reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 27 - Highways and Streets › Section 27-107 - Removal of Obstructions

(a)    (1)    Before a person begins underground construction in a public roadway in the sanitary district, the person shall file with the Commission a construction plan that shows the location and depth of the proposed main, conduit, or pipe in the public roadway.
(2)    Construction may not begin before the Commission approves the plan.
(3)    Unless the Commission approves the change, a change may not be made in the physical location of the main, conduit, or pipe shown on the plan.
(b)    (1)    The Commission may remove or change the location of a conduit, main, or pipe that interferes with the operation of the Commission’s water and sewer systems if:
(i)    the conduit, main, or pipe is constructed without the Commission’s approval; or
(ii)    the physical location of the conduit, main, or pipe is changed from that shown on the plan approved by the Commission.
(2)    The person that constructed the interfering conduit, main, or pipe, or the person’s successor, shall pay the expenses of the removal or change in location.
(3)    The Commission is not liable for damage to the interfering conduit, main, or pipe because of construction or maintenance of the Commission’s water and sewer systems.
(c)    (1)    If a person has a building, conduit, pipe, track, or other physical obstruction on a public roadway in Montgomery County or Prince George’s County that blocks or impedes the Commission’s water or sewer system, on reasonable notice from the Commission, the person shall promptly adjust, accommodate, or remove the obstruction at the person’s expense and in a manner that fully meets the Commission’s needs.
(2)    The Commission may condemn an easement in a franchise or right in accordance with Title 21, Subtitle 1 of this article.
(d)    The Commission may charge a reasonable fee for any permit that the Commission is required to obtain and for engineering services that the Commission is required to perform under this section.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 27 - Highways and Streets › Section 27-108 - Other Public Utilities Construction

(a)    A person may not erect a pole or other structure in the sanitary district for the purpose of carrying wires overhead without first obtaining a permit from the Commission.
(b)    The Commission may:
(1)    require that plans for the location or construction of the pole or structure be filed with the Commission; and
(2)    charge a reasonable fee for the permit.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 28 - Miscellaneous Provisions › Subtitle 2 - Police Force › Section 28-201 - Commission Police Force

(a)    There is a Commission police force.
(b)    (1)    A Commission police officer may exercise the powers of a law enforcement officer in the State on property that is owned, leased, or operated by or under the control of the Commission.
(2)    A Commission police officer may not exercise law enforcement powers on any other property unless the officer is:
(i)    engaged in fresh pursuit of a suspected offender;
(ii)    requested or authorized to do so in a political subdivision by the chief executive officer or chief police officer of the political subdivision;
(iii)    needed for the orderly flow of traffic to and from property owned, leased, or operated by or under the control of the Commission; or
(iv)    ordered to do so by the Governor.
(c)    (1)    After consulting with the Secretary of State Police and the Police Training and Standards Commission, the Commission shall adopt regulations to carry out this section, including standards for character, training, education, human relations, experience, and job performance for Commission police officers.
(2)    To the extent practicable, the Commission shall adopt standards that are similar to the standards of the Department of State Police.
(3)    Standards adopted on or after October 1, 2002, on minimum hiring qualifications of Commission police officers do not affect the status of an individual who was a qualified Commission special police officer on October 1, 2002.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 28 - Miscellaneous Provisions › Subtitle 3 - Drinking Water Testing › Section 28-301 - Drinking Water Testing

(a)    The Commission shall conduct quarterly testing of drinking water in the Commission system for unregulated contaminants included in the United States Environmental Protection Agency’s latest cycle of unregulated contaminant monitoring regulations established in accordance with Title XIV, § 1445(a)(B)(i) of the federal Public Health Service Act.
(b)    Within 30 days after receiving the results of each quarterly test, if the results indicate that a contaminant is present, the Commission shall:
(1)    report the results of the test to the county executives of Montgomery County and Prince George’s County; and
(2)    publish the results of the test on its Web site.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 29 - Prohibited Acts; Penalties › Section 29-104 - Penalties -- Enforcement by Injunction

