Title 28, Property

§507D-4 Contesting validity of recorded instruments; injunctions. (a) Any party in interest in real or personal property which is subject to a claim of nonconsensual common law lien, who believes the claim of lien is invalid, may file a petition in the appropriate circuit court t…

§507D-5 Requirement of certified court order. (a) Any claim of lien against a federal, state, or county officer or employee based on the performance or nonperformance of that officer's or employee's duties shall designate in the pleading header that the claim is directed to a fed…

§507D-6 Filing a notice of invalid lien. (a) If a claim of lien not in conformity with section 507D-5(a) has been accepted for filing, the registrar shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the fede…

§507D-7 Expungement of invalid lien; penalties; sanctions for frivolous filings. (a) If the circuit court finds the purported lien invalid, it shall order the registrar to expunge the instrument purporting to create it, and order the lien claimant to pay actual damages, costs of …

§508-1 Risk of loss. Any contract made in this State after April 25, 1941 for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise: (1) If, when…

[§508C-1] Short title. This chapter may be cited as the Uniform Environmental Covenants Act. [L 2006, c 279, pt of §2]

[§508C-10] Amendment or termination by consent. (a) An environmental covenant may be amended or terminated by consent; provided that the amendment or termination is signed by: (1) The agency; (2) Unless waived by the agency, the current owner of the fee simple of the real propert…

[§508C-11] Enforcement of environmental covenant. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The department or any other agency specified in the covenant; (3) Any pe…

[§508C-12] Registry. The department shall establish a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to th…

[§508C-13] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq.; provided that it shall not modify, limit, or super…

[§508C-2] Definitions. As used in this chapter, unless the context otherwise requires: "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property. "Agency" means the department of health or any other state or federal a…

[§508C-3] Nature of rights; subordination of interests. (a) Any person, the agency, or a county may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property. (b) A right of an agency under this chapte…

[§508C-4] Contents of environmental covenant. (a) An environmental covenant shall: (1) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe…

[§508C-5] Validity; effect on other instruments. (a) An environmental covenant that complies with this chapter shall run with the land. (b) An environmental covenant that is otherwise effective shall be valid and enforceable even if: (1) It is not appurtenant to an interest in re…

[§508C-6] Relationship to other land use law. This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental coven…

[§508C-7] Notice. (a) A copy of an environmental covenant shall be provided by the person determined by the agency and in the manner required by the agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to th…

[§508C-8] Recording. (a) An environmental covenant and any amendment or termination of the covenant shall be recorded by the grantor of the covenant with the registrar of conveyances. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provid…

[§508C-9] Duration; amendment by court action. (a) An environmental covenant shall be considered perpetual unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to section 508C‑10; (3)…

§508D-1 Definitions. As used in this chapter, unless the context requires otherwise: "Common area" means real property that is designated as common area in or pursuant to a declaration, that is owned or leased by the association under the declaration, or that is otherwise availab…

[§508D-10.5] Energy-efficiency consumer information in sale or lease of real property. Prior to the sale of residential real property, the property owner shall make a good faith declaration of electricity cost based on the most recent three-month period in which the property was …

§508D-11 Disclosure form. In addition to the other information required by this chapter, the form for the disclosure statement shall include the following: (1) A notice to the buyer that the buyer may wish to obtain professional advice and inspections of the residential real prop…

§508D-12 Indication of receipt of disclosure statement. (a) The buyer shall indicate receipt of the seller's disclosure statement on the real estate purchase contract, or in any addendum attached to the contract, or in a separate document. (b) Receipts taken for the disclosure st…

§508D-13 Later material facts. Information in a disclosure statement that has not been disclosed or becomes inaccurate regarding a material fact as a result of an act, agreement, or occurrence (or otherwise becomes known to seller) after the statement is provided to the buyer doe…

§508D-14 Additional disclosure requirements. The requirements of this chapter are in addition to all other disclosure obligations of the seller required by law relating to the sale of residential real property. [L 1994, c 214, pt of §2; am L 1996, c 161, §14; am L 2001, c 224, pt…

§508D-15 Notification required; ambiguity. (a) When residential real property lies within: (1) The boundaries of a special flood hazard area as officially designated on flood maps promulgated by the National Flood Insurance Program of the Federal Emergency Management Agency for t…

§508D-16 Remedies; voidable contracts. (a) A buyer may elect to complete the purchase of residential real property even if the seller fails to comply with the requirements of this chapter. After recordation of the sale of residential real property, a buyer shall have no right und…

