Rule 12-101 - Writ of Survey(a)Availability. On motion of a party in an action involving real property, the court may issue a writ of survey if it finds that a plat is necessary for illustration or that one of the following matters is in dispute: (1) the location of the property in dispute; (2) the location or extent of any property claimed to be damaged; or (3) the location of a dividing line if the parties are claiming under the same title. The motion shall contain a description sufficient to locate the property that is the subject of the claim. The court may condition issuance of the writ on the deposit by the moving party of the estimated cost of executing the writ.(b)Survey. A writ of survey shall be issued to a surveyor designated by the court. The surveyor shall survey the property in accordance with the writ.(c)Plat. The surveyor shall file the original and three copies of each plat with the clerk. Upon receiving payment of reasonable charges, the surveyor shall furnish a copy to any party.Md. R. Prop. Act'n 12-101
This Rule is derived from former Rule T44.
Adopted June 5, 1996, eff. 1/1/1997.HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure T44, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to warrants of resurvey, rescinded June 5, 1996, eff. Jan. 1, 1997.