How to Access Property Records in Maryland

What Information Can You Find in Maryland Property Records?

Some of the things you will see in Maryland property records are:

Deeds and Conveyance Records

Deeds are the most common type of property record. They transfer ownership of property between one or more people and may include deed restrictions, rights-of-way, easements, and covenants.

Deeds are signed by all parties and witnessed by a notary. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Maryland makes it easy to search for deeds using their MDLANDREC website. You must register for a free account to begin using it. You can also find archive records using this tool.

Property Tax Records

Anyone who owns property in Maryland must pay annual taxes on it. Each county's finance office sets property tax rates and issues bills. The Maryland Department of Assessments and Taxation oversees all of these offices and administers and enforces property assessment and tax laws.

Maryland's average property tax rate is 1.05% of the property's assessed value. Taxes are based on the property's fair market value (FMV). Maryland charges real property taxes, personal property taxes, and utility taxes. You can view a list of all the rates per county/town here.

The following information may appear in a property tax record in Maryland:

• Tax Rat - Each local area has an assigned tax rate determined by local authorities. This rate will appear in the document since it is the basis for tax calculations.
• Assessment Value - Local assessors study the property to determine its market value. The value is used to calculate taxes and will thus appear in the document.
• Property Description - The document should identify the property under taxation using a physical address, lot number, or legal description.
• Property Owner's Name - The record should include the owner's name and information. The owner is responsible for taxes.
• Exemptions - The document may include exemptions applying to the property. For example, the Disabled Veteran Exemption applies to veterans with disabilities.

How Often is Property Tax in Maryland Assessed?

The Declaration of Rights requires the assessment of all property tax based on fair market value. Assessors must follow the regulations set by the Maryland Department of Assessments and Taxation when assessing real property. Local assessors in the municipalities, counties, cities, and towns conduct assessments. For example, the assessors in Baltimore City conduct tax assessments for real properties within Baltimore. There is no standard process for conducting property tax assessments. But there are a few standard processes assessors follow:

• Property Identification - Each Maryland property has a unique identification number, which the assessors use to identify the properties to be assessed.
• Valuation - The next step is valuation. Assessors are trained to estimate the property's value using three techniques. The first is the sales approach, where the assessor examines the sale pieces of similar properties in the area to determine the price range and then adjusts based on differences. The second method is the cost approach, where the assessor determines the fair market value based on the cost of constructing a similar improvement, less depreciation of age and condition, plus the price of the land. Last is the income approach, where the assessor determines value based on the income the property earns or could earn.
• Notice of Assessment - After valuation, the assessor sends a notice of assessment to the property owner, notifying them of the value and explaining how to appeal the assessment if they disagree.
• Assessment Appeals - Property owners may file appeals online or by replying to the notice after signing and returning the appeal form. They have 45 days to appeal.
• Finalization - After the appeal process, the assessors finalize the assessments for all properties in their jurisdiction.
• Tax Calculation - The local government determines the property taxes owed, and the property owners receive their tax bills.

Property Liens and Encumbrances in Maryland

Liens are encumbrances that negatively affect a property. Mortgage liens are not bad, but other involuntary liens make the property more difficult to sell. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those that you freely agree to, like mortgages, home equity loans, etc.

• Mortgage Liens - Anyone who cannot afford to pay cash for their home can opt for a mortgage. The lender will require that you pay monthly payments (principal and interest, plus taxes and other fees), and they will put a lien on the home until the loan is paid off. If you default on the loan, the lien allows them to foreclose and sell your home at auction.

  Availability of information may be limited. In addition, the structure may differ since there are many types of lenders and contract differences. However, the following sections are standard:

  • Loan Terms - The document should highlight the loan terms, including how long they will be in effect. It may also show the payment schedules.
  • Loan Amount - Each loan has an interest rate that should appear on the record. The document should also outline the total amount repayable, the minimum contribution amount, and the amount paid so far.
  • Rights and Responsibilities - The document will list the parties' names and their rights and responsibilities.
  • Signature and Notarization - The relevant parties should sign the document. Some counties may also require notarization.
  • Property Identification - The record should identify the property under mortgage.

Involuntary Liens

Involuntary liens are imposed against your will because you owe an overdue debt. These can negatively affect your credit and your ability to sell the property.

• Mechanic's Liens - Contractors, subcontractors, laborers, material suppliers, and others who work on your home can file a mechanic's lien if you do not pay them. They must follow a strict process and timeline, but the lienholder will be paid from the proceeds if your house is sold.
• Tax Liens - Tax liens are very serious and result when you don't pay your annual property taxes. The county can put a lien on your property, and if you still don't pay, they can foreclose and sell your house at auction.
• Judgment Liens - Judgment liens are another type of involuntary lien used by creditors. Whenever you owe a debt and refuse to pay, the creditor can place a lien on the home to get paid. They must sue you in court first, and if the judge rules in their favor, they, too, could foreclose and sell your home.

The Process of Property Liens in Maryland

Claimants can put liens on properties by following these steps:

• The first step is filing a complaint in the circuit court within the property's county. The filing must include details such as the claimant's and landowner's names and addresses, a description of the type of work done, and a description of the land or building. It should also include a sworn statement with facts supporting the entitlement to a lien on the property.
• After filing, the court reviews the documents filed in the case and may request the claimant to provide explanations and supplemental information. The process leads to a Show Cause Hearing. The hearing may end with the court granting a judgment that entitles the claimant to the lien. Alternatively, the court may issue an interlocutory order which causes the case to go into trial in the next six months.
• The third stage is the trial, where the court resolves any remaining disputes over the facts. It ends with the court granting or denying the claimant's lien establishment request.

Easements and Covenants

Easements and covenants also show up in various public property records. Easements are typically shown on the deed and apply to the rights of someone other than the property owner to access the property at will. A good example would be when a town builds a road that crosses into someone's private property. The city can use that road without first asking the owner.

Covenants are rules about how the land can be used. You see these most often with gated communities and condos. They specify how all common areas may be used. Some condo developments allow pets, and others do not. Most have rules about lawn decorations and things you can and cannot put outside of your home.

Plats and Surveys

Plats and surveys are types of maps. They differ slightly in that plats show the boundaries of other properties around yours, and surveys do not. They only show the boundaries of a single property. Plats and surveys often accompany deeds, especially in new construction, before an address is assigned to the land.

Property Descriptions and Boundaries in Maryland

An important aspect of property records is the legal property description. It details the property's location, map coordinates, boundaries, and landmarks, making it easy for anyone to locate and identify.

Surveyors use specialized tools to measure land and come up with specific boundaries and coordinates. These surveys often come into play during boundary disputes.

Maryland has a search tool called Plats.net, which allows users to search for plats and surveys within the state. The tool is administered and maintained by the Maryland State Archives, the Administrative Office of the Courts, and the Maryland Circuit Court Clerks.

The information on boundaries may include:

• Name - The document will show the property owner's name and may include their contact details.
• Property Identification - The document will identify the property through its physical address, legal description, and other determining factors.
• Boundaries - The record will show the property's boundaries, including the lengths and angles.
• Rights-of-Way - The record should show any rights-of-way affecting the property.
• Topography - The document may show the land's unique contours and natural features.

Boundary disputes occur when someone thinks another person is trespassing on their land. These arguments often end up in court, where a judge must decide. The courts usually enlist the help of professional surveyors to prove where the boundaries lie.

Foreclosures

When someone fails to pay their mortgage or taxes, the lender or county will foreclose and eventually sell the property at auction. These are called foreclosure properties or "distressed" properties. Although regular buyers may want to steer clear, investors seek out distressed properties to buy cheap and sell for a profit.