reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-408 - Determination on Application and Objections

(a)    (1)    If the Commissioner or the circuit court, as the case may be, determines that the applicant has failed to comply with the requirements of this title, the final judgment of the Commissioner or the court shall dismiss the application and terminate the proceedings on it.
(2)    If an objection is filed under this subtitle and the Commissioner or the circuit court, as the case may be, determines that the objector meets the applicable requirements of § 13-401 of this subtitle, the final judgment of the Commissioner or the court shall:
(i)    Sustain the objection; and
(ii)    As to that portion of the land to which the objection applies, dismiss the application and terminate the proceedings on it.
(3)    If the Commissioner or the circuit court, as the case may be, determines that an applicant has complied with the requirements of this title, then, as to any land for which an objection is not filed under this subtitle or, if filed, not sustained under paragraph (2) of this subsection, the final judgment of the Commissioner or the court shall:
(i)    In accordance with § 13-313(c) of this title, set the purchase price for any of the land that is vacant land; and
(ii)    Order a patent to be issued to the applicant for the land, on payment of the purchase price and any expenses owed.
(b)    If the final judgment of the Commissioner or the circuit court establishes that a patent should be issued for less than all of the land embraced within the certificate of survey, the Commissioner shall issue an amended warrant to the surveyor, directing him to amend the certificate of survey in accordance with the judgment within 90 days.
(c)    If the final judgment of the Commissioner or the circuit court includes any land not embraced within the certificate of survey, the applicant shall initiate new proceedings for the entire tract.
(d)    If an objection by the State or one of its agencies claiming public use under § 13-401(3) of this subtitle is sustained, the final judgment of the Commissioner or the circuit court shall direct the objector to reimburse the applicant for all reasonable expenses and reasonable attorney’s and surveyor’s fees incurred by the applicant in the proceeding in connection with that portion of the land to which the objection is sustained. If there is a dispute as to the amount, the applicant may recover in a court of law all further expenses incurred by the applicant in connection with the dispute.
(e)    The opinion of the Commissioner in a land patent case or a proceeding to reserve land by a governmental body shall be published in the Maryland Register.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-409 - Notice of Determination to Issue Patent and Amounts Owed

(a)    If the Commissioner determines that a patent should be issued, he shall certify his final judgment to the applicant and the parties to the proceeding. In addition, if either the Commissioner or the circuit court determines that a patent should be issued, the Commissioner shall mail to the applicant a notice:
(1)    Of the purchase price for any vacant land;
(2)    Of any expenses outstanding at the time the patent is to be issued; and
(3)    That the proceeding will be abandoned if the applicant fails to pay the purchase price and all outstanding expenses:
(i)    Within 45 days of receipt of the notice; or
(ii)    If an appeal is filed under § 13-410 of this subtitle, within 45 days of the rendering on appeal of a final decision to issue a patent.
(b)    A governmental body requesting a certificate of reservation is not required to pay the purchase price of the land.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-410 - Judicial Review

(a)    (1)    If the proceeding is heard by the Commissioner under § 13-406 of this subtitle, the final judgment of the Commissioner may be appealed as provided by the Administrative Procedure Act.
(2)    If the proceeding is referred to the circuit court for declaratory relief under § 13-407 of this subtitle, the final judgment of the court may be appealed as provided in § 3-408.1 of the Courts Article.
(b)    (1)    On appeal, the purchase price for any vacant land may be contested only:
(i)    By the applicant; or
(ii)    If the Commissioner or the court, as the case may be, establishes a purchase price under § 13-313(c)(2) of this title at an amount less than that established by the assessors under § 13-313(c)(1) of this title, by the State.
(2)    If the purchase price for vacant land is contested on appeal, the court hearing the appeal may set the purchase price at any amount, not exceeding that established by the assessors under § 13-313(c)(1) of this title, that the court, based on the record before it, determines to be the proper assessed value of the land.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-411 - Abandonment of Proceedings

The Commissioner shall enter an order of abandonment if:
(1)    A bill of complaint required by § 13-407 of this subtitle is not filed in the time required by that section; or
(2)    The applicant fails to pay to the State the purchase price for any vacant land and all outstanding expenses within the time specified by the Commissioner in the notice mailed to the applicant under § 13-409 of this subtitle.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-412 - Subsequent Application for Patent on Prior Certificate

