Md. Code, Real Property, Title 13

Md. Code, Real Property, Title 13
in effect

Md. Code, Real Property § 13-101

(a) In this title the following words have the meanings indicated unless otherwise apparent from context. (b) “Abandoned land” means land that has boundaries that are located within or contiguous to land owned and managed by the Department of Natural Resources: (1) For which no property tax payment has been made within 20 years immediately preceding the date of an application for a certificate of reservation for public use by a unit of State government; and (2) Which has not been actually possessed by a person, under claim of title or otherwise, for a continuous period of 20 years immediately preceding the date of an application for a certificate of reservation for public use by a unit of State government. (c) “Certificate of reservation” means a certificate issued by the Commissioner at the request of a governmental body upon a determination that vacant land or abandoned land exists and the governmental body wishes to reserve the land for public use. (d) “Commission” means the Hall of Records Commission. (e) “Commissioner” means the State Archivist who, while performing the duties and exercising the powers provided in this title, is known as the “Commissioner of Land Patents”. (f) “Expense” includes any charge, cost, deposit, fee, or tax incurred in connection with a land patent proceeding. (g) “Governmental body” includes any unit of State government, any county or municipal corporation, or any agency or instrumentality of any county or municipal corporation. (h) (1) “Land” means any area of land in the State, including any two or more areas of land with a common boundary for at least part of their perimeters. (2) “Land” includes vacant land and abandoned land. (3) “Land” does not include any area covered by navigable water unless it was included in a patent issued before March 3, 1862. (i) “Mail” means to deposit in the United States mails, postage prepaid, endorsed “Restricted Delivery –– Return Receipt Requested”. (j) “Patent” means: (1) Any grant confirmed by Article 5 of the Declaration of Rights of the Maryland Constitution; (2) Any valid grant made under prior law by the State of its interests in any vacant, resurveyed, escheat, or confiscated land; or (3) Any grant made under this title by the State of its interest in any land. (k) “Public use” means use by or for the benefit of the public. (l) “Survey”, whether used as a noun or as a verb in any form or tense, means: (1) The act of surveying any vacant land in order to obtain a patent for the land; or (2) The act of resurveying any land for which a patent previously was issued in order to obtain a new patent for the land. (m) “Surveyor” means any professional land surveyor or property line surveyor licensed under the Maryland Professional Land Surveyors Act. (n) “Vacant land” means land for which a patent never has been issued or for which the applicant believes that a patent never has been issued. (o) “Verify” means to state in writing, under penalties of perjury, that the matters and facts set forth in the document to which the statement relates are true and complete to the best of the knowledge, information, and belief of the person making the statement.

Md. Code, Real Property § 13-102

(a) The purposes of land patent proceedings are to: (1) Avoid uncertainties caused by the existence of vacant land, by promptly ruling on the claim of a patent applicant; (2) Give governmental bodies priority in reserving vacant land for public use; and (3) In the absence of public need, benefit the community by expanding the tax base as previously untaxed, vacant land is recognized and made to contribute its rightful share towards financing government. (b) It is the intention of the General Assembly, therefore, that the State’s land patent proceedings provide a simple, convenient, and prompt method for reserving vacant land for the public use of governmental bodies, for promoting private ownership of vacant land and, in certain instances, for clarifying the ownership of land previously patented.

Md. Code, Real Property § 13-104

In the manner and to the extent provided in this title, any person may: (1) Obtain a patent for vacant land; and (2) Obtain a patent for land that was previously patented and is owned in fee simple by the person, notwithstanding the existence of any mortgage, deed of trust, easement, right-of-way, or similar interest.

Md. Code, Real Property § 13-105

Any willful and false verification, oath, or affirmation made in any hearing before the Commissioner or in any application, certification, or other document filed in a patent proceeding is subject to the penalties of perjury.

