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Home » US Law » 2022 Maryland Statutes » Real Property » Title 13 - Land Patents » Subtitle 3 - Application and Issuance of Warrant; Valuation of Land

Section 13-301 – Application Required

    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.

Section 13-302 – Manner of Application

    (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 […]

Section 13-303 – Substitution of Applicant

    (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 […]

Section 13-304 – Appearance of Applicant by Attorney

    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.

Section 13-305 – Entry of Application on Docket; Application Bar to Subsequent Warrant

    (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 […]

Section 13-306 – Survey Under Warrant; Previously Performed Survey

    (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 […]

Section 13-307 – Contents of Warrant

    (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 […]

Section 13-308 – Notice and Publication

    (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 […]

Section 13-309 – Substitute Warrant; Extension of Time

    (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 […]

Section 13-310 – Certificate of Survey

    (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 […]

Section 13-311 – Commissioner to Return or File Certificate; Notification

    (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 […]

Section 13-312 – Expenses of Surveyor

    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.

Section 13-313 – Determination of Purchase Price for Vacant Land

    (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 […]