(a)    (1)    If an objection by a person claiming ownership under § 13-401(2) of this subtitle is sustained under § 13-408(a)(2) of this subtitle, then, within 60 days after entry of the final judgment sustaining the objection, the objector may apply under the previously returned certificate of survey for a patent for any of the vacant land which is described in the certificate of survey and to which the objection was sustained.
(2)    On filing an application in the proper form, the objector shall be substituted in the proceeding for the prior applicant, and further notice or proof is not required.
(b)    (1)    If an order of abandonment is entered under § 13-411 of this subtitle, then, within six months after entry of the order, any person may apply under the previously returned certificate of survey for a patent for any of the vacant land which is described in the certificate of survey.
(2)    The Commissioner shall docket the applications for a patent under this subsection in the order received. In granting a request for the patent, any prior applicant for a warrant for the same land, other than the prior applicant whose proceeding was abandoned, shall be preferred in the order of original receipt of the applications for a warrant.
(3)    If a request for a patent is granted under this subsection, the new applicant shall be substituted in the proceeding for the prior applicant, and further notice or proof is not required.
(c)    An application for a patent under subsection (a) or (b) of this section shall be in writing and contain:
(1)    The name and address of the applicant;
(2)    The name and address of each person, other than the applicant, who would obtain a direct or indirect title interest in the land for which the patent is sought if the patent were issued to the applicant;
(3)    A description of the land to which the application applies, referenced to the description contained in the certificate of survey and accompanying plat;
(4)    A description of any family, business, or financial relationship between the surveyor and all persons signing the application;
(5)    The name to be given the land to be patented;
(6)    A certification that the applicant has reimbursed the prior applicant for all reasonable expenses and surveyor’s fees incurred by the prior applicant in the proceeding in connection with the land to which the application applies;
(7)    Any other information the Commissioner requests under a rule or regulation adopted under § 13-203 of this title; and
(8)    A request for the issuance of a patent for the land described in the application.
(d)    The application shall be:
(1)    Signed and verified by the applicant and each person required to be named under subsection (c)(2) of this section; and
(2)    Accompanied by a deposit on the purchase price for the land and any outstanding expenses owed to the State by the prior applicant.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 4 - Objections, Hearings, and Determination › Section 13-413 - Expenses Are Debt to State; Bad Faith Fees and Costs

(a)    Any expenses owed under this title constitute a debt to the State, owed by:
(1)    The applicant for a warrant under Subtitle 3 of this title; or
(2)    If a subsequent application for a patent is filed under § 13-412 of this subtitle, the new applicant.
(b)    (1)    If a proceeding terminates other than with the issuance of a patent, the Commissioner shall file for record a certified list of any unpaid expenses in the law or equity judgment records for:
(i)    The county of this State in which is located the address of the applicant owing these expenses, as that address appears in his application; or
(ii)    If that address is not within this State, the county of this State in which is located the largest portion of the land for which the application was made.
(2)    When filed, the debt represented by the list has the force and effect of a judgment lien and may be enforced and renewed accordingly.
(c)    If the Commissioner finds that an applicant for a land patent acted in bad faith and without substantial justification, the Commissioner may require the applicant to pay the reasonable expenses of the objectors, including their attorneys’ fees and expert witness fees, and the reasonable expenses of the Commissioner, including administrative, research, and hearing expenses.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 5 - Issuance of Patent › Section 13-501 - Preparation; Contents

(a)    The Commissioner shall prepare a patent within 30 days after:
(1)    The Commissioner or a circuit court, as the case may be, finds that a patent should issue;
(2)    That finding has become final by:
(i)    Failure to file an appeal before expiration of the period within which an appeal may be taken; or
(ii)    The rendering on appeal of a final decision; and
(3)    The purchase price for any vacant land and all outstanding expenses are paid.
(b)    The patent shall contain:
(1)    The name of the person to whom it is issued;
(2)    The name given to the land;
(3)    The name of the original applicant;
(4)    The date of issuance of the warrant;
(5)    The name of any person substituted as applicant and the date of the substitution;
(6)    The date of filing the certificate or amended certificate of survey on which the patent is based;
(7)    A description of the land, as contained in the certificate of survey; and
(8)    The Commissioner’s certificate that the patent is proper to be issued.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 5 - Issuance of Patent › Section 13-502 - Manner of Issuance; Rejection of Commissioner's Certificate; Inapplicability of Title 10 of State Finance and Procurement Article