Md. Code, Real Property § 13-106

(a) (1) A governmental body may reserve vacant land or abandoned land by obtaining from the Commissioner a certificate of reservation for public use. (2) Except as otherwise provided, the provisions of this title applicable to the granting of land patents are applicable to the granting of certificates of reservation. (b) (1) In order to reserve vacant land or abandoned land for public use, a unit of State government must notify and obtain the approval of the Board of Public Works. (2) If the Board approves the request, the unit shall immediately apply for a certificate of reservation. (c) (1) (i) The application of a governmental body for a certificate of reservation takes precedence over an application of a person for a patent to all or part of the same land. (ii) The application of a unit of State government takes precedence over the application of any other governmental body. (2) As a condition of granting a certificate of reservation, the Commissioner may order a governmental body to pay the reasonable expenses of a person whose application for a patent has been superseded. (d) If no objection to an application for a reservation of land is filed and the Commissioner determines that a vacancy exists, the Commissioner may decide the matter without holding a hearing. (e) (1) A certificate of reservation remains in effect: (i) Until the Board of Public Works or, in the case of a governmental body other than a unit of State government, the appropriate local authority determines that the land is no longer needed for public use by the governmental body and notifies the Commissioner of this determination; or (ii) With respect to abandoned land, until a unit of State government or a court of competent jurisdiction determines that a person who has claimed legal title to the land has established legal title to the land. (2) (i) Upon application by another governmental body, the Commissioner may transfer the certificate to that body with the approval of the Board of Public Works or the appropriate local authority, as the case may be. (ii) In the absence of such a transfer, the Commissioner may issue a patent for the land in accordance with the applicable procedures of this title.

Md. Code, Real Property § 13-107

(a) In this section, “claimant” means a person who claims legal title to abandoned land for which a certificate of reservation for public use has been issued. (b) If abandoned land was patented prior to the issuance of a certificate of reservation for public use by a unit of State government, a claimant may file a written claim for legal title to the land with the unit of State government that reserved the land for public use. (c) If the unit of State government that reserved the land for public use determines that the claimant has legal title to the land, the unit of State government shall: (1) Pay the claimant fair market value for the land, as determined by the lower of two independent appraisals of the land; or (2) Notify the Commissioner that the land is no longer needed for public use. (d) Any action taken by a unit of State government under subsection (c) of this section is subject to approval by the Board of Public Works. (e) (1) If a unit of State government that reserved land for public use determines that a claimant does not have legal title to the land, the unit of State government shall issue a written denial of the claimant’s claim. (2) A claimant who is aggrieved by the denial of a claim under this section may file an action in the circuit court of the jurisdiction in which the land is located to quiet title to the land. (f) A claim under this section is barred unless the claimant files the claim within 20 years after the date that the unit of State government obtains a certificate of reservation for public use of the land.

Md. Code, Real Property § 13-201

(a) The Commissioner of Land Patents shall administer this title and, in the manner provided in it, issue all patents. (b) The Commissioner may appoint any person to assist in the performance of the duties imposed by this title.

Md. Code, Real Property § 13-202

In administering this title: (1) The Commissioner shall: (i) Determine whether a patent may be issued under this title; and (ii) Adopt a seal for land patent proceedings; and (2) The Commissioner may: (i) Administer oaths and affirmations in land patent proceedings; and (ii) Do anything else necessary to carry out the provisions of this title.

Md. Code, Real Property § 13-203

(a) After consultation with the Commission and a committee of three clerks, the Commissioner shall adopt regulations to carry out the provisions of this title. (b) (1) The committee of clerks shall be selected by the State of Maryland Court Clerks Association. They shall serve until their successors are selected. (2) The clerks may not receive any additional compensation for serving on the committee, but shall be entitled to reimbursement for their expenses from the fees of their office, in accordance with the regulations governing reimbursement of expenses incurred for attendance at meetings of appointed committees of the Association.

Md. Code, Real Property § 13-204

(a) (1) The Commissioner has custody of and shall maintain all records relating to the application for and issuance of patents. For this purpose, the Commissioner may require the clerk of any court to produce, at the expense of the Commissioner, true copies of any land records maintained by that clerk. (2) On request of any person, the Commissioner shall certify a copy of any land patent record he maintains. (3) The Commissioner shall provide for the preservation, indexing, filming, and publication of the patent records in his custody. (b) The Commissioner shall maintain a patent docket and a separate index for that docket. (c) In accordance with § 13-203 of this subtitle, the Commissioner shall adopt regulations to govern the use, preservation, repair, and maintenance of the patent records and patent docket.

Md. Code, Real Property § 13-205

In accordance with the procedures of § 13-203 of this subtitle for adopting regulations, the Commissioner shall adopt a schedule of costs to be charged by the Commissioner.

