§ 3-108

Maryland § 3-108

• Jurisdiction: Maryland
• Article grp: Real Property
• Title: 3

Text

(a) (1) Except as provided in paragraph (2) of this subsection, the provisions of this section are in addition to any other provisions of the Code, pertaining to recordation of subdivision plats.

(2) This section does not apply in Queen Anne’s County.

(b) (1) If the owner of land in the State subdivides the land for commercial, industrial, or residential use to be comprised of streets, avenues, lanes, or alleys and lots, and desires, for the purpose of description and identification, to record a plat of the subdivision among the land records of the county where the land lies, the clerk of the court shall accept and record the plat as prescribed in this section.

(2) The clerk may not accept the plat for record until the owner of land complies with the requirements prescribed in this section.

(c) (1) In this subsection, “coordinate” means a number which determines the position of any point in a north or south and an east or west direction in relation to any other point in the same coordinate system.

(2) The plat shall be legible, drawn accurately and to scale and shall be submitted for recordation using black ink on transparent mylar or black–line photo process comparable to original quality that will conform to archival standards.

(3) The plat shall contain the courses and distances of all lines drawn on the plat.

(4) With respect to all curved lines, the plat shall show the length of all radii, arcs, and tangents and the courses and distances of all chords.

(5) The plat shall contain a north arrow which represents and designates either true or magnetic meridian as of a date specified on the plat or shall be referenced to a recognized coordinate system within the county.

(6) All courses shown on the plat shall be calculated from the plat meridian.

(7) No distance on the plat may be marked “more or less” except on lines which begin, terminate, or bind on a marsh, stream, or any body of water.

(8) (i) The plat shall show the position by coordinates of not less than four markers set in convenient places within the subdivision in a manner so that the position of one marker is visible from the position of one other marker.

(ii) From these markers, commonly called traverse points, every corner and line can be readily calculated and marked on the ground.

(iii) These markers shall comply with standards that the State Board for Professional Land Surveyors sets by regulation under § 15–208 of the Business Occupations and Professions Article.

(9) A certificate stating that the requirement of this subsection, as far as it concerns the making of the plat and setting of the markers, shall be put on the plat and signed by the owner of the land shown on the plat to the best of the owner’s knowledge and by the professional land surveyor or property line surveyor preparing it.

(d) (1) The owner shall mail or deliver three copies of the plat to the clerk.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the fee is $5 for each set of plats.

(ii) A fee is not required for plats showing property or rights–of–way to be acquired or granted by the State Highway Administration.

(iii) The clerk may assess additional fees if required by local law or ordinance.

(e) Each plat shall be signed and sealed by a professional land surveyor or property line surveyor licensed in the State.

(f) (1) In Worcester County, if an unrecorded plat exists showing a subdivision, from which any lot has been granted, and the owner of the subdivision, or any part of it, proposes to resubdivide it in a manner different from the unrecorded plat, a copy of the unrecorded plat shall be recorded as required by this section and in addition to any other plat required by this section. If no unrecorded plat exists, the owner shall record an affidavit to this fact.

(2) In Worcester County, if a recorded plat exists showing a subdivision, and the owner of the subdivision, or any part of it, proposes to resubdivide it in a manner different from the recorded plat, another plat shall be recorded. This plat shall indicate clearly the lines, designation of blocks and block numbers, lots and lot numbers, streets, alleys, rights–of–way, and all other easements or pertinent data of the original recorded plat, with the proposed resubdivision plat superimposed on it. The proposed resubdivision plat shall indicate clearly the lines, designation of blocks and block numbers, lots and lot numbers, streets, alleys, rights–of–way, and all other easements and pertinent data. This plat shall be recorded in addition to any other plats required by this section.

(3) In Worcester County, if the owner of two or more contiguous tracts of land proposes to combine the tracts and subdivide them, the owner shall have recorded a plat to be known as a perimeter plat as provided in this section and in addition to any other plat required by this paragraph. The perimeter plat shall show clearly the lines of the original tracts, include a title reference to each tract, and have a plat showing the proposed subdivision of the entire tract superimposed on it. If less than the entire tract is subdivided, at any one time, each subsequent subdivision plat likewise shall be superimposed on a perimeter plat which also shall show clearly all prior subdivisions made pursuant to this subsection.

(4) Notwithstanding the provisions of subsections (b), (c), and (d) of this section and in addition to the requirements of paragraphs (1), (2), and (3) of this subsection, if the subdivided lands are, in whole or in part, within the corporate limits of an incorporated municipality, the plat may not be accepted for record by the Clerk of the Circuit Court of Worcester County until it first has been submitted to and approved by the governing body of the municipality where the land is located, and the approval of the municipality has been indicated plainly on the plat.

(g) In Cecil County, if an unrecorded plat exists showing a subdivision created prior to June 1, 1945, from which any lot has been granted and to which reference has been made in a deed now of record, the owner of the subdivision or any lot, or any interested party may have recorded a copy of the unrecorded plat in a separate plat book to be maintained by the Clerk of the Circuit Court for Cecil County. Reference to the plat is not by itself a “description of the property sufficient to identify it with reasonable certainty” within the meaning of § 4–101 of this article. The person presenting the plat for recording shall pay to the Clerk a fee of $1 for each plat so offered. No other provision of this section applies to the recording of any plat in Cecil County.

(h) (1) In Garrett County the size of the sheet (plat) shall be 11 by 17 inches, 18 by 24 inches, or 24 by 36 inches, including a one and one–half inch margin for binding along the left edge. When more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.

(2) This subsection does not apply to single lot plats suitable for recording in the same manner as other land record instruments.

(i) (1) A plat filed in the land records of Wicomico County shall measure 18 by 24 inches or 24 by 36 inches, including a 1 1/2 inch margin along the left edge. If more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.

(2) This subsection does not apply to single lot plats suitable for recording in the same manner as other land record instruments, or to plats dated prior to July 1, 1977.

(j) (1) Notwithstanding any other provision of this section, in Caroline County, any interested person may record a copy of a plat if:

(i) It is signed and dated prior to January 1, 1970;

(ii) The general location of the property can be determined by reference to the plat; and

(iii) The person offering the plat for recording appends a verified statement that it is the original plat, to the best of the offerer’s knowledge, information and belief.

(2) The recording of plats under this subsection shall not be construed as the creation or establishment of a subdivision or compliance with any other rules or regulations applicable to subdivisions.

(k) (1) A plat filed in the land records of Dorchester County shall measure 18 by 24 inches or 24 by 36 inches, including a 1 1/2 inch margin along the left edge. If more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.

(2) This subsection does not apply to single lot plats suitable for recording in the same manner as other land record instruments, or to plats dated prior to July 1, 1987.

(l) In Charles County, a deed conveying a parcel of land containing more than 20 acres of unimproved land is not required to be accompanied by a survey plat.

(m) In Calvert County, the Clerk of Court may not accept and record a plat that creates a new lot or that combines two or more subdivision lots to create one or more new lots unless the County Treasurer has certified on the plat that all taxes, assessments, and charges against the existing lots have been paid.

(n) In Montgomery County, a plat shall be drawn in accordance with subsection (c)(2) of this section or drawn in an electronic version in a manner approved by the State Archivist.

(o) This section does not apply in Allegany, Harford, Montgomery, Prince George’s, and Talbot counties, except to the extent any of these counties is expressly mentioned in this section.