(a)    After a patent is prepared by the Commissioner, if the Commissioner’s certificate that the patent is proper to be issued is based on a final judgment for declaratory relief that was rendered in a proceeding referred to a circuit court under § 13-407 of this title or, except for an appeal that was taken under § 13-410(a)(1) of this title and in which the only contested issue was the purchase price established by the Commissioner in his final judgment, if the certificate is based on a final decision of court that was rendered in an appeal taken under § 13-410 of this title:
(1)    The Commissioner immediately shall send the patent to the Governor for his signature;
(2)    The Governor promptly shall sign the patent and cause it to be sealed with the Great Seal of the State of Maryland; and
(3)    The patent shall be recorded:
(i)    In the patent records of the Commissioner; and
(ii)    In the land records for each county in which is located any portion of the land for which the patent was issued.
(b)    (1)    After a patent is prepared by the Commissioner, if the Commissioner’s certificate is based on a final judgment that was rendered by the Commissioner in a proceeding heard by him under § 13-406 of this title, from which final judgment no appeal was taken, or if the Commissioner’s certificate is based on a final decision of court that was rendered in an appeal taken under § 13-410(a)(1) of this title and in which the only contested issue was the purchase price established by the Commissioner in his final judgment:
(i)    The Commissioner immediately shall send the patent to the Board of Public Works for its review; and
(ii)    Unless the Board of Public Works, within 45 days after its receipt of the patent, rejects for cause the Commissioner’s certificate that the patent is proper to be issued, the patent shall be signed, sealed, and recorded as provided for in subsection (a) of this section.
(2)    If the Board of Public Works rejects for cause the Commissioner’s certificate within the period specified in paragraph (1) of this subsection, the patent may not be issued and the applicant is entitled to reimbursement from the State of all reasonable expenses and reasonable attorney’s and surveyor’s fees incurred by the applicant in the application proceedings. The Board shall provide for payment of the reimbursement from funds available to it and make the reimbursement as soon as is practicable.
(c)    The issuance of a patent under this title is not subject to the provisions of Title 10 of the State Finance and Procurement Article governing the sale or disposition of State property.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 5 - Issuance of Patent › Section 13-503 - Effect of Patent

(a)    The issuance of a patent operates as a quitclaim of the interest of the State in the land.
(b)    The interest of the State does not pass and is not affected until a patent is issued.
(c)    A patent issued on a warrant to resurvey land previously patented does not affect or impair any mortgage, deed of trust, easement, right-of-way, or similar interest in the land.
2023 Maryland Statutes › Real Property › Title 13 - Land Patents › Subtitle 5 - Issuance of Patent › Section 13-504 - Return of Purchase Price for Invalid Patent

(a)    Subject to subsection (b) of this section, if, after the exhaustion of all available defenses and appeals, a court of competent jurisdiction determines that the patent is invalid as to any portion of the vacant land for which it was issued, the person to whom the patent was issued is entitled to reimbursement from the State of that portion of the entire purchase price paid that is equitably attributable to the vacant land held to have been invalidly patented, based on a pro rata apportionment of the entire purchase price or any other factor which the Board of Public Works determines to be relevant.
(b)    Any person claiming a right to reimbursement under this section shall apply to the Board of Public Works for reimbursement within six months of the final court decision on which the claim is based. The application shall set forth in detail the basis of the claim. It shall be signed and verified by the person making the claim and contain a certification that a copy of the application was mailed to the Commissioner.
(c)    If the Board of Public Works determines that the applicant is entitled to reimbursement under this section, it shall establish the amount of the reimbursement, provide for payment of the reimbursement from funds available to it, and make the reimbursement as soon as is practicable.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-102 - Waste

(a)    Any mortgagor, including a grantor under a deed of trust given as security for the payment of a debt or the performance of an obligation, any other person in possession of land, any life tenant, tenant for years, tenant at will, periodic tenant, tenant in common or joint tenant, who, without express or implied authorization, commits or permits waste is liable for the actual damages suffered by the property. An action may be maintained against the person even though he later may grant or assign his interest or estate in the land.
(b)    If waste is committed after an injunction to stay waste, the court shall ascertain the damage done by the waste, by affidavit or other proof as the court determines necessary, and may fine the defendant to the extent of double the damage ascertained. If the final judgment is in favor of the injured party the court may determine the amount to be paid to him and the remainder shall be applied as a fine. The court may imprison a person who does not comply with the order to pay and may issue execution in the name of the State for its collection.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-103 - Court-Ordered Sales

