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§ 5-301. Sale or transfer of lots in unapproved subdivisions

West's Annotated Code of MarylandLand UseEffective: March 14, 2016

West's Annotated Code of Maryland
Land Use (Refs & Annos)
Division I. Single-Jurisdiction Planning and Zoning [Titles 1-13] (Refs & Annos)
Title 5. Subdivision (Refs & Annos)
Subtitle 3. Unapproved Plats and Subdivisions (Refs & Annos)
Effective: March 14, 2016
MD Code, Land Use, § 5-301
§ 5-301. Sale or transfer of lots in unapproved subdivisions
Currentness
Civil penalty for use of unapproved plat
(a)(1) Except as otherwise provided in §§ 9-603, 9-806, 9-1004, 9-1605, and 9-1606 of this article, an owner or agent of an owner of land located within a subdivision may not transfer, sell, or agree 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 to be sold in violation of this subsection is a separate violation.
Metes and bounds description
(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.
Remedies
(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.

Credits

Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012. Amended by Acts 2013, c. 674, § 1, eff. July 1, 2013; Acts 2016, c. 8, § 1, eff. March 14, 2016.
MD Code, Land Use, § 5-301, MD LAND USE § 5-301
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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