Title 13. Land Patents — Subtitle 4. Objections, Hearings, and Determination
Statutes in effect as of October 1, 2026.
Md. Code Ann., Real Prop. § 13-401 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–401LinkCopy Citation
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 Ann., Real Prop. § 13-402 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–402LinkCopy Citation
(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 Ann., Real Prop. § 13-403 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–403LinkCopy Citation
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 Ann., Real Prop. § 13-404 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–404LinkCopy Citation
(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 Ann., Real Prop. § 13-405 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–405LinkCopy Citation
(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 Ann., Real Prop. § 13-406 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–406LinkCopy Citation
(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 Ann., Real Prop. § 13-407 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–407LinkCopy Citation
(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 Ann., Real Prop. § 13-408 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–408LinkCopy Citation
(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 Ann., Real Prop. § 13-409 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–409LinkCopy Citation
(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 Ann., Real Prop. § 13-410 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–410LinkCopy Citation
(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 Ann., Real Prop. § 13-411 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–411LinkCopy Citation
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 Ann., Real Prop. § 13-412 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–412LinkCopy Citation
(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 Ann., Real Prop. § 13-413 (2026)
Title 13. Land Patents
Subtitle 4. Objections, Hearings, and Determination
§ 13–413LinkCopy Citation
(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.