(a)    If a legal or equitable interest in land is sold under an execution sale, judicial sale, or foreclosure sale except a sale under Title 14, Chapter 200 of the Maryland Rules, and a deed is executed and delivered to the purchaser by the sheriff, trustee, agent, or other officer making the sale, the grantee in the deed, when recorded, is entitled to the same protection against the legal or equitable interests of persons not of record as is provided in this article for the benefit of grantees in deeds voluntarily executed, delivered, and recorded.
(b)    If there is a decree for the sale of any reversion in lands to which rent is incident, the court may order any rent in arrears to be sold with the estate and the purchaser may recover the rent by distress, entry, or action, as if he was owner of the estate when the rent accrued.
(c)    If a sale is made on credit, the court, on application of the mortgagee or creditor, may direct any bond taken in consequence of the sale to be assigned to the mortgagee or creditor and the assignee may sue on the bond in his own name.
(d)    The court may decree a sale of an equitable title in any case where a decree for the sale of the legal title could be passed. The purchaser of the equitable title has the same remedy for obtaining the legal title as the person whose equitable interest he purchased would have had if no sale had been made.
(e)    If property is sold pursuant to a judicial decree, all costs of the proceedings accruing up to and including the final ratification of the sale shall be paid prior to the final ratification of the first auditor’s account after the sale. The costs shall include the fees for recording all papers which are proper to be recorded by law. After payment of the costs, the clerk of the court shall record all the proper required papers.
(f)    (1)    In Baltimore City, if a foreclosure sale under a mortgage or a deed of trust of an interest in land is ratified, the person making the sale shall cause to be recorded in the land records a copy of the final order of ratification within 90 days of the date of the final order of ratification if:
(i)    The vendor and the purchaser are the same; and
(ii)    A deed is not recorded.
(2)    The copy of the final order of ratification shall include the name and address of the purchaser.
(3)    This subsection does not apply to a foreclosure that is subject to a stay issued by a court in a bankruptcy proceeding.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-104 - Division of Cost of Recordation Tax; Exceptions

(a)    In this section, “first-time Maryland home buyer” means an individual who has never owned in the State residential real property that has been the individual’s principal residence.
(b)    Except as provided in subsection (c) of this section, in every written or oral agreement for the sale or other disposition of property, it is presumed in the absence of a contrary provision in the agreement or the law, that the parties to the agreement intended that the cost of any recordation tax or any State or local transfer tax shall be shared equally between the grantor and grantee. This section does not apply to mortgages or deeds of trust.
(c)    (1)    The entire amount of recordation tax and local transfer tax shall be paid by the seller of improved, residential real property that is sold to a first-time Maryland home buyer who will occupy the property as a principal residence, unless there is an express agreement between the parties to the agreement that the recordation tax and local transfer tax will not be paid entirely by the seller.
(2)    The entire amount of State transfer tax shall be paid by the seller of improved, residential real property that is sold to a first-time Maryland home buyer who will occupy the property as a principal residence.
(3)    This subsection does not apply to tax sales of property under Title 14, Subtitle 8 of the Tax - Property Article.
(4)    If there are two or more grantees, this subsection does not apply unless each grantee is a first-time Maryland home buyer or a co-maker or guarantor of a purchase money mortgage or purchase money deed of trust as defined in § 12-108(i) of the Tax - Property Article for the property and the co-maker or guarantor will not occupy the residence as the co-maker’s or guarantor’s principal residence.
(5)    Paragraphs (1) and (2) of this subsection apply only if each grantee or an agent of the grantee provides a statement that is signed under oath by the grantee or agent of the grantee stating that:
(i)    1.    The grantee is a first-time Maryland home buyer as defined under subsection (a) of this section; and
2.    The residence will be occupied by the grantee as the grantee’s principal residence; or
(ii)    1.    The grantee is a co-maker or guarantor of a purchase money mortgage or purchase money deed of trust as defined in § 12-108(i) of the Tax - Property Article for the property; and
2.    The grantee will not occupy the residence as the co-maker’s or guarantor’s principal residence.
(6)    A statement under paragraph (5) of this subsection by an agent of a grantee shall state that the statement:
(i)    Is based on a diligent inquiry made by the agent with respect to the facts set forth in the statement; and
(ii)    Is true to the best of the knowledge, information, and belief of the agent.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-104.1 - Borrower's Right to Copy of Appraisal Made for Lender

If a bank, mortgage banker, savings and loan association, or any other lender has an appraisal made on residential real property to establish a market value for lending purposes, the lender shall give a copy of any written appraisal to the borrower on his request if the borrower pays the cost of the appraisal. The appraisal may be submitted to another lender if the original lender has rejected the borrower’s loan application.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-105 - When Real Estate Broker Entitled to Commission

In the absence of special agreement to the contrary, if a real estate broker employed to sell, buy, lease, or otherwise negotiate an estate, or a mortgage or loan secured by the property, procures in good faith a purchaser, vendor, lessor, lessee, mortgagor, mortgagee, borrower, or lender, as the case may be, and the person procured is accepted by the employer and enters into a valid, binding, and enforceable written contract, in terms acceptable to the employer, of a sale, purchase, lease, mortgage, loan, or other contract, as the case may be, and the contract is accepted by the employer and signed by him, the broker is deemed to have earned the customary or agreed commission. He has earned the commission regardless of whether or not the contract entered into is performed, unless the performance of the contract is prevented, hindered, or delayed by any act of the broker.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-106 - Accountability to Cotenant for Rent Received From Third Party

