Maryland's Land Surveying Law Framework
Maryland regulates land surveying through the Business Occupations and Professions Article of the Maryland Annotated Code. The Maryland State Board for Professional Land Surveyors, which operates under the Department of Labor, licenses surveyors and investigates complaints. A license is required to practice land surveying, to sign survey plats, or to provide legal descriptions for recorded documents in Maryland.
Who Is Licensed to Survey Land in Maryland
A Professional Land Surveyor (PLS) in Maryland must meet the following requirements before the Board issues a license:
- A degree in surveying, engineering, or a related field, or equivalent education and experience
- At least four years of progressive experience in land surveying under the direct supervision of a licensed PLS
- Passing scores on both the NCEES Fundamentals of Surveying (FS) exam and the Principles and Practice of Surveying (PS) exam
Maryland also licenses Certified Survey Technicians (CSTs) and allows them to perform fieldwork under a licensed PLS, but only a PLS can sign and seal a final survey plat.
What Licensed Surveyors Can Do in Maryland
Under Maryland law, only licensed Professional Land Surveyors can:
- Establish or re-establish property boundaries
- Prepare and certify plats for recording with the county clerk
- Provide legal descriptions for deeds and title documents
- Perform topographic surveys for public works projects
- Prepare elevation certificates for FEMA flood insurance purposes
- Testify as expert witnesses in boundary disputes
How Are Boundary Disputes Handled in Maryland?
Maryland's Real Property Article governs boundary disputes. When neighbors disagree about a property line, they can:
- Hire their own surveyors and compare the results
- Pursue mediation or arbitration to reach a negotiated agreement
- File suit in the Circuit Court for a judicial determination of the boundary
Maryland courts consider multiple forms of evidence in boundary disputes: recorded deeds and plats, the location of physical monuments placed by surveyors, historical occupation of the land, and expert surveyor testimony. The court may apply the doctrine of acquiescence if neighbors have treated a practical line as the boundary for many years, even if it does not match the deed precisely.
Adverse Possession
Maryland recognizes adverse possession. A person who openly, continuously, and exclusively occupies another's land for 20 years under a claim of right may acquire legal title. The standard in Maryland requires an action in court to perfect the adverse possession claim. A surveyor cannot grant title by marking a new line.
Plat Recording Requirements
In Maryland, subdivisions and certain boundary line adjustments require the owner to record a plat with the county's circuit court clerk and the Department of Assessments and Taxation (SDAT). The plat must be prepared and certified by a licensed PLS. Requirements vary by county for minor lot line adjustments versus full subdivisions, and each county has its own subdivision regulations.
Fence Laws and Survey Requirements
Maryland's Real Property Article includes provisions for partition fences between adjacent landowners. Maryland does not require a boundary survey before building a fence, but building on the wrong line can result in legal liability. Local zoning ordinances in Montgomery County, Prince George's County, Baltimore City, and other jurisdictions set setback requirements from property lines that effectively require knowledge of where the line is.
Waterfront and Tidal Boundary Rules
Properties bordering the Chesapeake Bay, tidal creeks, and navigable rivers in Maryland have boundaries defined by the mean high water line. The state of Maryland owns the land below the mean high water line on tidal waters. Surveying these boundaries requires knowledge of tidal datums and specialized field methods. Maryland's Critical Area Commission also regulates development within 1,000 feet of tidal waters, and accurate surveys are essential for determining whether a proposed project falls within the regulated buffer.
Find a Licensed Surveyor in Maryland
Use the directory as a starting point, then confirm the responsible surveyor's current license before hiring.