(a)    On application of the Commission that is verified by oath of a member or employee of the Commission, the circuit court of a county, by injunction, may:
(1)    require the compliance with or restrain the violation of any order, notice, or regulation of the Commission under this division;
(2)    require compliance with or restrain the violation or attempted violation of a provision of this division; or
(3)    require the entry of an employee or agent of the Commission within a designated area on the private premises and into any building in the sanitary district where the Commission shows a violation of this division.
(b)    The court may not require the Commission to post a bond.
(c)    If the respondent in a petition for injunction under this section is a nonresident of the State, service of process shall be made in accordance with the Maryland Rules.
(d)    As to §§ 27–101(a) and (b), 27–102, and 27–103 of this article:
(1)    Montgomery County may apply the provisions of this section if an application is verified by oath of an employee of Montgomery County; and
(2)    the court may not require Montgomery County to post a bond.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 29 - Prohibited Acts; Penalties › Section 29-105 - Unlawful Use of Commission Property

Except as provided in regulations adopted by the Commission, a person may not use, handle, tamper with, obstruct, interfere with, deface, or destroy any property owned or used by the Commission in the construction or operation of the Commission’s systems.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 29 - Prohibited Acts; Penalties › Section 29-106 - Leaving Dead Animals or Fecal Matter Unburied

(a)    A person may not leave unburied for a period longer than 24 hours a dead animal or fecal matter in the sanitary district or on a watershed from which the Commission gets its water supply.
(b)    The Commission may bury a dead animal or fecal matter left unburied more than 24 hours and charge the cost of the burial to the owner or the person on whose property the dead animal or fecal matter was found.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 29 - Prohibited Acts; Penalties › Section 29-107 - Criminal Penalties

(a)    A person who violates any of the following provisions is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both:
(1)    § 17–403 of this article (Commission regulations, except for those specified in subsection (c) of this section and §§ 29–101(b) and 29–102(a) of this title);
(2)    Title 22, Subtitle 1 of this article (general obligation bonds and notes);
(3)    § 23–102(a) of this article (construction of private or municipal systems);
(4)    § 23–202 of this article (service connections);
(5)    § 26–103 of this article (tampering with Commission system in Anne Arundel County);
(6)    § 26–205 of this article (tampering with Commission system in Howard County);
(7)    §§ 27–101(c) and  27–108 of this article (public utilities construction);
(8)    § 29–105 of this title (unlawful use of Commission property, except for the regulations governing publicly owned watershed property); or
(9)    § 29–106 of this title (leaving dead animals or fecal matter unburied).
(b)    A person who violates the provisions of Title 20, Subtitle 2 of this article as they relate to the minority business enterprise utilization program by committing a prohibited act listed under § 14–308 of the State Finance and Procurement Article, on conviction, is subject to the penalties provided under that section.
(c)    A person who violates emergency water use restrictions adopted in accordance with § 17–403 of this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
(d)    A person who violates Title 18, Subtitle 1 of this article (Personnel Management) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
(e)    A person who violates § 19–102(b) of this article (ethics) is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(f)    A person may be convicted of a second or subsequent violation of a provision of this Division II or a regulation adopted under this Division II.
2023 Maryland Statutes › Real Property › Title 1 - General Provisions › Section 1-101 - Definitions

(a)    In this article the following words have the meanings indicated unless otherwise apparent from context.
(b)    “County” includes Baltimore City.
(c)    “Deed” includes any deed, grant, mortgage, deed of trust, lease, assignment, and release, pertaining to land or property or any interest therein or appurtenant thereto, including an interest in rents and profits from rents.
(d)    “Deed of trust” means only a deed of trust which secures a debt or the performance of an obligation, and does not include a voluntary grant unrelated to security purposes.
(e)    “Grant” includes conveyance, assignment, and transfer.
(f)    “Land” has the same meaning as “property”.
(g)    “Landlord” means any landlord, including a “lessor”.
(h)    “Lease” means any oral or written agreement, express or implied, creating a landlord and tenant relationship, including any “sublease” and any further sublease.
(i)    “Mortgage” means any mortgage, including a deed in the nature of mortgage.
(j)    “Person” includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
(k)    “Property” means real property or any interest therein or appurtenant thereto.
(l)    “Purchaser” has the same meaning as buyer or vendee.
(m)    “Tenant” means any tenant including a “lessee”.
(n)    “Vendor” has the same meaning as seller.
2023 Maryland Statutes › Real Property › Title 1 - General Provisions › Section 1-103 - Successors in Interest

