§ 18-3-307. ACCEPTANCE OF ROAD DEDICATIONS.  


Latest version.
  • (a)

    Authority of county to accept a dedicated road or alley. When an owner of property in the county opens, lays out, grades, paves, and drains, in accordance with the requirements of the county, a road or alley for the public convenience and is willing to dedicate the road or alley to public uses by a good and sufficient deed duly recorded, the county may accept the road or alley if the county determines that the road or alley is necessary and convenient for public use.

    (b)

    Conditions for acceptance. The county may not accept:

    (1)

    A road constructed in a right-of-way that is less than 40 feet in width;

    (2)

    An alley constructed in a right-of-way that is less than 14 feet in width; or

    (3)

    A road or alley unless, in the judgement of the county the road or alley is duly and properly graded, paved, and drained.

    (c)

    Duty of the property owner.

    (1)

    Acceptance by the county of the dedicated road or alley shall be endorsed on and recorded with the deed.

    (2)

    (i)

    A plat of the dedicated road or alley shall be:

    1.

    Made a part of the deed; and

    2.

    Recorded with the deed.

    (ii)

    A duplicate plat shall be furnished for preservation among the records of the county.

    (d)

    Duty to maintain dedicated road or alley. The county shall maintain a road or alley that has been accepted by the county in the same good order and repair as other county roads.

    (1988 Code, § 31-50) (Bill No. 66-01, § 2, 7-1-2004)

    Annotations:
    Failure to endorse acceptance upon deed (as required under § 595 of the 1929 Code), a formal defect, cured by proof of actual acceptance. County Commissioners of Baltimore County v. Collins, 158 Md. 335, 148 Atl. 242 (1930).
    Applied in Chapman v. Rogan, 222 Md. 12, 158 A.2d 626 (1960).
    Section 28-16 of the code (1958) cited in Gerezak v. Todd, 233 Md. 25, 194 A.2d 799 (1963).