Uploaded March 2025 | Updated September 2026, 2 weeks ago
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Mayor and City Council of Ocean City v. Taber
Maryland Court of Appeals
367 A.2d 1233 (1977)
Property transfers can get creative when grantors want to influence how a property is used even after they are no longer in control. In Mayor and City council of Ocean City versus Taber, we'll explore how property owners can use a fee simple determinable to dictate how the property must be used for the grantee to maintain the grantee's interest.
In eighteen seventy eight, Stephen Taber conveyed land he owned along the Atlantic Ocean in Maryland to the United States government. In his conveyance, Taber included the limitation that the United States could only use the land for a life saving station. The deed stated that once the land stopped being used for a life saving station, it would be returned to Taber and his heirs without any legal proceedings.
The land eventually became Ocean City. In nineteen sixty seven, the United States stopped using the land for a life saving station and issued a quitclaim deed conveying the land to Ocean City. The deed noted that the life saving station land use had ceased.
By the mid nineteen hundreds, Ocean City had become a thriving beach town. In nineteen seventy one, Taber's heirs sued Ocean City in the circuit court for Worcester County. The heirs claimed that the land automatically reverted to them once it stopped being used as a life saving station. In response, Ocean City alleged that Taber's deed to the United States was invalid, and that because the United States occupied the land without a valid deed, the United States had adversely possessed the land and acquired fee simple ownership.
Because the United States owned the land through adverse possession, it was able to transfer the land to Ocean City.
The trial court found in the heir's favor. Ocean City appealed to the Maryland court of appeals.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Mayor and City Council of Ocean City v. Taber
Maryland Court of Appeals
367 A.2d 1233 (1977)
Property transfers can get creative when grantors want to influence how a property is used even after they are no longer in control. In Mayor and City council of Ocean City versus Taber, we'll explore how property owners can use a fee simple determinable to dictate how the property must be used for the grantee to maintain the grantee's interest.
In eighteen seventy eight, Stephen Taber conveyed land he owned along the Atlantic Ocean in Maryland to the United States government. In his conveyance, Taber included the limitation that the United States could only use the land for a life saving station. The deed stated that once the land stopped being used for a life saving station, it would be returned to Taber and his heirs without any legal proceedings.
The land eventually became Ocean City. In nineteen sixty seven, the United States stopped using the land for a life saving station and issued a quitclaim deed conveying the land to Ocean City. The deed noted that the life saving station land use had ceased.
By the mid nineteen hundreds, Ocean City had become a thriving beach town. In nineteen seventy one, Taber's heirs sued Ocean City in the circuit court for Worcester County. The heirs claimed that the land automatically reverted to them once it stopped being used as a life saving station. In response, Ocean City alleged that Taber's deed to the United States was invalid, and that because the United States occupied the land without a valid deed, the United States had adversely possessed the land and acquired fee simple ownership.
Because the United States owned the land through adverse possession, it was able to transfer the land to Ocean City.
The trial court found in the heir's favor. Ocean City appealed to the Maryland court of appeals.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/mayor-and-city-council-of-ocean-city-v-taber
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/mayor-and-city-council-of-ocean-city-v-taber
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