2602

LAWS OF MARYLAND

Ch. 915

(7) A DESCRIPTION OF THE LAND, AS CONTAINED
IN THE CERTIFICATE OF SURVEY; AND

(8) THE ARCHIVIST'S CERTIFICATE THAT THE
PATENT IS PROPER TO BE ISSUED.

13-502. MANNER OF ISSUANCE; INAPPLICABILITY OF ARTICLE
78A.

(A)   MANNER OF ISSUANCE.

AFTER IT IS PREPARED BY THE ARCHIVIST, THE PATENT
SHALL:

(1)       BE SIGNED PROMPTLY BY THE GOVERNOR;

(2)          BE SEALED WITH THE GREAT SEAL OF THE
STATE OF MARYLAND; AND

(3)       BE RECORDED IN THE PATENT RECORDS OF THE
COMMISSIONER AND IN THE LAND RECORDS FOR EACH COUNTY IN
WHICH ANY PORTION OF THE LAND IS LOCATED.

(B)       INAPPLICABILITY OF ARTICLE 78A.

THE ISSUANCE OF A PATENT UNDER THIS TITLE IS NOT
SUBJECT TO THE PROVISIONS OF ARTICLE 78A OF THE CODE
GOVERNING THE SALE OR DISPOSITION OF STATE PROPERTY.

13-503. EFFECT OF PATENT.

(A)       QUITCLAIM OF STATE'S INTEREST.

THE ISSUANCE OF A PATENT GRANTS A FEE SIMPLE
INTEREST IN VACANT LAND AND OPERATES AS A QUITCLAIM OF
THE INTEREST OF THE STATE IN THE LAND.

(B)       STATE'S INTEREST UNAFFECTED UNTIL ISSUED.

THE INTEREST OF THE STATE DOES NOT PASS AND IS NOT
AFFECTED UNTIL A PATENT IS ISSUED.

(C)   EFFECT ON ENCUMBRANCE.

A PATENT ISSUED ON A WARRANT TO RESURVEY LAND
PREVIOUSLY PATENTED DOES NOT AFFECT OR IMPAIR ANY
MORTGAGE, DEED OF TRUST, EASEMENT, RIGHT-OF-WAY, OR
SIMILAR INTEREST IN THE LAND.

13-504. RETURN OF PURCHASE PRICE FOR INVALID PATENT.

(A) IN GENERAL.

SUBJECT TO SUBSECTION (B) OF THIS SECTION, IF, AFTER
THE EXHAUSTION OF ALL AVAILABLE DEFENSES AND APPEALS, A
COURT OF COMPETENT JURISDICTION DETERMINES THAT THE
PATENT IS INVALID AS TO ANY PORTION OF THE VACANT LAND
FOR WHICH IT WAS ISSUED, THE PERSON TO WHOM THE PATENT