Md. Code, Real Property § 13-206

(a) The Commissioner annually shall complete and mail to the supervisors of assessments a list of any certificates that have become ready for patent. (b) Except as otherwise provided in subsection (c) of this section, the list shall contain: (1) The description or name of the land; (2) The quantity of land; and (3) The person who is entitled to patent. (c) If the list contains certificates adding vacant land to any original tract, in addition to the information required under subsection (b) of this section, the list shall contain: (1) The description or name of the original tract; and (2) The quantity of vacancy added.

Md. Code, Real Property § 13-301

A proceeding to obtain a patent is commenced by filing with the Commissioner an application for: (1) A warrant to survey any vacant land; or (2) A warrant to resurvey any land owned in fee simple by the applicant, which warrant may include any vacant land adjoining land owned in fee simple by the applicant.

Md. Code, Real Property § 13-302

(a) The application 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) Each county and election district in which any portion of the land for which the patent is sought is located; (4) As to the land for which the patent is sought, a description of any vacant land, which description need not be referenced by metes and bounds, and a separate description of any land owned by the applicant, each of which descriptions: (i) Shall include the estimated area covered by it; and (ii) Shall be made by specific reference to the names and addresses of the owners of each adjoining tract or parcel of land; (5) If a warrant to resurvey is requested, an officially certified copy of the instrument by which the applicant acquired fee-simple title and, if the instrument does not contain a metes-and-bounds description of the land, an officially certified copy of the last instrument in the chain of title of the applicant which contains that description; (6) As to the land described in the application, the name and address of: (i) Each person or governmental body that, to the best of the knowledge, information, and belief of all persons signing the application, possesses any portion of the land under claim of title; (ii) Each person who, to the best of the knowledge, information, and belief of all persons signing the application, possesses any portion of the land under claim of ownership in a manner that, either directly or by tacking, is actual, open, notorious, exclusive, and continuous and uninterrupted for the 20 years immediately preceding the date of filing the application; and (iii) The State or any agency of the State that, to the best of the knowledge, information, and belief of all persons signing the application, uses any portion of the land for public purposes or claims that any portion of the land is required for public purposes; (7) A statement that, except for those named under item (6) of this subsection, to the best of the knowledge, information, and belief of all persons signing the application: (i) No person or governmental body possesses any portion of the land under claim of title; (ii) No person possesses any portion of the land under claim of ownership in a manner that, either directly or by tacking, is actual, open, notorious, exclusive, and continuous and uninterrupted for the 20 years immediately preceding the date of filing the application; and (iii) Neither the State nor any agency of the State uses any portion of the land for public purposes or claims that any portion of the land is required for public purposes; (8) The name and address of the surveyor to whom the warrant is to be directed, together with a description of any family, business, or financial relationship between the surveyor and all persons signing the application; (9) Any name to be given the land to be surveyed; (10) Any other information the Commissioner requires under a rule or regulation adopted under § 13-203 of this title; and (11) A request for the issuance of a warrant to survey or a warrant to resurvey and the subsequent issuance of a patent for the land described in the application. (b) The application shall be signed and verified by the applicant and by each person required to be named under subsection (a)(2) of this section.

Md. Code, Real Property § 13-303

(a) (1) At any stage of a proceeding under this title, if an applicant dies or assigns his rights in the application, warrant, certificate of survey, or land described in the application, the assignee, personal representative, heir, or legatee of the applicant may request that he be substituted for the applicant. (2) On filing a request for substitution in the proper form, the person making the request shall be substituted as the applicant for all purposes in the proceeding. (b) A request for substitution shall be in writing and contain: (1) The name and address of the person requesting substitution; (2) The name and address of each person, other than the person requesting substitution and those persons named in the original application, 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 person requesting substitution; (3) A statement of the manner by which the person requesting substitution succeeded to the rights of the original applicant; (4) The original or an officially certified copy of each document by which the succession of interest was effected; (5) A description of all changes in and required corrections of any of the statements and facts contained in the original application; (6) A statement that, except as described under item (5) of this subsection, the statements and facts contained in the original application are accurate and complete to the best of the knowledge, information, and belief of all persons signing the request; and (7) Any other information the Commissioner requires under a rule or regulation adopted under § 13-203 of this title. (c) The request for substitution shall be signed and verified by the person requesting substitution and by each person required to be named under subsection (b)(2) of this section.