[§508D-16.5] Rescission. Notwithstanding anything to the contrary in this chapter, any action for rescission brought under this chapter shall commence prior to the recorded sale of the real property. [L 1995, c 108, §1]

§508D-17 Limitation of actions. (a) Any action brought under this chapter shall commence within two years from the date the buyer received the disclosure statement; provided that if no disclosure statement was delivered to the buyer, then the action shall commence within two year…

§508D-18 Alternative dispute resolution. If the real estate purchase contract provides for alternative dispute resolution, then prior to filing an action in any court to enforce this chapter, a seller or buyer shall first submit the claim to alternative dispute resolution as requ…

[§508D-19] Severability. If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application, and to this…

§508D-2 Applicability. Except as otherwise provided for in this chapter, this chapter applies to any sale of residential real property. The failure of the seller or the seller's agent to comply with this chapter shall not affect the validity of title to any residential real prope…

[§508D-21] Failure to disclose or record a burial or archaeological site; penalty. There shall be imposed by a court of competent jurisdiction a fine of $1,000 on any private landowner who fails to disclose and record with the bureau of conveyances, or in documents used to offer …

§508D-3 Exemptions. This chapter shall not apply to the following sales of residential real property: (1) Sale to a co-owner; (2) Sale to a spouse, parent, or child of the seller; (3) Sale by devise, descent, or court order; (4) Sale by operation of law, including but not limited…

§508D-3.5 Disclosure of documents; required documentation. (a) If the residential real property being offered for sale is subject to a recorded declaration, the seller shall provide the following documents and any amendments or supplements thereto, to the extent applicable: (1) A…

§508D-4 Prohibitions on sales of residential real property. Except as provided in section 508D-3, no seller may sell residential real property unless: (1) Prior to the sale of such residential real property, a disclosure statement is: (A) Signed and dated by the seller within six…

[§508D-4.5] Release or waiver of construction defect. Any release from or waiver of liability, or release from a warranty by a seller to any government agency, contractor as defined in section 444-1, or engineer, architect, land surveyor, or landscape architect licensed to practi…

§508D-5 Delivery of disclosure statement to buyer; procedures. (a) No later than ten calendar days from acceptance of a real estate purchase contract, the seller, either directly or through the seller's agent, shall provide the disclosure statement to the buyer. (b) Upon receipt …

§508D-6 Later discovered inaccurate information. Prior to closing the real estate purchase contract, a buyer who receives a disclosure statement that fails to disclose a material fact or contains an inaccurate assertion that directly, substantially, and adversely affects the valu…

§508D-7 Seller's agent's duties and responsibilities for disclosure. (a) Any person or entity acting in the capacity of an escrow agent for the sale of residential real property subject to this chapter, shall not be deemed the agent of the seller or buyer for purposes of the disc…

§508D-8 Excluded facts from the disclosure statement. Except as otherwise provided by law, the fact that: (1) An occupant of the residential real property was afflicted with acquired immune deficiency syndrome (AIDS) or AIDS related complex, or had been tested for human immunodef…

§508D-9 Good faith and due care in preparing the disclosure statement. (a) A seller or the seller's agent shall prepare the disclosure statement in good faith and with due care. A buyer shall have no cause of action against a seller or seller's agent for, arising out of, or relat…

§509-1 Construed as estates in common, when. All grants, conveyances, and devises of land, or of any interest therein, made to two or more persons, shall be construed to create estates in common and not in joint tenancy or by entirety, unless it manifestly appears from the tenor …

§509-2 Creation of joint tenancy, tenancy by the entirety, and tenancy in common. (a) Land, or any interest therein, or any other type of property or property rights or interests or interest therein, may be conveyed by a person to oneself and another or others as joint tenants, o…

[§509-3] Tenancy by the entirety when owners change relationship status. (a) When two individuals who hold property as tenants by the entirety enter into a different legal relationship with each other that also allows them to hold property as tenants by the entirety, their owners…

§510-10 Death of husband or wife. (a) Upon the death of the husband or wife one-half of the community property shall continue to belong to the survivor, subject to the payment of claims for which the community property is liable and subject to administration expenses, and the oth…

§510-11 Location of property affected. This part applies to personal property wherever situated acquired by a husband or wife while domiciled in the State and applies to the real property situated in the State of a husband or wife while domiciled therein. This part does not apply…