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This entry was published on 2014-09-22
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Release of rents reserved by leases in perpetuity
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 19
§ 1901. Release of rents reserved by leases in perpetuity. 1. Any
person interested in lands held under a lease in perpetuity, upon which
no rent has been paid for at least twenty years, may present his
petition to the courts mentioned in this section asking that it be
declared that the rents and reversion have been released to the owner of
the fee. Such petition shall be verified, shall describe the lease and
allege that the rents and reversion have been released, and shall state
such facts as the petitioner can ascertain relative to the execution of
a release and the identity of the persons who would otherwise be the
present owners of the rents and reversion and the last known owner

2. Such petition may be presented to the supreme court or to the
county court of the county where the lands are situated. The court may
thereupon order all persons interested to show cause at a certain time
and place why the rents and reversion should not be declared to have
been released. A description of the lease and lands affected thereby
and the name of the last known owner of the rents and reversion shall be
specified in such order, and the order shall be published in such
newspaper or newspapers and for such time as the court shall direct. The
court may also direct the order to be personally served upon such
persons as it shall designate.

3. The court may issue commissions to take the testimony of witnesses
and may refer the petition to a referee to take and report proofs of the
facts stated in the petition. Upon being satisfied that the matters
alleged in the petition are true, the court may make an order declaring
that the rents and reversion have been released to the owner of the fee.
The nonpayment of rent under any such lease for twenty years shall be
presumptive evidence of such a release.

4. The entry of such order in the office of the clerk of the county
where such lands are situated shall have the same effect as a release of
such rents and reversion to such owner then duly executed and recorded.
The county clerk shall note on the margin of the record of the original
lease a minute of the entry of such order.