Md. Code, Real Property § 13-304

Except as provided in §§ 13-302(b), 13-303(c), and 13-412(d) of this title, any papers filed in a proceeding by an applicant may be filed by an attorney for the applicant. Notice to an applicant may be given to the attorney who appears on behalf of the applicant.

Md. Code, Real Property § 13-305

(a) After receipt of an application in the proper form and payment of all costs required by law, the Commissioner shall enter the application on the patent docket. Each application shall be docketed in the order received by the Commissioner. (b) After an application is docketed, a warrant to survey or warrant to resurvey any of the land described in the application may not be issued on a subsequent application, unless: (1) The first application is withdrawn; or (2) The proceeding on the first application is terminated or abandoned as provided in this title.

Md. Code, Real Property § 13-306

(a) After the application is docketed, the Commissioner promptly shall issue his warrant and mail it to the surveyor named in the application. On return through the post office of the return receipt, the Commissioner shall notify the applicant of the date the surveyor received the warrant. (b) (1) In lieu of a survey conducted under a warrant issued by the Commissioner, the applicant may submit with an application a previously performed survey. (2) The Commissioner may accept the previously performed survey upon finding that the surveyor was a qualified professional land surveyor or property line surveyor, that the survey was conducted in accordance with standards prescribed by the Commissioner, and that adjoining landowners of record were given written notice of the survey. (3) In determining whether to accept a previously performed survey, the Commissioner may conduct a hearing. (4) Acceptance of a previously performed survey does not preclude an objector from raising any objection that might otherwise have been raised had the survey been performed pursuant to a warrant issued by the Commissioner. (c) With respect to an application for a certificate of reservation for public use of abandoned land, instead of a survey conducted under a warrant issued by the Commissioner, the applicant may submit a legal description of the land, provided that the legal description of the land is shown on a plat on file in the county land records.

Md. Code, Real Property § 13-307

(a) The warrant shall recite: (1) The name and address of the applicant; (2) The date when the application was docketed; (3) The nature of the request made in the application; and (4) A description of the land to be surveyed, as described in the application. (b) The warrant shall direct the surveyor to: (1) Within 30 days of receipt of the warrant, acknowledge its receipt in writing to the Commissioner; (2) Specify in the acknowledgement a date, time, and place for making the survey, which date may be no earlier than 10 days and no later than six months after the last publication of notice required by § 13-308 of this subtitle; (3) Lay out and survey the land as specified in the acknowledgement; (4) Prepare an accurate plat and metes-and-bounds description of the land to be surveyed; (5) In a resurvey that discloses an error in any previous survey, correct the error; (6) Compute the area of any land included within the description and plat; and (7) Within six months from the date the notice of warrant was last published, return his certificate of survey on these matters, together with all duplicates required by § 13-310(a)(1) of this subtitle, to the Commissioner. (c) The Commissioner shall sign the warrant and affix the seal for land patent proceedings to it.

Md. Code, Real Property § 13-308

(a) (1) On receipt of the surveyor’s acknowledgement of the warrant, the Commissioner shall mail a notice of the issuance of the warrant to: (i) The applicant; (ii) Each adjoining landowner named in the application under § 13-302(a)(4) of this subtitle; (iii) Each person, governmental body, or agency named in the application under § 13-302(a)(6) of this subtitle as having a claim to any portion of the land described in the application; (iv) The Division of State Documents; and (v) The Board of Public Works. (2) The notice shall include: (i) The information required by § 13-302(a)(4) of this subtitle; and (ii) The date, time, and place for making the survey, as specified by the surveyor under § 13-307(b)(2) of this subtitle. (b) Immediately on receipt of the notice, the Administrator of the Division of State Documents shall publish the notice in the next available two consecutive issues of the Maryland Register. The Commissioner shall place in the file of the applicant copies of the notice published in the Maryland Register and the dates of publication. (c) (1) Immediately on receipt of the notice, the applicant shall: (i) Have the notice published at least once a week for three successive weeks in a newspaper of general circulation in each county in which any portion of the land described in the warrant is located; and (ii) Request the sheriff of each county in which any portion of the land described in the warrant is located to post the information contained in the notice conspicuously on the land. (2) The sheriff of each county promptly shall comply with a request made under this subsection. (3) The applicant promptly shall file with the Commissioner a certificate of publication and a certificate of the sheriff evidencing the date of posting.

