ground rent lease

An expression familiar in Maryland but anomalous in some other jurisdictions. The chief characteristics of the Maryland ground rent leases are (1) the owner of the land in fee leases it to the named lessee for the period of ninety-nine years, (2) with covenant for renewal from time to time forever, upon payment of a small renewal fine (3) upon the condition, however, of the payment of a certain sum of money (usually payable semi-annually) and (4) upon the further condition that if the payment of the rent is in default for a stipulated time the lessor may reenter and avoid the lease. The grantee also covenants to pay all taxes upon the whole property; and under the present (1941) taxing system the taxes are assessed to the lessee. Jones v Magruder (DC Md) 42 F Supp 193. The typical Pennsylvania ground rent is not created by a lease but results from a conveyance by the absolute owner of the land to the grantee in fee, subject to the payment of rent. The difference between the Maryland and Pennsylvania ground rent systems is said to be attributable to the somewhat different provisions of the respective royal charters to Cecelius Calvert and William Penn for the proprietary provinces of Maryland and Pennsylvania, with respect to the application of the Statute of Quia Emptores. Jones v Magruder (DC Md) 42 F Supp 193.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • ground rent — n 1: the rent paid by a lessee for the use of land esp. for building 2: a rent charge reserved to himself or herself or his or her heirs by the grantor of land in fee simple, on perpetual lease, or on lease for a renewable term of years ◇ Ground… …   Law dictionary

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  • ground rent — Rent paid to owner of land for use of property; normally to construct building on such. Generally, rent is paid for a long term lease (e.g. 99 year lease) with lessor retaining title to land. Such longterm lease is commonly renewable. Office… …   Black's law dictionary

  • ground rent — noun Rent paid for the land, usually for a long term lease or in perpetuity, where the land owner and the owner of improvements are different; the improvements are effectively security for the payment of the rent …   Wiktionary

  • ground rent — noun Brit. rent paid under the terms of a lease by the owner of a building to the owner of the land on which it is built …   English new terms dictionary

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  • ground lease — A lease of vacant land, or land exclusive of any buildings on it, or unimproved real property. Usually a net lease. See also ground rent lease …   Black's law dictionary

  • lease — Any agreement which gives rise to relationship of landlord and tenant (real property) or lessor and lessee (real or personal property). Smith v. Royal Ins. Co., C.C.A.Cal., Ill F.2d 667, 671. A contract for exclusive possession of lands,… …   Black's law dictionary

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