Maryland Courts

Frequently Asked Questions - Land Records

How do I remove or add someone to my deed?
My Spouse is now deceased. How do I clear up the deed?

In order to change any information in a Deed, a new Deed has to be prepared. One of the questions this office is most frequently asked is how to remove the name of a deceased person from the deed to property. Unfortunately, this is not a process that can be accomplished by merely providing a death certificate.

There are no forms or prepared instructions which this office can give you to prepare a new deed and we are prohibited from offering anything which can be construed as legal advice. We suggest that you obtain the advice of an attorney, because many factors need to be taken into consideration.

Without changing the actual Deed, you may still be able to take the name of the deceased person off of the tax bills by providing a copy of the death certificate. For more information, contact the Department of Assessment and Taxation at 443-550-6840.

I believe a recorded document may have been indexed incorrectly. What can I do?
Please bring the document to the attention of the Clerk's Office staff as soon as possible. If the indexing is incorrect due to our clerical error, we will make the necessary corrections.

How much is it to record a document in land records?
Land Records Fee Schedule

Where can I obtain a copy of the survey of my property?
Surveys are rarely recorded in land records and generally, only as exhibits or attachments to other documents. House location surveys may have been used to obtain building permits and should have been provided to you at settlement. If you know who prepared the survey, you can always obtain copies from their office. Also, the written legal description in your deed may include information about the identity of the person or company who performed the survey. If the property is in a subdivision, you should be able to obtain a copy of the subdivision plat from the Circuit Court Clerk's Office Land Records for a small fee.

Otherwise, to accurately determine a property's boundaries, it is best to hire a licensed land surveyor. A survey will locate existing property corners or set new survey pins/property markers. Property marker/survey pins typically are iron pipes a half-inch in diameter and 18 inches in length. Sometimes they are topped with a plastic cap identifying the surveyor's license number. They usually are not exposed and are found several inches below the surface.

What is the difference between a Deed and a Deed of Trust?
A deed is a written instrument by which an interest in property is conveyed. A deed of trust is defined in Black's Law Dictionary as, "a deed conveying title to real property to a trustee as security until the grantor repays a loan." This type of "deed" resembles a mortgage. A mortgage is an instrument which creates a lien against property that has been used to secure a debt.