Unless otherwise expressly provided, any obligation imposed on or right granted to any person automatically is binding on or inures to the benefit of his assigns, successors, heirs, legatees, and personal representatives. However, this section is not to be construed to create or confer any rights of assignment where none would exist otherwise.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-101 - "Grant" or "Bargain and Sell" Construed to Pass Whole Interest

The word “grant”, the phrase “bargain and sell”, in a deed, or any other words purporting to transfer the whole estate of the grantor, passes to the grantee the whole interest and estate of the grantor in the land mentioned in the deed unless a limitation or reservation shows, by implication or otherwise, a different intent.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-102 - Tenant of Estate Tail May Grant in Fee Simple

Any person seized of an estate tail, in possession, reversion, or remainder, in any land, tenement, or hereditament may grant and sell it in the form of a grant as if he were seized of an estate in fee simple and the grant is good and available, to all intents and purposes, against every person whom the grantor might debar by any mode of common recovery, or by any other means.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-106 - Effect of Special Warranty

A covenant by a grantor in a deed “that he will warrant specially the property hereby granted” has the same effect as if the grantor had covenanted that he will warrant forever and defend the property to the grantee against any lawful claim and demand of the grantor and every person claiming or to claim by, through, or under him.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-108 - Effect of Covenant of Right to Grant

A covenant by the grantor in a deed “that he has the right to grant the land” has the same effect as if the grantor had covenanted that he has good right, full power, and absolute authority to grant the land to the grantee in the deed, in the manner in which the land is granted, or intended to be, by the deed, according to its true intent.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-109 - Effect of Covenant of Quiet Enjoyment

A covenant by the grantor in a deed that the grantee “shall quietly enjoy the land” has the same effect as if he had covenanted that the grantee at any time thereafter might peaceably and quietly enter on, and have, hold, and enjoy the land granted by the deed, or intended to be granted, with all the rights, privileges, and appurtenances belonging to it, and to receive the rents and profits for his use and benefit, without any eviction, interruption, suit, claim, or demand by the grantor and free from any claim or demand by any other person.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-110 - Effect of Covenant That Grantor Has Done No Act to Encumber

A covenant by the grantor in a deed “that he has done no act to encumber the land” has the same effect as if he had covenanted that he had not done, executed, or knowingly suffered any act or deed whereby the land granted, or intended to be, or any part of it, is or will be charged, affected, or encumbered in title, estate, or otherwise.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-111 - Effect of General Covenant Against Encumbrances

A covenant by the grantor in a deed, “that the land is free and clear of all encumbrances” has the same effect as if he had covenanted that neither he nor his predecessors in his chain of title had done, executed, or knowingly suffered any act or deed whereby the land granted, or intended to be granted, or any part of it, are or will be charged, affected, or encumbered in title, estate, or otherwise.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-112 - Effect of Covenant for Further Assurances

A covenant by a grantor in a deed “that he will execute further assurances of the land as may be requisite” has the same effect as if the grantor had covenanted that he at any time on any reasonable request, at the expense of the grantee, will do any further act and execute any further instrument to perfect the grant and assure to the grantee the lands granted, or intended to be granted, as shall be reasonably required by the grantee or his attorney.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-113 - "Die Without Issue", and Similar Phrases

Unless a contrary intent is expressly indicated in the deed, the words “die without issue”, or “die without leaving issue”, or other words in a deed which may imply either a lack or a failure of issue of a person in his lifetime, or at the time of his death, or an indefinite failure of his issue, mean a lack or a failure of issue in the lifetime, or at the time of the death of the person, and not an indefinite failure of his issue.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-114 - Title to Street or Highway Where Land Binding on It Is Granted

(a)    Except as otherwise provided, any deed, will, or other instrument that grants land binding on any street or highway, or that includes any street or highway as 1 or more of the lines thereof, shall be construed to pass to the devisee, donee, or grantee all the right, title, and interest of the devisor, donor, or grantor (hereinafter referred to as the transferor) in the street or highway for that portion on which it binds.
(b)    If the transferor owns other land on the opposite side of the street or highway, the deed, will, or other instrument shall be construed to pass the right, title, and interest of the transferor only to the center of that portion of the street or highway upon which the 2 or more tracts coextensively bind.
(c)    The provisions of subsections (a) and (b) of this section do not apply if the transferor in express terms in the writing by which the devise, gift, or grant is made, either reserves to the transferor or grants to the transferee all the right, title, and interest to the street or highway.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-115 - No Implied Covenant or Warranty of Title or Possession

