This compilation of the requirements for Carroll County, is one in a series of articles that identify issues that must be addressed in agreements of sale for real estate located within particular subdivisions in Maryland.

Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements of language that must be contained within an agreement for the sale for real property, and in particular in a contract involving residential property. This article compiles only the requirements imposed within Carroll County:

1. Notice pertaining to cemeteries. A person who owns land in Carroll County on which all or a part of a cemetery is located, is required by Maryland Annotated Code, Real Property Article § 14-119, to

(1) Record the location of the cemetery, without using a survey, in the Office of the Clerk of the Circuit Court for Carroll County; and
(2) Give written notice of the location of the cemetery, without using a survey, to any prospective buyer of the land.

The Clerk of the Court is required to index and file documents received under this provision, in the land records under the grantor index, and the practice is to provide the relevant recording reference within the above described notice in a contract of sale for land.

2. Right to farm real estate transfer disclosure. “Upon any transfer of real property by any means, the transferor shall provide the purchaser or lessee a statement specifically advising the purchaser or lessee of the existence of this chapter which shall be in substantially the form set forth” inOrdinances of Carroll County § 173-5(a):

“REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE COUNTY OF CARROLL, STATE OF MARYLAND, DESCRIBED AS ________________________. THIS STATEMENT IS A DISCLOSURE OF THE EXISTENCE OF THE CARROLL COUNTY RIGHT TO FARM ORDINANCE IN COMPLIANCE WITH CHAPTER 173 OF THE CODE OF PUBLIC LOCAL LAWS AND ORDINANCES OF CARROLL COUNTY (RIGHT TO FARM).

SELLER’S INFORMATION

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
AGRICULTURAL OPERATIONS (as defined in the Carroll County Right to Farm Chapter) LAWFULLY EXIST IN ALL ZONING DISTRICTS WITHIN THE COUNTY. You may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, fumes, dust, flies, the operation of machinery of any kind during any 24-hour period (including aircraft), vibration, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, and pesticides. Carroll County has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be an interference with reasonable use and enjoyment of land, if such operations are conducted in accordance with generally accepted agricultural management practices. Carroll County has established a reconciliation committee to assist in the resolution of disputes which might arise between persons in this county regarding whether agricultural operations conducted on agricultural lands are causing an interference with the reasonable use and enjoyment of land or personal well being and whether those operations are being conducted in accordance with generally accepted agricultural practices. If you have any questions concerning this policy or the reconciliation committee, please contact the Carroll County Planning Department for additional information.

Seller _________________________
Date: ____________________
Seller _________________________
Date: ____________________

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT:

Buyer__________________________ Date:____________________
Buyer__________________________ Date:____________________

IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.”

Of import, this right to farm real estate transfer disclosure must not only be made in every contract of sale, but also be made in every lease in Carroll County.

Any person who violates any provision of this right to farm real estate transfer disclosure provision “is guilty of an infraction punishable by a civil penalty not exceeding $100.00.” Failure to comply with any provision of this disclosure requirement “does not prevent the recording of any document, or the title to real property or any mortgage or deed of trust made in good faith or for value, and it shall not affect the application of this chapter.”

Beyond the scope of this compilation of Carroll County requirements, be aware there are federal notices on the thickness of insulation in a new house, federal and state lead paint disclosures and warnings, state disclaimers or disclosures with respect to the condition of a property, state forest conservation notices, and a host of other provisions that may be required to be contained within a particular contract of sale for real estate or the parties risk that the contract may be voidable or worse.

Also beyond the matters described in this article, most other local governments within Maryland impose requirements on sellers of real estate, including mandates to incorporate specific language within an agreement of sale. In fact, the article Checklist of Required Real Estate Contract Provisions in Baltimore County, Maryland is among the most popular articles on this firm’s website.

This article simply identifies issues that must be considered by a seller or purchaser of real estate in Carroll County in advance of consulting with an attorney about a final form of contract.