A tenant in common or a joint tenant who receives rent from a third party for the use and enjoyment of the property is accountable to any cotenant for that portion of the rent over and above his proportionate share.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-108 - Quieting Title

(a)    Any person in actual peaceable possession of property, or, if the property is vacant and unoccupied, in constructive and peaceable possession of it, either under color of title or claim of right by reason of the person or the person’s predecessor’s adverse possession for the statutory period, when the person’s title to the property is denied or disputed, or when any other person claims, of record or otherwise to own the property, or any part of it, or to hold any lien encumbrance on it, regardless of whether or not the hostile outstanding claim is being actively asserted, and if an action at law or proceeding in equity is not pending to enforce or test the validity of the title, lien, encumbrance, or other adverse claim, the person may maintain a suit in accordance with Subtitle 6 of this title in the circuit court for the county where the property or any part of the property is located to quiet or remove any cloud from the title, or determine any adverse claim.
(b)    The proceeding shall be deemed in rem or quasi in rem so long as the only relief sought is a decree that the plaintiff has absolute ownership and the right of disposition of the property, and an injunction against the assertion by the person named as the party defendant, of the person’s claim by any action at law or otherwise. Any person who appears of record, or claims to have a hostile outstanding right, shall be made a defendant in the proceedings.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-108.1 - Action for Possession

(a)    This section does not apply to:
(1)    A grantee action under § 14–109 of this subtitle;
(2)    A landlord–tenant action that is within the exclusive original jurisdiction of the District Court;
(3)    An action for nonpayment of ground rent under a ground lease on residential property that is or was used, intended to be used, or authorized to be used for four or fewer dwelling units; or
(4)    An action for wrongful detainer under § 14–132 of this subtitle.
(b)    (1)    A person who is not in possession of property and claims title and right to possession may bring an action for possession against the person in possession of the property.
(2)    Encumbrance of property by a mortgage or deed of trust to secure a debt does not prevent an action under this section by the owner of the property.
(c)    When personal jurisdiction is not obtained over the defendant, the plaintiff may obtain a default judgment under the Maryland Rules only on proof of title and right to possession. The judgment shall be in rem for possession of the property. Entry and enforcement of the judgment does not bar further pursuit, in the same or another action, of the plaintiff’s claim for mesne profits and damages.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-109 - Ejectment When Grantor Remains in Possession After Delivery of Deed and in Violation of Agreement

(a)    The District Court has jurisdiction in any case in which it appears that the grantor has remained in possession of the property, in violation of a written agreement to deliver possession at a time stated in the agreement, after delivery of a deed for the property. If the grantor fails or refuses to surrender the premises in accordance with the agreement, the grantee may complain in writing to the District Court in the county where the premises are located. The court immediately shall issue a summons to the grantor commanding him to appear on the day named to show cause why possession of the premises in dispute should not be granted to the grantee. Notwithstanding any contrary provision of law or local law, if the court finds that the facts set forth in the complaint are true, it shall give judgment for immediate possession, and the court shall issue its warrant to the sheriff commanding him to deliver possession of the premises to the grantee.
(b)    Any person who feels aggrieved by a judgment under the provisions of this section, may appeal on giving notice within ten days after the judgment is given. If the appellant is the grantor, the notice of appeal shall be accompanied by an affidavit, that an appeal is not taken for delay, and by a bond. The bond shall be conditioned that he will prosecute the appeal with effect, and will pay all costs in the case before the District Court and appellate court if judgment is in favor of the grantee, and all loss or damage which the grantee suffers by reason of the grantor’s remaining in possession. The bond also shall provide that the grantor may retain possession of the premises until the determination of the appeal.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-110 - Sale, Lease, or Mortgage of Property Subject to Remainder or Vested or Contingent Interest; Virtual Representation

(a)    If any person is entitled to an estate for life or years or to an estate tail, fee simple, conditional, base or qualified fee, or any other particular, limited, or conditional estate in property, and any other person is entitled to a vested or contingent remainder, executory devise, or any other vested or contingent interest in the same property, on application of any of the parties in interest and if all parties in being are parties to the proceeding, a court of equity may decree a sale, lease, or mortgage if it appears to be advantageous to the parties concerned. The court shall direct the investment of the proceeds of the sale, mortgage, or limitations of the reversion and rent as the case may be, so these inure to the use of the same parties who would be entitled to it if the property is sold, leased, or mortgaged.
(b)    If every person who would be entitled to the property if the contingency happened at the date of the decree is a party, the decree binds every person whether he is in being or not, who claims or may claim any interest in the property under any party to the decree, under any person from whom any party to the decree claims, or under the original deed or will by which the particular, limited, or conditional estate, with remainders or executory devises, is created. Any mortgage executed pursuant to the decree binds the property so mortgaged of every person, whether in being or not.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-111 - Survey Markers