There is no implied covenant or warranty by the grantor as to title or possession in any grant of land or of any interest or estate in land. However, in a lease, unless the lease provides otherwise, there is an implied covenant by the lessor that the lessee shall quietly enjoy the land.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-116 - Passive Trusts Executed; Section Inapplicable to Security Instruments; Executory Interests and Powers of Appointment Valid

(a)    If a grant, deed, covenant, or bequest of any land or personal property is to a trustee whose title is nominal only and who has no express power of disposition or management of the property, and is to be held for a beneficiary expressly designated in it, the grant, deed, covenant, or bequest is void as to the trustee, and is a direct grant, deed, covenant, or bequest to the beneficiary.
(b)    If a trust is created by grant, deed, covenant, or bequest of any land or personal property in which the trustee has duties other than nominal to perform at the inception of or during the term of the trust, but later because of the death of a life tenant or other occurrence the trust terminates or there remains only nominal duties to perform, the legal estate in the corpus of the trust then vests in the beneficiaries of the trust, even though the instrument creating the trust specifically requires a grant of the legal estate, unless the trustee is required to make partition or division by the terms of the creating instrument.
(c)    This section is not applicable to any deed of trust given as security for the payment of a debt or the performance of an obligation.
(d)    Notwithstanding the repeal of the British Statute of Uses, executory interests and powers of appointment are valid in the State, subject to the rule against perpetuities as modified by §§ 11–102 and 11–102.1 of the Estates and Trusts Article.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-119 - Covenants Restricting Installation of Solar Collector Systems

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Restriction on use” includes any covenant, restriction, or condition contained in:
(i)    A deed;
(ii)    A declaration;
(iii)    A contract;
(iv)    The bylaws or rules of a condominium or homeowners association;
(v)    A security instrument; or
(vi)    Any other instrument affecting:
1.    The transfer or sale of real property; or
2.    Any other interest in real property.
(3)    “Solar collector system” means a solar collector or other solar energy device, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating.
(4)    “Solar easement” means an interest in land that:
(i)    Is conveyed or assigned in perpetuity; and
(ii)    Limits the use of the land to preserve the receipt of sunlight across the land for the use of a property owner’s solar collector system.
(b)    (1)    A restriction on use regarding land use may not impose or act to impose unreasonable limitations on the installation of a solar collector system on the roof or exterior walls of improvements, provided that the property owner owns or has the right to exclusive use of the roof or exterior walls.
(2)    For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that:
(i)    Significantly increases the cost of the solar collector system; or
(ii)    Significantly decreases the efficiency of the solar collector system.
(c)    (1)    A property owner who has installed or intends to install a solar collector system may negotiate to obtain a solar easement in writing.
(2)    Any written instrument creating a solar easement shall include:
(i)    A description of the dimensions of the solar easement expressed in measurable terms, including vertical or horizontal angles measured in degrees or the hours of the day on specified dates when direct sunlight to a specified surface of a solar collector system may not be obstructed;
(ii)    The restrictions placed on vegetation, structures, and other objects that would impair the passage of sunlight through the solar easement; and
(iii)    The terms under which the solar easement may be revised or terminated.
(3)    A written instrument creating a solar easement shall be recorded in the land records of the county where the property is located.
(d)    This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-120 - Disclosure of Material Fact or Latent Defect

(a)    Under this title, it is not a material fact or a latent defect relating to property offered for sale or lease that:
(1)    An owner or occupant of the property is, was, or is suspected to be:
(i)    Infected with human immunodeficiency virus; or
(ii)    Diagnosed with acquired immunodeficiency syndrome; or
(2)    A homicide, suicide, accidental death, natural death, or felony occurred on the property.
(b)    An owner or seller of real property or the owner’s or seller’s agent shall be immune from civil liability or criminal penalty for failure to disclose a fact contained in subsection (a) of this section.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-121 - Covenants Restricting Family Day Care Homes

