Knights & Ladies of Samaria v. Board of Education

688 A.2d 933, 113 Md. App. 656, 1997 Md. App. LEXIS 27
CourtCourt of Special Appeals of Maryland
DecidedFebruary 6, 1997
DocketNo. 427
StatusPublished
Cited by5 cases

This text of 688 A.2d 933 (Knights & Ladies of Samaria v. Board of Education) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knights & Ladies of Samaria v. Board of Education, 688 A.2d 933, 113 Md. App. 656, 1997 Md. App. LEXIS 27 (Md. Ct. App. 1997).

Opinion

DAVIS, Judge.

The Knights and Ladies of Samaria (Knights) brought an action in the Circuit Court for Charles County on March 5, 1993, seeking a declaratory judgment that title to a sixteen and three-quarter acre parcel of land in Charles County had reverted to Knights (grantors) in June 1974, upon the closing of a school by the grantee-appellee, the Board of Education of Charles County (Board). After an unsuccessful attempt at mediation and four continuances, the circuit court (G.R. Hovey Johnson, J.) granted summary judgment in favor of the Board as to all claims on March 1, 1995. Knights appeals from the [660]*660grant of summary judgment, presenting questions for our review that we restate as follows:

I. Did the circuit court err when it held that Knights’ possibility of reverter extinguished by the operation of § 6-102 of the Md.Code Ann., Real Prop. (R.P.) (1957,1994 RepLVol.)?
II. Did the circuit court err when it held that Knights’ action was barred by the time limitation of R.P. § 6-103?
III. Is R.P. § 6-102 unconstitutional as applied?
IV. Is R.P. § 6-103 unconstitutional as applied?

Although we answer the first question in the affirmative, and therefore do not reach the third question, our negative responses to the second and fourth questions result in affirmance of the circuit court judgment.

FACTS

In 1921, Joshua Lodge No. 65 Independent Order Good Samaritans and Daughters of Samaria conveyed to the Board, by deed, sixteen and three-quarter acres of land located in Charles County. The 1921 deed states that the purpose of the conveyance was for the Board to establish a “Colored Manual Training School.” The deed further specified that if the Board ever closed the school, the land would revert to Joshua Lodge No. 65.

The Board permanently closed the school in June 1974. By this time, Lodge No. 65 was no longer active.1 On June 10, 1994, Knights incorporated as successor-in-interest to Lodge No. 65, intending to possess the land and construct a day care and senior citizens’ center on the acreage. Whether Knights ever made a request for the Board to reconvey the property via confirmatory deed was contested in the pleadings, and the [661]*661trial court made no finding as to that issue; regardless, Knights sought, in the action brought below, to have the property declared its own by operation of the reverter clause in the deed. The circuit court found Knights’ action barred by R.P. §§ 6-102 and 6-103. As Knights challenges both findings, we shall address seriatim the effect of §§ 6-102 and 6-103 on Knights’ claim.

LEGAL ANALYSIS

I

Section 6-102 invalidates a possibility of reverter created before July 1, 1969, unless the grantor files a notice of intention to preserve it within a certain time period. R.P. § 6-102(a),(b). To preserve a possibility of reverter created between July 1, 1899 and June 30, 1969, the grantor must record the notice “not less than 70 years nor more than 73 years after the date of its creation.” Id. § 6-102(e)(2). Thus, for a possibility of reverter created on November 5, 1921 (the date of the deed in this case), Knights would have had to record notice between November 5, 1991 and November 5, 1994.2

Knights admits that it did not record notice in the manner required by § 6-102. It asserts, however, that the action filed on March 5, 1993, served the purpose of the notice requirement of § 6-102, i.e., that the public be provided notice that the property was encumbered. Therefore, so the argument goes, the Board had “constructive and actual notice” of Knights’ intention to preserve the possibility of reverter in the disputed acreage, and, accordingly, we should excuse the failure to follow the statutory prescription precisely.

We need not address this contention, for we find that § 6-102 does not apply in this case to extinguish the possibili[662]*662ty of reverter that Knights had owned. Knights could have filed a notice of intention up until 1994, and § 6 — 102(b) provides that “[t]he extinguishment [of the possibility of reverter] occurs at the end of the period in which the notice or renewal notice may be recorded and an estate in fee simple determinable ... then becomes a fee simple absolute.” The language of the statute, therefore, provides that the possibility of reverter will not be extinguished until seventy-three years have passed from the creation of the fee simple determinable.

The statutory time period for extinguishing a possibility of reverter presupposes the continued existence of the possibility of reverter at least until the time period has expired. Of course, if the possibility of reverter no longer existed when seventy-three years had passed, then it could not be “extinguished” — it already would have been. We think, however, that is precisely what has happened in this case. The Court of Appeals illustrated the nature of the fee simple determinable estate in Ringgold v. Carvel, 196 Md. 262, 76 A.2d 327 (1950):

“Thus, where land is devised for a certain purpose, and it is the testator’s intention that it shall be used for that purpose only, and that on the cessation of such use, the estate shall end without re-entry by the grantor, a possibility of reverter arises ...”

Id. at 272, 76 A.2d 327 (emphasis added).

The Court of Appeals again examined possibilities of revert-er in Mayor of Ocean City v. Taber, 279 Md. 115, 367 A.2d 1233 (1977), a case similar to this one. In that case, an 1878 deed conveyed a parcel of real estate to the United States for the sole purpose of establishing a Life Saving Station. Id. at 120, 367 A.2d 1233. In June 1967, the United States conveyed its interest in the land through a quitclaim deed; the trial court found that the conveyance conclusively established that the United States failed to use the Life Saving Station, as the deed required. Id. at 129, 367 A.2d 1233. The' successors-in-interest to the original grantors had waited seven years to bring a claim for recovery based on this failure, but in holding [663]*663that the claim was not barred by estoppel, waiver, or laches, the Court of Appeals said:

The 1878 deed divided the fee simple absolute estate in the property into the fee simple determinable estate conveyed by the Trustees and a possibility of reverter which remained in the hands of the Trustees. As we have observed, when the United States stopped using the property for a Life Saving Station, there was a diversion of the land from the purpose for which it was conveyed, the estate held by the United States was determined, and automatically a fee simple absolute estate was reestablished in those entitled under the original grantors. (Cited case omitted). It was not necessary for appellees to assert a claim to the fee simple absolute estate or to take any other positive action.

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Bluebook (online)
688 A.2d 933, 113 Md. App. 656, 1997 Md. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knights-ladies-of-samaria-v-board-of-education-mdctspecapp-1997.