Rule 12-308 - Designation of Boundaries(a)Before Commencement of Construction. An owner of land who, before commencement of construction, desires to define the boundaries of the land in accordance with Code, Real Property Article, § 9-103(b) shall file a notice to establish boundaries in an ex parte proceeding in the county in which the property is located. The notice shall be captioned, filed, and indexed as any other civil action under the name of the owner of the land and shall contain: (1) a reference to the conveyance or other means by which the owner acquired title to the land;(2) a description of the newly established boundaries sufficient to identify the land with reasonable certainty; and(3) a brief description of the construction for which the boundaries are established.(b)After Commencement of Construction.(1)Motion. After the commencement of construction of any improvement upon land that might be subject to a claim for a mechanics' lien, the owner of the land or any other person interested in the land, including anyone who has or might assert a mechanics' lien against the land by reason of the construction, may file a motion in the circuit court for the county where the land is located requesting the court to designate the boundaries pursuant to this Rule and to issue a writ of survey for that purpose. If the person filing the motion is a party to a proceeding to establish or enforce the lien, the motion shall be filed in the first proceeding to which the person became a party.(2)Parties. A motion filed under this section shall be served on the owner of the land, each person who has moved for or established a mechanics' lien against the land, and any other person designated by the court in accordance with Rule 2-121, except that if the motion is filed in a pending proceeding, it shall be served in accordance with Rule 1-321.(3)Surveyor. The court shall issue a writ to a surveyor directing the surveyor to make a report to the court in which the surveyor shall determine and describe the boundaries of the land, including within the boundaries as much of the land as is necessary for the use of the improvement thereon for the purpose for which it is designated or reasonably adaptable.(4)Action on Report. A copy of the surveyor's report shall be furnished to the moving party and to each person required to be served under section (b)(2) of this Rule. Within 15 days thereafter any person to whom the surveyor's report is required to be furnished may file a motion requesting the court to determine boundaries other than those that the surveyor has reported. After a hearing on the motion or upon expiration of the 15 day period for filing a motion if no motion is filed, the court shall determine the boundaries or approve the surveyor's report for filing in the proceedings.Md. R. Prop. Act'n 12-308
This Rule is derived from former Rule BG77.
Adopted June 5, 1996, eff. 1/1/1997.HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure BG77, adopted as Rule BG76, Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. July 1, 1974, renumbered as Rule BG77, July 12, 1976, eff. Aug. 9, 1976, amended July 12, 1976, eff. Aug. 9, 1976; April 6, 1984, eff. July 1, 1984, related to designation of boundaries, rescinded June 5, 1996, eff. Jan. 1, 1997.