(a)    In this section, “family child care home” means a unit:
(1)    Registered under Title 5, Subtitle 5 of the Family Law Article; and
(2)    In which the family child care provider or one or more of the children cared for resides.
(b)    This section does not apply to a recorded covenant or restriction affecting property that is:
(1)    Governed by the provisions of Title 11B of this article;
(2)    Part of a condominium regime governed by Title 11 of this article; or
(3)    Part of a cooperative housing corporation.
(c)    (1)    A recorded covenant or restriction in a deed that prohibits or restricts commercial or business activity in general, but does not expressly apply to family child care homes, may not be construed to prohibit or restrict the establishment or operation of family child care homes.
(2)    The operation of a family child care home shall be considered a residential activity for purposes of construing a covenant or restriction described in paragraph (1) of this subsection.
(d)    The provisions of this section do not apply to:
(1)    A building containing more than four dwelling units located on one parcel of property or at one location;
(2)    A covenant or restriction imposed in connection with a loan made or purchased by the Community Development Administration under Title 4, Subtitle 2 of the Housing and Community Development Article; or
(3)    A lease.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-122 - Grant of Property to Trust Same as Grant to Trustee

(a)    (1)    In this section, “trust” means an express inter vivos or testamentary trust.
(2)    “Trust” includes the following instruments or funding arrangements in the nature of a trust:
(i)    A profit sharing plan;
(ii)    A retirement plan;
(iii)    A liquidating or liquidation plan; and
(iv)    An unincorporated foundation.
(3)    “Trust” does not include:
(i)    A real estate investment trust as defined in § 8–101 of the Corporations and Associations Article;
(ii)    A statutory trust as defined in § 12–101 of the Corporations and Associations Article; or
(iii)    A trust, formed under the law of another state or a foreign country, that authorizes a trust to take, hold, and dispose of title to property in the name of the trust.
(b)    (1)    A grant of property by deed to a grantee designated in the deed as a trust has the same effect as if the grantor had granted the property to the trustee or trustees appointed and acting for the trust on the effective date of the deed.
(2)    If executed by the trustee or trustees appointed and acting for the trust on the effective date of the deed, a grant of property by deed from a grantor designated in the deed as a trust has the same effect as if the grantee had received the property from the trustee or trustees appointed and acting for the trust on the effective date of the deed.
(c)    (1)    A grant of property by deed to a grantee designated in the deed as an estate of a decedent, including the estate of a nonresident decedent, has the same effect as if the grantor had granted the property to:
(i)    The personal representative or personal representatives appointed by a register of wills or orphans’ court in the State for the estate and acting as the personal representative on the effective date of the deed; or
(ii)    A foreign personal representative exercising the powers of the office for the estate of a nonresident decedent on the effective date of the deed.
(2)    If executed by the person or persons indicated in item (i) or (ii) of this paragraph as applicable, a grant of property by deed from a grantor designated in the deed as an estate of a decedent, including the estate of a nonresident decedent, has the same effect as if the grantee had received the property from:
(i)    The personal representative or personal representatives appointed by a register of wills or orphans’ court in the State for the estate and acting as the personal representative on the effective date of the deed; or
(ii)    A foreign personal representative exercising the powers of the office for the estate of a nonresident decedent on the effective date of the deed.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-123 - Adoptees

(a)    In this section, “instrument” means a deed, grant, or other written instrument other than a will as defined in § 4-414 of the Estates and Trusts Article.
(b)    This section does not limit the right of an individual to provide for distribution of property by will.
(c)    (1)    Unless an instrument executed on or after June 1, 1947, clearly indicates otherwise, “child”, “descendant”, “heir”, “issue”, or any equivalent term in the instrument includes an adoptee whether the instrument was executed before or after a court entered an order for adoption.
(2)    Unless an instrument executed on or before May 31, 1947, clearly indicates otherwise, “child”, “descendant”, “heir”, “issue”, or any equivalent term in the instrument includes an adoptee if, on or after January 1, 1945, a court entered an interlocutory order for adoption or, if none, a final order for adoption.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-124 - Unreasonable Restrictions on Location of Portable Basketball Apparatus Prohibited -- Historic Property

