2140 ARTICLE 63.
An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1838, ch. 205, sec. 2.
4. The said lien shall extend to the ground covered by such building
and to so much other ground immediately adjacent thereto and belong-
ing in like manner to the owner of such building as may be necessary
for the ordinary and useful purposes of such building, the quantity and
boundaries whereof shall be designated in the following manner.
A lien for the erection of buildings for a school, held to be restricted to farm tract
on which such buildings were located, and not to extend to adjoining land owned
by defendant. This section compared with sec. 7. Filston Farm Co. v. Henderson,
106 Md. 374.
Where two lots though contiguous are wholly distinct, and buildings are not
located on smaller lot, which is not necessary for ordinary and useful purposes of
buildings, latter will not be sold in enforcing lien. Fulton v. Parlett, 104 Md. 71.
Cited but not construed in Beehler v. Ijams, 72 Md. 195.
See sec. 15 and notes.
An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1838, ch. 205, sec. 4.
5. The owner of any lot or farm who may be desirous of erecting any
building or of contracting with any person for the erection thereof may
define in writing the boundaries of the lot or land or curtilage appurte-
nant to such' building previously to the commencement thereof and file
the same with the clerk of the circuit court for the county, or of the su-
perior court of Baltimore city, as the case may be, for record, and such
designation of boundaries shall be obligatory upon all persons concerned.
Where owner fails to avail himself of this section, or of secs. 6 or 8, the decree
will not be reversed because more land was directed to be sold than was necessary
for ordinary and useful purposes of buildings. Fulton v. Parlett, 104 Md. 70.
Cited but not construed in Filston Farm Co. v. Henderson, 106 Md. 373.
An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1838, ch. 205, sec. 5. 1845, ch. 287, sec. 6.
6. In default of such designation of boundaries previous to the com-
mencement of any building, it shall be lawful for the owner of such lot
or piece of ground, or for any person having a lien upon the same by
mortgage, judgment or otherwise, or entitled to a lien by virtue of this
article, to apply by petition in writing to the judge of the circuit court
for the county or the superior court of the city of Baltimore to designate
the boundaries.
Cited but not construed in Nicolai v. Baltimore, 100 Md. 585.
See notes to secs. 5 and 7.
An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1838, ch. 205, sec. 6.
7. It shall be the duty of said court to issue an order to the county or
city surveyor or some other surveyor to examine the building or place at
which such building is being erected and to make a report to such court,
in which he shall sufficiently designate and describe by metes and bounds
with their courses and distances, and by a draft if necessary, the limits
and extent of grounds necessary for the convenient use of such building
for the purpose for which it was designed and such report shall be entered
|