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In Maryland, real estate conveyances are governed primarily by Title 3 and Title 4 of the Maryland Code. Before a deed can be recorded, Maryland imposes specific intake and tax requirements that are central to the conveyance process.

Recording and Tax Requirements

A deed presented for recording must be accompanied by a completed Intake Sheet. In addition, state transfer tax, county or municipal transfer taxes, and recordation taxes must be paid before the instrument can be recorded. In certain cases, first-time Maryland homebuyers may qualify for a partial exemption from the state transfer tax if proper documentation is submitted (Md. Code, Tax-Property § 14-104).

Maryland requires that property taxes be properly reflected on the assessment records before recording will be permitted. Additional prerequisites to recording are outlined in Md. Code, Real Property § 3-104.

Form and Duration of Conveyance

No estate of inheritance or freehold, declaration or limitation of use, or estate for more than seven years may pass unless the deed is in writing, executed, and recorded (Md. Code, Real Property § 3-101). Maryland provides statutory deed forms that are sufficient for conveyance, though additional covenants, restrictions, or provisions may be added (Real Property § 4-201).

The special warranty deed is commonly used in Maryland real estate transactions. Other deed types, including general warranty and quitclaim deeds, are also permitted.

Ownership and Vesting

Maryland recognizes tenancy in common, joint tenancy, and tenancy by the entirety for married couples. A conveyance to two or more persons does not create a joint tenancy unless the deed expressly states that intention (Real Property § 2-117).

Tenancy by the entirety is available only to married couples and includes survivorship rights. The form of ownership should be clearly stated in the deed, as it affects transfer rights and survivorship.

Maryland permits aliens who are not enemies of the United States to acquire, hold, and dispose of real property in the same manner as citizens (Md. Code, Real Property § 14-101).

Execution and Acknowledgment

A deed must be signed and acknowledged by the grantor. If acknowledged within Maryland, acknowledgments may be taken before a judge, clerk or deputy clerk of a court of record, a notary public, or other authorized officer (Md. Code, Real Property § 19-102). Out-of-state acknowledgments are valid if taken before authorized officials as provided by statute (Real Property § 19-103). The officer must attach a certificate of acknowledgment in statutory form (Real Property § 19-107).

Recording and Priority

A deed must be recorded in the county where the land is located. If the property spans multiple counties, the deed must be recorded in each county (Real Property § 3-103).

Maryland follows a race-notice recording system. A recorded deed generally takes effect from the date of delivery as against the grantor and subsequent purchasers with notice (Real Property §§ 3-201; 3-203). However, a subsequent purchaser who acquires the property in good faith, without notice of a prior deed, and records first will have priority.

Because Maryland requires compliance with intake procedures, payment of transfer and recordation taxes, and proper acknowledgment before recording, careful preparation and prompt filing are essential to ensure that a real estate transfer is valid and protected against later claims.