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Portable basketball apparatus” means a portable apparatus or device designed for recreational use in conjunction with the game of basketball.
(3)    “Restriction on use” includes any covenant, restriction, or condition contained in:
(i)    A deed;
(ii)    A declaration;
(iii)    A contract;
(iv)    The bylaws or rules of a condominium or homeowners association;
(v)    A security instrument; or
(vi)    Any other instrument affecting:
1.    The transfer or sale of real property; or
2.    Any other interest in real property.
(b)    (1)    A restriction on use regarding land use may not impose or act to impose an unreasonable limitation on the location and use of a portable basketball apparatus, provided that the property owner owns or has the right to exclusive use of the area in which placement and use of the portable basketball apparatus is to occur.
(2)    For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that:
(i)    Significantly increases the cost of using a portable basketball apparatus; or
(ii)    Significantly decreases the ability to use a portable basketball apparatus as designed and intended.
(c)    This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.
2023 Maryland Statutes › Real Property › Title 2 - Rules of Construction › Section 2-125 - Restrictions Imposing Unreasonable Limitations on Low-Impact Landscaping Prohibited -- Reasonable Design and Aesthetic Guidelines Allowed -- Historic Properties Exempted

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Low–impact landscaping” means landscaping techniques that conserve water, lower maintenance costs, provide pollution prevention, and create habitat for wildlife.
(ii)    “Low–impact landscaping” includes:
1.    Bio–habitat gardens and other features designed to attract wildlife;
2.    Pollinator gardens and other features designed to attract pollinator species;
3.    Rain gardens and other features that use natural biological principles to return rainwater to the soil and to filter rainwater of excess nutrients; and
4.    Xeriscaping and other forms of landscaping or gardening that reduce or eliminate the need for supplemental water from irrigation.
(3)    “Restriction on use” includes any covenant, restriction, or condition contained in:
(i)    A deed;
(ii)    A declaration;
(iii)    A contract;
(iv)    The bylaws or rules of a condominium or homeowners association;
(v)    A security instrument; or
(vi)    Any other instrument affecting:
1.    The transfer or sale of real property; or
2.    Any other interest in real property.
(b)    (1)    A restriction on use regarding land use may not impose or act to impose unreasonable limitations on low–impact landscaping, provided that the property owner:
(i)    Owns or has the right to exclusive use of the property; and
(ii)    Maintains and regularly tends to the low–impact landscaping.
(2)    For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that:
(i)    Significantly increases the cost of low–impact landscaping;
(ii)    Significantly decreases the efficiency of low–impact landscaping; or
(iii)    Requires cultivated vegetation to consist in whole or in part of turf grass.
(c)    Nothing in this section may be construed to prohibit a restriction on use from including reasonable design and aesthetic guidelines regarding the type, number, and location of low–impact landscaping features.
(d)    This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-102 - Other Instruments Which May Be Recorded

(a)    (1)    Any other instrument affecting property, including any contract for the grant of property, or any subordination agreement establishing priorities between interests in property may be recorded.
(2)    The following instruments also may be recorded:
(i)    Any notice of deferred property footage assessment for street construction;
(ii)    Any boundary survey plat signed and sealed by a professional land surveyor or property line surveyor licensed in the State;
(iii)    Any assumption agreement by which a person agrees to assume the liability of a debt or other obligation secured by a mortgage or deed of trust;
(iv)    Any release of personal liability of a borrower or guarantor under a mortgage or under a note or other obligation secured by a deed of trust;
(v)    A ground rent redemption certificate or a ground rent extinguishment certificate issued under § 8–110 of this article;
(vi)    An affordable housing land trust agreement executed under Title 14, Subtitle 5 of this article with any transfer of property for which an affordable housing land trust has a reversionary interest; or
(vii)    A restrictive covenant modification executed under § 3–112 of this subtitle.
(3)    The recording of any instrument constitutes constructive notice from the date of recording.
(b)    This section may not be construed to authorize the recording of a subdivision plat without any prior review and approval otherwise required by law.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-102.1 - Notice of Easements, Covenants, Restrictions, and Condition -- Recordation