Md. Code, Real Property § 13-309

(a) (1) If the surveyor to whom a warrant is directed is unable or unwilling to perform the duties set out in the warrant, the applicant may request the Commissioner in writing for issuance of a substitute warrant to another surveyor chosen by the applicant. The request shall set forth in detail the reasons for requesting the substitute warrant. (2) On receipt of the request, the Commissioner may issue a substitute warrant to the successor surveyor. If notice of the original warrant was published under § 13-308 of this subtitle, further publication is not required. (3) The issuance of a substitute warrant does not extend the time for filing the certificate of survey. However, a request for extension may be filed under subsection (b) of this section. (b) (1) If the surveyor to whom an original or substitute warrant is directed is able and willing to perform the duties set out in the warrant but is unable to return his certificate in the time otherwise required by this subtitle, the applicant or the surveyor may request the Commissioner in writing for an extension of that time. The request shall set forth in detail the reasons for requesting the extension. (2) On receipt of the request, the Commissioner: (i) May extend the time for the return of the certificate; and (ii) Shall advise the applicant, the surveyor, and each objector in writing of his decision and the period of any extension granted.

Md. Code, Real Property § 13-310

(a) After the surveyor has completed the survey, the surveyor shall: (1) Prepare a certificate of survey and one additional duplicate certificate for each county in which any vacant land embraced within the survey is located; and (2) Return the certificate and all of these duplicates to the Commissioner in the time required by this subtitle. (b) The certificate of survey shall contain, as to all the land embraced within the survey: (1) A plat that meets the requirements of § 3–108(c) of this article and any rules or regulations adopted under this title; (2) A description of any vacant land and a separate description of any land owned by the applicant, each of which descriptions: (i) Shall include the area covered by it; and (ii) Shall be referenced to adjoining tracts in the manner generally accepted in the profession of land surveying; (3) A statement of the character and condition of any improvements on the land, or a statement that no improvements exist; and (4) A certification by the surveyor that the surveyor: (i) Actually has run and measured on the land the distance of each boundary; and (ii) Has complied with all the requirements of this subsection. (c) The certificate and all duplicates shall be signed and verified by the surveyor. (d) If the surveyor fails to return the certificate and all duplicates in the time required by this subtitle, the Commissioner shall dismiss the application and enter an order of termination in the proceeding.

Md. Code, Real Property § 13-311

(a) The Commissioner shall examine the certificate of survey, each duplicate certificate, and the plat returned by the surveyor. If any certificate, duplicate, or plat is found to be incorrect or incomplete, the Commissioner promptly shall return it to the surveyor for immediate completion or appropriate amendment. (b) If the certificate, duplicates, and plat appear to comply with the requirements of § 13-310 of this subtitle, the Commissioner shall: (1) File the certificate and plat in the proceeding; and (2) Promptly mail a notice of the return of the certificate of survey to: (i) Each party to the proceeding; and (ii) Each other person, including any potential objector, who has requested the Commissioner in writing for this notice.

Md. Code, Real Property § 13-312

All expenses of the surveyor shall be paid directly to the surveyor by the applicant and are not part of the costs or expenses of the proceeding before the Commissioner.

Md. Code, Real Property § 13-313

(a) When a certificate of survey embracing any vacant land is filed, the Commissioner shall forward one of the duplicate certificates returned by the surveyor to the supervisor of assessments for each county in which the land is located. (b) Except as provided in subsection (d) of this section, within 30 days of receipt of the duplicate certificate, the supervisor shall have two assessors: (1) Independently of each other, inspect and assess the actual fair market value of the vacant land and any improvements on it; (2) Endorse the duplicate certificate with their joint determination of the assessed value of the vacant land and improvements; (3) Prepare a statement of the reasons for the valuation; (4) Sign and verify the endorsed duplicate certificate and the statement; and (5) Return the endorsed duplicate certificate and the statement to the Commissioner. (c) (1) Except as provided in paragraph (2) of this subsection, the purchase price for the vacant land shall be the assessed value of the land in the county or, if located in more than one county, the sum of the assessed values of the land in each county, as determined by the assessors under subsection (b) of this section, less all expenses of the surveyor, reasonable attorney’s fees, and costs charged by the Commissioner. (2) In a hearing before the Commissioner or in any proceeding for declaratory relief under this title, the applicant may present evidence that the assessed value of the vacant land is less than that established under paragraph (1) of this subsection. In this case, the final judgment of the Commissioner or the circuit court, as the case may be, shall set the purchase price for the vacant land at any amount, not exceeding that established under paragraph (1) of this subsection, which the Commissioner or the court, based on the endorsed duplicate certificate and statement of the assessors and any other satisfactory evidence presented in the matter, determines to be the proper assessed value of the land. The determination of the Commissioner or the court is subject to appeal only as provided in § 13-410(b) of this title. (d) In the case of an application by a governmental body for a certificate of reservation, the supervisor of assessments is not required to assess the value of the land.

