title) at a prescribed multipleof the annual rent.

You should definitely see a lawyer admitted topractice in MD (as I am) regarding this matter,as the ability to redeem the reversion is often a complicated matter.

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Answered on 10/21/97, 9:15 pm


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