(a)    If a recorded easement, covenant, restriction, or condition has been granted, devised, dedicated, reserved, or donated to, or otherwise affects an interest in, real property, a notice of the easement, covenant, restriction, or condition may be recorded in the land records of the county in which the property interest is located.
(b)    A notice recorded under subsection (a) of this section shall:
(1)    State, if known, the name and current address of:
(i)    The current holder of the easement, covenant, restriction, or condition; and
(ii)    Any neighborhood association relevant to the easement, covenant, restriction, or condition;
(2)    Contain a statement that the easement, covenant, restriction, or condition is still in effect as of the date of the notice;
(3)    Contain the recording information for the easement, covenant, restriction, or condition and the recording information for any associated amendment or corrective document; and
(4)    State, as of the date of the notice, the name of the fee simple owner of the land encumbered by the easement, covenant, restriction, or condition and, if applicable and known:
(i)    The owner of any recorded leasehold estate or holder of any other real property interest in land encumbered by the easement, covenant, restriction, or condition; and
(ii)    Any neighborhood association relevant to the land encumbered by the easement, covenant, restriction, or condition.
(c)    A notice recorded under subsection (a) of this section shall be indexed among the land records under the name of:
(1)    The holder of the easement, covenant, restriction, or condition; and
(2)    The fee simple owner of the land encumbered by the easement, covenant, restriction, or condition, as specified in the notice and, if applicable and known:
(i)    The owner of any recorded leasehold estate or holder of any other real property interest in land encumbered by the easement, covenant, restriction, or condition; and
(ii)    Any neighborhood association relevant to land encumbered by the easement, covenant, restriction, or condition.
(d)    Failure to record a notice in accordance with the requirements of this section does not:
(1)    Impair the rights or interests of the holder of an easement, a covenant, a restriction, or a condition; or
(2)    Waive, release, or otherwise affect the obligations of any person holding a real property interest burdened by the easement, covenant, restriction, or condition.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-103 - Place of Recording

The proper jurisdiction for recording all deeds or other instruments referred to in §§ 3–101 and 3–102 is as follows:
(1)    In the county where the land affected by the deed or instrument lies; or
(2)    If the land lies in more than one county, in all of such counties.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-104.1 - Licensing Information on Instruments Securing Mortgage Loans on Residential Property

(a)    In this section, “residential property” means real property improved by four or fewer single family dwelling units that are designed principally and are intended for human habitation.
(b)    When recorded, a mortgage, deed of trust, or any other instrument securing a mortgage loan on residential property shall contain:
(1)    (i)    The name and Maryland mortgage originator license number of the mortgage originator that originated the loan secured by the instrument; or
(ii)    An affidavit by the person that originated the mortgage loan secured by the instrument that the individual who originated the loan is exempt from the licensing requirement under Title 11, Subtitle 6 of the Financial Institutions Article; and
(2)    (i)    The name and Maryland mortgage lender license number of the mortgage lender that made the loan secured by the instrument; or
(ii)    An affidavit by the lender that made the mortgage loan secured by the instrument that the lender is exempt from the licensing requirement under Title 11, Subtitle 5 of the Financial Institutions Article.
(c)    The Commissioner of Financial Regulation shall adopt regulations to implement the provisions of this section, including:
(1)    Minimum requirements for the inclusion of licensing information when a mortgage, deed of trust, or other instrument securing a mortgage loan on residential property is recorded; and
(2)    Consequences, including penalties, for the failure to include licensing information when a mortgage, deed of trust, or other instrument securing a mortgage loan on residential property is recorded.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-106 - Recording of Assignments of Mortgages

The clerk of the court shall record photographically any assignment of a mortgage with an attachment or rider affixed to it containing the names of the parties as they appear on the original mortgage and a reference to the book number and page number where the mortgage is recorded.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-109 - State Highway Administration Plats

Plats showing property or rights–of–way acquired or conveyed by the State Roads Commission and the State Highway Administration shall be filed with the State Archives and electronically recorded, as provided in § 9–1011 of the State Government Article.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-109.1 - Recordation of County Right-of-Way Plats in Frederick, Carroll, and Talbot Counties

(a)    (1)    In Frederick, Carroll, and Talbot counties, the clerk of the circuit court for the respective county shall receive, index, and file in a substantial loose–leaf, linen–backed, or other durable–backed book, copies of plats showing property or rights–of–way to be acquired or conveyed by the board of county commissioners or the governing body of that county.
(2)    Each plat may not be greater in size than 22 inches by 36 inches.
(b)    When filed and indexed under subsection (a) of this section, a plat constitutes a part of the land records of the county.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-110 - Recording Deeds by Mail

(a)    The clerk of the court of any county may not refuse to accept for recording any deed or other recordable instrument delivered by mail, or not in person, if the deed or other recordable instrument:
(1)    Meets all the requisites for recording;
(2)    Is accompanied by correct fees and taxes; and
(3)    Is accompanied by a letter from an attorney or party to the instrument requesting or directing its recordation.
(b)    This section does not require a clerk to perform any function which he normally would not have to perform if an instrument is delivered in person.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part I - General Provisions › Section 3-111 - Disclosure of Personal Information on Recordable Instruments Prohibited

