2013 Maryland Code
LAND USE
§ 5-301 - Sale or transfer of lots in unapproved subdivisions.


MD Land Use Code § 5-301 (2013) What's This?

§5-301.

(a) (1) Except as otherwise provided in §§ 9-603, 9-806, 9-1004, 9-1605, 9-1606, and 9-1607 of this article, an owner or agent of an owner of land located within a subdivision may not transfer, sell, agree to sell, or negotiate to sell land by reference to, exhibition of, or other use of a plat of a subdivision before the plat has been:

(i) approved by the planning commission; and

(ii) recorded or filed in the office of the appropriate county clerk.

(2) A person who violates this subsection is subject to a civil penalty of not less than $200 and not exceeding $1,000 for each violation.

(3) Each lot or parcel transferred or sold or agreed or negotiated to be sold in violation of this subsection is a separate violation.

(b) The description of a lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring does not exempt the transaction from the penalties or remedies provided in this section.

(c) A local jurisdiction may seek to:

(1) enjoin the transfer, sale, or agreement in any circuit court; or

(2) recover the penalty by civil action in a court of competent jurisdiction.

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