(a)    Each individual licensed to practice land surveying or property line surveying under the Maryland Professional Land Surveyors Act shall use the type of stake, marker, monument, or other landmark designated by the State Board for Professional Land Surveyors.
(b)    Any person who willfully obliterates, damages, or removes any stake, marker, monument, or other landmark set in the property of another person by any civil engineer, surveyor, or real estate appraiser or any of their assistants, except if the stake, marker, monument, or other landmark interferes with the proper use of the property, is guilty of a misdemeanor and on conviction shall be fined not more than $2,500.
(c)    If there is a dispute over any boundary line or if the bounds mentioned in a document are lost, on petition of any party in interest, the circuit court of the county where the property lies may establish the boundary lines or the location of the missing bounds. The court may appoint engineers, surveyors, or other experts to assist the court in its determination, and the fees of the experts are costs in the proceeding.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-112 - Power of Person Taking Title to Property in Representative or Fiduciary Capacity

(a)    In this section, “trustee” includes any escrowee, agent, attorney, representative, or fiduciary.
(b)    If any person holds or takes title to property in the capacity of trustee and the beneficiary is not designated in the instrument by which the trustee takes title or in another instrument signed by the grantor and previously recorded, then the trustee and his personal representative have the power to grant, encumber, or otherwise dispose of the property, except to the extent the power is limited by the term of the grant to the trustee or in another instrument signed by his grantor and previously recorded, unless an instrument signed by the trustee which designates the beneficiary is recorded prior to disposition by the trustee.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-113 - Validity of Certain Deeds of Maryland Corporations

(a)    Any deed by a Maryland corporation, having an effective date before October 1, 2018, containing a certification by the person executing the deed on behalf of the corporation to the effect that the grant is not part of a transaction in which there is a sale, lease, exchange, or other transfer of all or substantially all of the property and assets of the corporation, shall be considered valid and effective whether or not there has been compliance with the procedures of Title 3, Subtitle 1 of the Corporations and Associations Article despite the fact the grant is in fact part of such a transaction.
(b)    Any deed by a Maryland corporation, executed and recorded before January 1, 1979 is not invalid solely because of noncompliance with those procedures unless proceedings to set the deed aside were commenced on or before July 1, 1979.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-114 - Penalty for Reentry After Eviction by Writ of Possession

If a party evicted by a writ of possession reenters on the property without the consent of the purchaser, he is guilty of a misdemeanor. On conviction, he is subject to a fine not exceeding $100, or imprisonment not exceeding 60 days, or both.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-115 - British Statutes