(a)    In this section, “personal information” means an individual’s:
(1)    Social Security number; or
(2)    Driver’s license number.
(b)    On or after June 1, 2010, a person may not include personal information in a deed or other recordable instrument intended for recording.
(c)    A person engaged to perform or charged with the duty to record a deed or other recordable instrument that contains personal information may, prior to recording:
(1)    Permanently delete the personal information from the deed or other recordable instrument; or
(2)    Request that the personal information be masked from the deed or other recordable instrument in accordance with § 8–504 of the State Government Article.
(d)    A person is immune from civil liability or criminal penalty if the person:
(1)    Inadvertently records a deed or other recordable instrument containing personal information; or
(2)    Deletes or masks personal information from a deed or other recordable instrument in accordance with subsection (c) of this section.
(e)    If a deed or other recordable instrument that contains personal information is inadvertently recorded, the inclusion of the personal information does not affect the validity of the instrument.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part II - Recordation of Instruments for Address Confidentiality Program Participants › Section 3-114 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “ACP number” means the unique identification number assigned to each program participant by the Secretary.
(c)    “Actual address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under Title 7, Subtitle 3 of the State Government Article.
(d)    “Address Confidentiality Program” means the Address Confidentiality Program for survivors of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking administered by the Secretary under Title 7, Subtitle 3 of the State Government Article.
(e)    (1)    “Identity information” means information that may be used to identify a program participant.
(2)    “Identity information” includes a program participant’s:
(i)    Name;
(ii)    Phone number;
(iii)    E–mail address;
(iv)    Social Security number; and
(v)    Driver’s license number.
(f)    “Program participant” means an individual designated by the Secretary as a participant in an address confidentiality program.
(g)    “Real Property ACP Notice” means the notice required under this part for a program participant to request the shielding of real property records.
(h)    “Real property record” means any record or data maintained by a clerk of the circuit court or a State or local agency as part of the land or tax records.
(i)    “Secretary” means the Secretary of State.
(j)    “Shield” means to remove real property records from public inspection in accordance with this part.
(k)    “Shielding” means, with respect to a real property record accepted for recording by a clerk of the circuit court or a State or local agency, removing the record to a separate secure area to which persons who do not have a legitimate reason for access are denied access.
2023 Maryland Statutes › Real Property › Title 3 - Recordation › Subtitle 1 - General Rules and Exceptions › Part II - Recordation of Instruments for Address Confidentiality Program Participants › Section 3-115 - Shielding of Real Property Records for Address Confidentiality Program Participants

(a)    A program participant who acquires an ownership interest in real property while participating in an address confidentiality program may request the shielding of real property records concerning the property in accordance with this section.
(b)    (1)    To request the shielding of real property records, a program participant, or any agent of a program participant, shall submit to the clerk of the circuit court and the appropriate county finance office:
(i)    A Real Property ACP Notice;
(ii)    The deed or other instrument to be recorded; and
(iii)    The intake sheet required under § 3–104 of this subtitle.
(2)    The Real Property ACP Notice shall be on the form that the Secretary provides and shall include:
(i)    The full legal name of the program participant, including middle name;
(ii)    The program participant’s ACP number;
(iii)    The substitute address designated by the Secretary as the program participant’s address;
(iv)    A description of the property identical to the description given on the intake sheet required under § 3–104 of this subtitle; and
(v)    The signature of the program participant.
(3)    The program participant shall submit to the Secretary a copy of any Real Property ACP Notice submitted under paragraph (1) of this subsection.
(c)    A Real Property ACP Notice applies to:
(1)    The instrument submitted for recordation at the same time as the Real Property ACP Notice; and
(2)    Any other instrument concerning the property identified in the Real Property ACP Notice that is subsequently presented for recordation during the period of time that the program participant holds a record interest in the property and is a program participant.
(d)    A program participant shall use a separate Real Property ACP Notice for each property in which the program participant acquires an ownership interest.
(e)    The clerk of the circuit court shall provide a copy of any Real Property ACP Notice received under this section to the State Department of Assessments and Taxation and the State Archives.
(f)    A Real Property ACP Notice is not a public record within the meaning of § 4–101 of the General Provisions Article.
(g)    If a program participant intends to request the shielding of real property records under this section, the program participant may not submit any instrument for recordation electronically.