Md. Code, Real Property § 13-401

The following persons may file an objection to the granting of a patent for all or any portion of the land described in the application: (1) Any person or governmental body with prior title to any portion of the land, except that, if the land is land for which a patent never has been issued, the State and its agencies may object only in accordance with item (3) of this section; (2) Any person who possesses any portion of the land under claim of ownership in a manner that, either directly or by tacking, is actual, open, notorious, exclusive, and continuous and uninterrupted for the 20 years immediately preceding the date of filing the application; and (3) The State or any agency of the State that requires any portion of the land for public purposes.

Md. Code, Real Property § 13-402

(a) Each objection in a proceeding shall be filed with the Commissioner: (1) After the filing of the application for a warrant; and (2) Within the later to occur of: (i) Six months after the issuance of the warrant; or (ii) 60 days after the surveyor returns the certificate of survey under this title. (b) Each objection shall be in writing and contain: (1) The name and address of the objector; (2) A description of that portion of the land to which the objection applies, referenced to the description contained in the certificate of survey and accompanying plat; (3) The reasons for the objection; (4) All available documentary and factual information necessary to support the claim of the objector; (5) If the objection is made by a person claiming ownership under § 13–401(2) of this subtitle: (i) The name and current address of each person that has possessed the land under claim of ownership in the manner described in § 13–401(2) of this subtitle; (ii) The term of each possession; and (iii) Any physical signs that accompanied each possession; and (6) If the objection is made by the State or any agency of the State claiming public use under § 13–401(3) of this subtitle: (i) A statement of the particular public purpose for which the land is required; (ii) A description of a clear and compelling need for the land; (iii) The anticipated date when the land will be used for the specified public purpose; and (iv) A statement of whether the land adjoins any land already held by the objector. (c) Each objection shall be signed and verified by the objector and contain a certification that a copy of the objection was forwarded, at the address on record with the Commissioner, to: (1) The applicant; (2) Each other party in the proceeding; and (3) Each other person entitled to notice under § 13–404(b) of this subtitle. (d) If any information required by this section is unavailable when the objection is filed, it may be included in an amendment to the objection, if the amendment is filed in advance of any hearing before the Commissioner or any proceeding for declaratory relief.

Md. Code, Real Property § 13-403

Any information, matter, or claim required by § 13-402 of this subtitle to be in an objection is waived if not raised in the objection or in an amendment to it in advance of any hearing before the Commissioner or any proceeding for declaratory relief.

Md. Code, Real Property § 13-404

(a) Any person, governmental body, or agency that files an objection under this subtitle becomes a party to the proceeding as of the date the objection is filed. After that date, the Commissioner and each party to the proceeding shall give the objector notice of any action taken by them in connection with the proceeding. (b) Any owner of land adjoining the land described in the application, without filing an objection, may request the Commissioner in writing for notice of actions taken in connection with the proceeding. After receipt of the request, the Commissioner and each party to the proceeding shall give the adjoining landowner notice of any action taken by them in connection with the proceeding. (c) As soon as they are known to the Commissioner, the Commissioner shall provide each party to the proceeding with the name and address of each other party and of each adjoining landowner requesting notice.