Except to the extent that any of the British statutes in force in the State on July 4, 1776 which have been enacted by the General Assembly of Maryland are contained elsewhere in the Code, the following British statutes are no longer in force in the State:
9 Henry III, Ch. 7
9 Henry III, Ch. 8
9 Henry III, Ch. 18
20 Henry III, Ch. 1
20 Henry III, Ch. 2
20 Henry III, Ch. 9
51 Henry III, Stat. 4
52 Henry III, Ch. 4
52 Henry III, Ch. 15
52 Henry III, Ch. 23
3 Edward I, Ch. 16
3 Edward I, Ch. 17
3 Edward I, Ch. 49
4 Edward I, Stat. 3, Ch. 6
6 Edward I, Ch. 5
6 Edward I, Ch. 7
13 Edward I, Stat. 1, Ch. 2
13 Edward I, Stat. 1, Ch. 3
13 Edward I, Stat. 1, Ch. 4
13 Edward I, Stat. 1, Ch. 7
13 Edward I, Stat. 1, Ch. 14
13 Edward I, Stat. 1, Ch. 15
13 Edward I, Stat. 1, Ch. 22
13 Edward I, Stat. 1, Ch. 24
13 Edward I, Stat. 1, Ch. 31
13 Edward I, Stat. 1, Ch. 37
33 Edward I, Stat. 6
17 Edward II, Stat. 1, Ch. 9
17 Edward II, Stat. 1, Ch. 10
25 Edward III, Stat. 5, Ch. 17
9 Richard II, Ch. 3
11 Henry VI, Ch. 5
1 Richard III, Ch. 1
3 Henry VII, Ch. 4
11 Henry VII, Ch. 20
19 Henry VII, Ch. 9
7 Henry VIII, Ch. 4
21 Henry VIII, Ch. 4
21 Henry VIII, Ch. 5
21 Henry VIII, Ch. 19
23 Henry VIII, Ch. 14
27 Henry VIII, Ch. 10
31 Henry VIII, Ch. 1
32 Henry VIII, Ch. 9
32 Henry VIII, Ch. 28
32 Henry VIII, Ch. 32
32 Henry VIII, Ch. 33
32 Henry VIII, Ch. 34
32 Henry VIII, Ch. 37
1 & 2 Phillip and Mary, Ch. 12
13 Elizabeth, Ch. 5
27 Elizabeth, Ch. 4
43 Elizabeth, Ch. 8
21 James I, Ch. 15
21 James I, Ch. 16
12 Charles II, Ch. 24
17 Charles II, Ch. 7
19 Charles II, Ch. 6
29 Charles II, Ch. 3
30 Charles II, Ch. 7
2 William and Mary, Ch. 5
3 & 4 William and Mary, Ch. 14
4 & 5 William and Mary, Ch. 16
4 & 5 William and Mary, Ch. 20
4 & 5 William and Mary, Ch. 24
8 & 9 William III, Ch. 31
10 and 11 William III, Ch. 16
4 Anne, Ch. 16, Secs. 9, 10 and 27
6 Anne, Ch. 18
7 Anne, Ch. 19
8 Anne, Ch. 14
4 George II, Ch. 10
4 George II, Ch. 28
5 George II, Ch. 7
6 George II, Ch. 14
7 George II, Ch. 20
11 George II, Ch. 19
25 George II, Ch. 6
29 George II, Ch. 31
11 George III, Ch. 20
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-115.1 - Director of Department of Finance to Be Recipient of Notice or Other Legal Document

With regard to any property owned or acquired by any means by the Mayor and City Council of Baltimore that is subject to a ground rent, any bill, notice, or other document for legal or other action shall be sent to the Director, Baltimore City Department of Finance.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-117.1 - Deferred Water and Sewer Charges Homeowner Disclosure Act of 2014 -- Prince George's County

(a)    This section applies only to existing single–family residential real property in Prince George’s County.
(b)    A person or entity that imposes a deferred water and sewer charge shall include with each bill a statement that includes:
(1)    The amount of the annual assessment;
(2)    The approximate number of payments remaining on the assessment;
(3)    The amount remaining on the assessment, including interest;
(4)    The name and address of the person or entity most recently responsible for collection of the assessment;
(5)    The method used to compute the deferred water and sewer charge on the property;
(6)    The interest rate on the assessment;
(7)    The estimated payoff amount of the assessment; and
(8)    A statement that payoff of the assessment is allowed without prepayment penalty.
(c)    The balance owed on a deferred water and sewer assessment may be redeemed at the present value of the assessment.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-118 - Immunity From Liability for Officers and Directors of Homeowners Associations, Condominiums, and Cooperative Housing Corporations

(a)    (1)    In this section, “governing body” means a person who has the authority to enforce:
(i)    The provisions of a declaration, as defined under § 11–103 of the Maryland Condominium Act;
(ii)    Articles of incorporation of a council of unit owners, of a cooperative housing corporation as defined under the Maryland Cooperative Housing Corporation Act, or of a homeowners association, as defined under the Maryland Homeowners Association Act; or
(iii)    The provisions of bylaws, rules, and regulations of a condominium, as defined under the Maryland Condominium Act, of a cooperative housing corporation as defined under the Maryland Cooperative Housing Corporation Act, or of a homeowners association, as defined under the Maryland Homeowners Association Act.
(2)    “Governing body” includes:
(i)    A homeowners association, as defined under the Maryland Homeowners Association Act;
(ii)    A council of unit owners of a condominium, as described in the Maryland Condominium Act; or
(iii)    A cooperative housing corporation.
(b)    A person sustaining an injury as a result of the tortious act of an officer or director of a governing body while the officer or director is acting within the scope of the officer’s or director’s duties may recover only in an action brought against the governing body for the damages described under § 5–422(b) of the Courts and Judicial Proceedings Article.
(c)    In a proceeding against a governing body, a director or officer of a governing body shall have the immunity from liability described under § 5–422(c) of the Courts and Judicial Proceedings Article.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-119 - Cemeteries Located in Carroll County

