Relating to Real Estate

The Maryland State Archives provides online access to recorded instruments filed in the land records across the State of Maryland. These records are readily accessible at mdlandrec.net. There is a $40 surcharge on instruments recorded in the land records, but access to the online database has been free. This database is a crucial tool for real estate law professionals and other users, allowing efficient access to recorded instruments displaying ownership history and other information affecting properties throughout Maryland.

The Maryland State Archives is proposing to launch an updated version of the online land records in May 2025. According to the Maryland State Archivist, this updated online database will include improved search criteria, website stability, and enhanced security. However, another possible feature of the updated database would be the imposition of new fees. The Archivist has proposed a $0.20 per page fee for online viewing and downloading of records that are less than 100 years old. The impact of this new fee on legal practitioners who regularly access the online land records could be substantial for both them and their clients. 

The real estate industry was not provided advance notice of these impending charges. Accordingly, these charges, with substantial economic consequences both to the industry and consumers, apparently will be imposed with no meaningful input from outside of the State Archives.

Searle Mitnick, a member, and Austin Klinger, an associate, in Gordon Feinblatt’s real estate practice group, have been collaborating with the Real Property Section of the Maryland State Bar Association to oppose these charges. An alliance has been formed with other industry groups in opposition.  

We will supplement this information as developments warrant.
 

Searle E. Mitnick
410-576-4107 • smitnick@gfrlaw.com

Austin Klinger
410-576-4242 • aklinger@gfrlaw.com

Sear