Md. Code, Real Property § 13-405

(a) Except as otherwise provided in this section, the Commissioner shall hold a hearing under § 13-406 of this subtitle to determine whether to issue a patent to the applicant. (b) (1) Within 30 days after the expiration of the period for filing objections, any party to the proceeding may request the Commissioner in writing for referral of the proceeding to the circuit court for declaratory relief under § 13-407 of this subtitle. The request shall set forth in detail the reasons for requesting the referral. (2) Each request shall be signed and verified by the person making the request and contain a certification that a copy of the request was forwarded, at the address on record with the Commissioner, to: (i) Each other party to the proceeding; and (ii) Each other person entitled to notice under this title. (c) (1) The Commissioner shall consider any request for referral filed under this section. Promptly after the expiration of the period for filing requests, the Commissioner may: (i) Notwithstanding any request for referral, order that the proceeding be set for a hearing before the Commissioner under § 13-406 of this subtitle; or (ii) On request for referral or on the Commissioner’s own initiative, order that the proceeding be referred to the circuit court for declaratory relief under § 13-407 of this subtitle. (2) The order of the Commissioner shall set forth the reasons for it and shall be mailed to: (i) Each party to the proceeding; and (ii) Each other person entitled to notice under this title.

Md. Code, Real Property § 13-406

(a) If, under § 13-405 of this subtitle, the proceeding is set for a hearing before the Commissioner, the Commissioner shall hold the hearing in accordance with the Administrative Procedure Act as soon as practicable within 30 days of the order of the Commissioner under § 13-405(c) of this subtitle. (b) Objections filed in the proceeding may be consolidated at any time for hearing or heard separately, as the Commissioner determines. (c) (1) The Commissioner may issue subpoenas and orders for the attendance and testimony of witnesses and the production of papers, books, and documents at any hearing authorized by this section. (2) A subpoena or order issued under this subsection shall be directed and served, in the same manner and with the same effect as any other civil process, under the Maryland Rules and applicable statutes. The subpoena or order shall be returnable to the Commissioner. (3) If a person fails to comply with any subpoena or order issued under this subsection, the Commissioner may invoke the aid of the circuit court of the county in which declaratory relief might have been sought under § 13-407 of this subtitle. The circuit court may order that person to obey the subpoena or order and may charge the costs of the proceedings before it to that person. (d) If a hearing is held under this section, the proceeding before the Commissioner for the issuance of a patent and all papers, dockets, orders, and decisions resulting from the proceeding: (1) Have the same force and effect as the proceedings of a court of record; and (2) Shall be proved in the same manner as proceedings in a court of record. (e) Within 30 days of the conclusion of a hearing held under this section, the Commissioner shall render a final judgment under § 13-408 of this subtitle.

Md. Code, Real Property § 13-407

(a) If, under § 13-405 of this subtitle, the proceeding is to be referred to the circuit court for declaratory relief, then, within 30 days of the order of the Commissioner under § 13-405(c) of this subtitle, the applicant shall file a bill of complaint in equity in the circuit court for the county in which the largest portion of the land described in the warrant is located. The bill of complaint shall seek declaratory relief under Title 3, Subtitle 4 of the Courts Article, the Maryland Uniform Declaratory Judgments Act. (b) Immediately after suit is filed, the applicant also shall serve the Commissioner by mail with a copy of the complaint. (c) (1) After service is made on the Commissioner, the Commissioner shall forward to the court a certified copy of any endorsed duplicate certificates and statements of valuation returned to the Commissioner under § 13-313 of this title. (2) In the court action, the Commissioner is entitled to: (i) Be heard; (ii) Request consolidation of any of the objections filed in the proceeding; (iii) Submit a written statement within a time deemed reasonable by the court; and (iv) Seek intervention under the Maryland Rules. (d) The court shall render its judgment as provided in § 3-408.1 of the Courts and Judicial Proceedings Article. A copy of the judgment and any supporting opinion shall be sent to: (1) The Commissioner, for administrative implementation according to the court’s declaration; and (2) The clerk of the circuit court for each other county in which any portion of the land is located.

Md. Code, Real Property § 13-408

(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.

Md. Code, Real Property § 13-409

(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.

Md. Code, Real Property § 13-410

(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.

Md. Code, Real Property § 13-411

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.

Md. Code, Real Property § 13-412

(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.

Md. Code, Real Property § 13-413

(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.

Md. Code, Real Property § 13-501

(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.

Md. Code, Real Property § 13-502

(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.

Md. Code, Real Property § 13-503

(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.

Md. Code, Real Property § 13-504

(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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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