Power of Attorney for Real Estate in Maryland: Recording and Transaction Rules

Using a power of attorney for real estate in Maryland involves requirements that do not apply to any other type of POA transaction. The document must be recorded in county land records before your agent can buy, sell, mortgage, or transfer property — and the recording package itself has components that catch most families off guard.

The Recording Requirement Under RP § 4-107

Maryland Real Property § 4-107 requires that any power of attorney authorizing the transfer of real property must be formally recorded in the Land Records office of the Circuit Court Clerk in the county where the property is located. This recording must occur before or simultaneously with the recording of any deed or mortgage executed by the agent.

If the principal owns property in multiple counties, the POA must be recorded in each county. A POA recorded only in Baltimore County does not authorize the agent to conduct transactions on property in Montgomery County.

Recording fees are $20 for documents of 1 to 9 pages and $75 for documents of 10 or more pages.

What the Recording Package Requires

Recording the POA alone is not enough when the agent conducts a real estate transaction. The full recording package for a deed executed under a POA includes:

The deed itself. Under Real Property § 3-104, the deed must be signed by the agent on behalf of the principal, notarized, and accompanied by a Certificate of Preparation signed by a licensed Maryland attorney or one of the actual parties to the deed.

Maryland Land Instrument Intake Sheet. This form is required for all real estate recordings and captures the essential details of the transaction — property description, parties involved, and the basis for calculating transfer and recordation taxes.

Lien Certificate. In many Maryland counties, the local Office of Finance must issue a lien certificate confirming that all property taxes, assessments, and utility charges are paid in full before the Circuit Court Clerk will accept the deed for recording. Montgomery County, Queen Anne's County, and several others require this step.

Transfer and recordation taxes. Maryland imposes both state and county-level transfer taxes on real estate conveyances, plus recordation taxes calculated per $500 of consideration. The agent pays these at recording.

Specific Rules for POA-Executed Real Estate Transactions

When an agent signs a deed on behalf of the principal, the deed must clearly identify both parties. Standard practice is for the agent to sign as: "Jane Smith, as agent for John Smith, under Power of Attorney dated [date], recorded among the Land Records of [County] at [Liber/Folio or recording reference]."

Title companies and settlement attorneys will verify the POA's recording before proceeding with any closing. An unrecorded POA is grounds for a title company to refuse to insure the transaction, which effectively kills the deal.

The agent's authority over real estate is limited to what the POA explicitly grants. A general grant of powers in the statutory form includes real property authority, but limited POAs must specifically name real estate as a granted power. Language like "to sell my property at 123 Main Street, Annapolis, Maryland" is typical for transaction-specific limited POAs.

Affidavit of Owner-Occupancy

If the property being transferred is or will be used as a primary residence, the recording package must include an Affidavit of Owner-Occupancy. This affidavit may qualify the transaction for reduced transfer tax rates available for owner-occupied residential properties. The agent can sign this affidavit on behalf of the principal when authorized by the POA.

When the POA Cannot Be Used

There are situations where a POA does not authorize real estate transactions even when broad authority is granted:

• After the principal's death. The POA terminates immediately at death, and the agent cannot complete a real estate sale that was in progress. Authority transfers to the personal representative through probate.
• Self-dealing restrictions. The agent cannot use the POA to transfer the principal's property to themselves unless the Special Instructions explicitly authorize self-dealing. Without this language, such a transfer is a breach of fiduciary duty under ET § 17-113.
• Transactions beyond the granted scope. A limited POA for banking does not cover real estate. The document must specifically include real property authority.

The Maryland Power of Attorney Kit includes the real estate recording checklist with county-specific requirements, along with the full signing ceremony protocol for property transactions.

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