Ownership, Estates, Liens, Encumbrances, and Title Transfer
Estates and forms of ownership
Fee simple absolute is the fullest estate; a life estate ends at death or at the death of the measuring life. Co-ownership in Maryland commonly takes three forms: tenancy in common (no survivorship, freely devisable), joint tenancy (survivorship), and tenancy by the entirety, available to married couples and severed by divorce.
Deeds and recording
General warranty, special warranty, bargain and sale, and quitclaim deeds differ in the covenants the grantor makes; a quitclaim carries none. A deed must be acknowledged before a notary and recorded among the land records of the circuit court for the county where the property sits. Priority generally follows recording order.
Liens and encumbrances
- Mortgages and deeds of trust, judgment liens, tax liens and mechanics' liens.
- A Maryland mechanics' lien claimant must petition to establish the lien within 180 days after the debt becomes due.
- Easements, covenants and restrictions, encroachments and ground rents encumber without transferring ownership.
- Ground rent is a Maryland institution: a renewable leasehold rent that must be registered with the State Department of Assessments and Taxation and may be redeemed by the leaseholder.
Worked example
A contractor finishes a kitchen in March and is not paid. He waits two years, then records a lien claim. Analysis: the 180-day window has expired, so the lien right is lost, leaving only a contract action that may itself be time-barred.
Traps that cost marks
Confusing joint tenancy with tenancy in common; assuming a quitclaim is worthless or, conversely, that it warrants title; forgetting acknowledgment or recording; overlooking ground rent on a Baltimore property.