(a)    In this section:
(1)    “Cemetery” means the land or structures in Carroll County identified by the Carroll County Genealogical Society that are used for the interment of human remains; and
(2)    “Cemetery” includes a grave, burial ground, monument, or gravestone.
(b)    This section does not apply to a permanent cemetery that is owned by:
(1)    A cemetery company regulated under Title 5 of the Business Regulation Article;
(2)    A nonprofit organization; or
(3)    A governmental unit within the State.
(c)    A person who owns land in Carroll County on which all or a part of a cemetery is located shall:
(1)    Record the location of the cemetery without using a survey in the Office of the Clerk of the Circuit Court for Carroll County; and
(2)    Give written notice of the location of the cemetery without using a survey to any prospective buyer of the land.
(d)    A person who removes any human remains, monument, or gravestone from a cemetery located on land in Carroll County shall:
(1)    Comply with § 10-402 or § 10-404 of the Criminal Law Article;
(2)    Place the human remains, monument, or gravestone in a permanent cemetery in Carroll County; and
(3)    Record the new location of the human remains, monument, or gravestone in the Office of the Clerk of the Circuit Court for Carroll County.
(e)    The Clerk of the Circuit Court for Carroll County shall index and file documents received under this section in the land records under the grantor index.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-121.1 - Proper Treatment of Burial Site in Existence for More Than 50 Years

(a)    In this section, “burial site” has the meaning stated in § 14–121 of this subtitle.
(b)    An owner of a burial site or of the land encompassing a burial site that has been in existence for more than 50 years and in which the majority of the persons interred in the burial site have been interred for more than 50 years shall consult with the Director of the Maryland Historical Trust about the proper treatment of markers, human remains, and the environment surrounding the burial site.
(c)    Advice provided by the Maryland Historical Trust under this section is not binding on the owner of the burial site.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-122 - Burial Sites -- County or Municipal Maintenance; Funding

(a)    In this section, “burial site” means any natural or prepared physical location, whether originally below, on, or above the surface of the earth into which human remains are deposited as a part of a death rite or ceremony of any culture, religion, or group.
(b)    Any county or municipal corporation that has within its jurisdiction a burial site in need of repair or maintenance may, upon the request of the owner or with permission of the owner of the burial site in need of repair or maintenance, maintain and preserve the burial site for the owner.
(c)    In order to maintain and preserve a burial site or to repair or restore fences, tombs, monuments, or other structures located in a burial site, a county or municipal corporation may:
(1)    Appropriate money and solicit donations from individuals or public or private corporations;
(2)    Provide incentives for charitable organizations or community groups to donate their services; and
(3)    Develop a community service program through which individuals required to perform community service hours under a sentence of a court or students may satisfy community service requirements or volunteer their services.
2023 Maryland Statutes › Real Property › Title 14 - Miscellaneous Rules › Subtitle 1 - Miscellaneous Rules › Section 14-127 - Real Estate Settlements

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Consideration” includes:
(i)    A fee;
(ii)    Compensation;
(iii)    A gift, except promotional or advertising materials for general distribution;
(iv)    A thing of value;
(v)    A rebate;
(vi)    A loan; or
(vii)    An advancement of a commission or deposit money.
(3)    “License” has the meaning stated in § 10–101 of the Insurance Article.
(4)    “Residential real estate transaction” means a transaction involving a federally related mortgage loan as defined in 12 U.S.C. § 2602 and 12 C.F.R. § 1024.2.
(5)    “Title insurance producer” has the meaning stated in § 10–101 of the Insurance Article.
(b)    This section does not prohibit:
(1)    The payment of a commission to a title insurance producer who has a license; or
(2)    The referral of a real estate settlement business or a professional fee arrangement between attorneys, if the referral or professional fee arrangement does not violate § 17–605 of the Business Occupations and Professions Article.
(c)    (1)    A person who has a connection with the settlement of real estate transactions involving land in the State may not pay to or receive from another any consideration to solicit, obtain, retain, or arrange real estate settlement business.
(2)    A person may not be considered to be in violation of paragraph (1) of this subsection solely because that person is a participant in an affiliated business arrangement, as defined in 12 U.S.C. § 2602, and receives consideration as a result of that participation as long as that person complies with 12 U.S.C. § 2607(c)(4), 12 C.F.R. § 1024.15, and Appendix D to 12 C.F.R. Part 1024.
(d)    A person who offers settlement services in connection with residential real estate transactions involving land in the State shall comply with 12 U.S.C. § 2607(c)(4), 12 C.F.R. § 1024.15, and Appendix D to 12 C.F.R. Part 1024, as applicable, regarding disclosures of affiliated business arrangements, as defined in 12 U.S.C. § 2602.
(e)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
(f)    Each violation of this section is a separate violation.