Chapter 02. Registration
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Current ground rent deed of record” has the meaning stated in Real Property Article, §8-701(b), Annotated Code of Maryland.
(2)
“Department” has the meaning stated in Real Property Article, §8-701(c), Annotated Code of Maryland.
(3)
“Ground lease” has the meaning stated in Real Property Article, §8-701(d), Annotated Code of Maryland.
(4)
“Ground lease holder” has the meaning stated in Real Property Article, §8-701(e), Annotated Code of Maryland.
(5)
“Register” means to submit to the Department, for each ground rent:
(a)
The Department's completed registration form; and
(b)
Any appropriate registration fee.
(6)
Submit.
(a)
“Submit” means to cause the Department to receive only by:
(i)
Hand delivery;
(ii)
Regular mail postmarked with a date on or before the time allowed for the action; or
(iii)
Specific electronic means approved by the Department.
(b)
“Submit” does not mean delivery by:
(i)
Facsimile; or
(ii)
Any means other than those set forth above in §B(6)(a) of this regulation.
(7)
“Substantially completed registration form” means one that:
(a)
Has a response for each question;
(b)
Is legible; and
(c)
Is sufficiently accurate to allow the Department to reasonably identify the property for which the ground lease was created.
Regulation .02 Registration Deadline.LinkCopy Citation
As provided in Real Property Article, §8-707(a), Annotated Code of Maryland, and subject to Real Property Article, §8-707(b), Annotated Code of Maryland, a ground lease holder shall register a ground lease with the Department before September 30, 2010.
Regulation .03 Duties and Responsibilities.LinkCopy Citation
A.
The Department's duties and responsibilities respecting the registration of ground rents are ministerial. In registering a ground rent or refusing to register a ground rent pursuant to this chapter, the Department does not:
(1)
Determine that a ground rent does or does not exist;
(2)
Determine that a lot does or does not exist;
(3)
Determine that information contained in a registration form is correct or incorrect, in whole or in part; or
(4)
Create a presumption that the information contained in a registration form is correct or incorrect, in whole or in part.
B.
The responsibility for the legal effectiveness of a ground rent registration rests with the ground lease holder. The Department bears no responsibility for effectiveness.
C.
The Department and its employees and agents are immune from any liability resulting from inaccurate, incomplete, or illegible information submitted in a ground rent registration form.
Regulation .04 Substantially Completed Registration Forms.LinkCopy Citation
The Department may register a ground lease for which a substantially completed registration form has been submitted.
Regulation .05 Inconsistent or Incomplete Information.LinkCopy Citation
If any information requested on a registration form has not been provided or if, for any other reason, the Department is unable to register a ground lease for which a registration form and appropriate fee has been submitted:
A.
The Department shall notify the ground lease holder of that ground lease, within 30 days of processing the registration form, of any information needed by the Department to complete the registration; and
B.
The ground lease holder shall have up to 30 days from the date on the Department's notice to submit the needed information before the ground lease is considered not registered under Real Property Article, §8-707, Annotated Code of Maryland.
Regulation .06 Consolidated or Subdivided Lots.LinkCopy Citation
When a ground rent is attempted to be registered for a tax identification number that no longer exists due to consolidation or subdivision of the associated lot, the Department will register the ground rent using the currently existing tax identification number that most closely identifies the consolidated or subdivided lot.
Chapter annotations
Authority: Real Property Article, §8-710; Tax-Property Article, §2-201; Annotated Code of Maryland
History: Effective date: September 20, 2010 (37:19 Md. R. 1285)
History: Regulation .01B amended effective December 6, 2018 (45:24 Md. R. 1163)
History: Regulation .05 amended effective December 6, 2018 (45:24 Md. R. 1163)