reglab/housing_qa huggingface dataset:
NM Stat § 47-1-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-7 - [Powers of attorney and revocations thereof to be acknowledged and recorded.]

All powers of attorney or other writings containing authority to convey real estate, as agent or attorney of the owner of the same, or to execute, as agent for another, any conveyance of real estate, or by which real estate may be affected in law, or equity, shall be acknowledged, certified, filed and recorded, as other writings conveying or affecting real estate are required to be acknowledged. No such power of attorney, or other writing, filed and recorded in the manner prescribed in this section, shall be considered revoked by any act of the party executing the same, until the instrument of writing revoking the same, duly acknowledged and certified to, shall be filed for record and recorded in the office of the county clerk where said power of attorney or other writing is filed and recorded. History: Laws 1901, ch. 62, § 21; Code 1915, § 4774; C.S. 1929, § 117-118; 1941 Comp., § 75-106; 1953 Comp., § 70-1-6. ANNOTATIONSCross references. — For acknowledgements, see 14-14-1 to 14-14-11 NMSA 1978. Requirements for power to convey same as requirements for conveyance. — In order to give validity to a conveyance of lands under power of attorney, the power to convey must possess the same requisites and observe the same solemnities as are necessary in the deed directly conveying the land, and the only recognizable exception to the rule is where the execution by the agent or attorney is in the presence of and by the direction of the principal. Miera v. Miera, 1919-NMSC-016, 25 N.M. 299, 181 P. 583. Law reviews. — For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M. L. Rev. 1 (1974). Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of execution of deed by agent or attorney in fact in name of principal without his own name appearing, 96 A.L.R. 1252. Power of attorney under which deed or mortgage is executed, necessity of recording of, 114 A.L.R. 660. 2A C.J.S. Agency § 27.
NM Stat § 47-1-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-8 - [Conveyances under terminated power of attorney; validation.]

All conveyances or incumbrances of real or personal property heretofore or hereafter made in pursuance of a power of attorney valid when executed, are hereby declared valid notwithstanding the revocation of such power or the death of the donor of such power where the person to whom such conveyance or incumbrance is made or granted is a bona fide purchaser or incumbrancer for value and without notice of such revocation or death. History: 1941 Comp., § 75-106a, enacted by Laws 1945, ch. 69, § 1; 1953 Comp., § 70-1-7.
NM Stat § 47-1-9 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-9 - [Notice of revocation or death by means of affidavit.]

Notice of such revocation or death may be given so as to affect, with notice, all subsequent purchasers or incumbrancers within the meaning of Section 1 [47-1-8 NMSA 1978] hereof by the filing for record with the county clerk of the county where such real estate is located or where such personal property is usually situated, as the case may be, of the affidavit of any person declaring the facts. Such affidavit may be made on information and belief and such [shall] be duly acknowledged in the same manner as the instrument conveying real estate. History: 1941 Comp., § 75-106b, enacted by Laws 1945, ch. 69, § 2; 1953 Comp., § 70-1-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Affidavits §§ 12 to 15.
NM Stat § 47-1-10 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-10 - [Recordation of affidavit of termination of power of attorney.]

In the absence of the recordation of an affidavit as described in Section 2 [47-1-9 NMSA 1978] hereof, all subsequent bona fide purchasers or incumbrancers [incumbrances] without actual notice of the defects in such power of attorney as referred to in Section 1 [47-1-8 NMSA 1978] hereof, shall be entitled to the same interest and to the same extent as they would have been had such power of attorney not been subject to such defects. History: 1941 Comp., § 75-106c, enacted by Laws 1945, ch. 69, § 3; 1953 Comp., § 70-1-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 47-1-11 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-11 - [Instruments by agent authorized.]

All conveyances of real estate, mortgages, trust deeds, sales contracts and other instruments of writing affecting the title to real estate, subscribed and executed by the owner or owners thereof through his or her duly authorized agent under a duly executed and acknowledged power of attorney, shall have the same force and effect as though said conveyance, mortgage, trust deed, sales contract or other instrument affecting the title to real estate had been actually subscribed by the owner or owners thereof. History: Laws 1937, ch. 147, § 1; 1941 Comp., § 75-107; 1953 Comp., § 70-1-10. ANNOTATIONSValidating clauses. — Laws 1937, ch. 147, § 2, provided that all written instruments affecting title to realty heretofore subscribed and executed under a power of attorney are valid. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agency §§ 73 to 77. Authority of agent to endorse and transfer commercial paper, 37 A.L.R.2d 453. Power of real-estate broker to execute contract of sale in behalf of principal, 43 A.L.R.2d 1014.
NM Stat § 47-1-12 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-12 - [Conveyance by decree or master.]

In all actions relating to real estate, where it becomes necessary for the conveyance of the same by either party to the action the court may enter a decree, which of itself shall operate as a good and sufficient conveyance of the real estate in question or may appoint any proper person to make such conveyance for and on behalf of the party. History: Laws 1901, ch. 62, § 10; 1903, ch. 5, § 4; Code 1915, § 4773; C.S. 1929, § 117-117; 1941 Comp., § 75-108; 1953 Comp., § 70-1-11. ANNOTATIONSCross references. — For bringing an action for specific performance, see 42-7-1 to 42-7-4 NMSA 1978. For enforcement of decree for specific performance, see Rule 1-070 NMRA. Proceeding in rem to be brought in county where land situated. — A suit in aid of execution to compel grantees of land to execute conveyances vesting title in judgment debtor so as to permit plaintiff to obtain execution on judgment is a proceeding in rem and must be brought in the county in which the land is situated. Atler v. Stolz, 1934-NMSC-079, 38 N.M. 529, 37 P.2d 243, overruled on other grounds by Kalosha v. Novick, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845. A suit to redeem lands from sale under decree of court must be brought in the county where the lands are situated. Catron v. Gallup Fire Brick Co., 1929-NMSC-029, 34 N.M. 45, 277 P. 32, overruled on other grounds by Kalosha v. Novick, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845. Venue may be waived. — The rights conferred by the venue statute are not jurisdictional and may be waived. Kalosha v. Novick, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845. Constructive service of process is not sufficient in an action to reform a lease or sublease by decreasing rental payments, and allowing credit for excess payments. State ex rel. Truitt v. Dist. Court of Ninth Judicial Dist., 1939-NMSC-061, 44 N.M. 16, 96 P.2d 710.
NM Stat § 47-1-13 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-13 - [Lineal and collateral securities; contracts binding realty as against heirs and legal claimants.]

Lineal and collateral securities in all cases are hereby forbidden, but the heirs and legal claimants of any person who may have made any written contract or agreement shall be responsible for said contract or agreement to the extent of the lands limited or bequeathed, in such case, and in the manner prescribed by law. History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 27; C.L. 1884, § 1426; C.L. 1897, § 2046; Code 1915, § 4766; C.S. 1929, § 117-110; 1941 Comp., § 75-109; 1953 Comp., § 70-1-12. ANNOTATIONSSection does not prevent enforcement of oral contract to adopt children and leave them promisor's property on death of the latter. Wooley v. Shell Petroleum Corp., 1935-NMSC-008, 39 N.M. 256, 45 P.2d 927. Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Descent and Distribution § 134. Relative rights to real property as between purchasers from or through decedent's heirs and devisees under will subsequently sought to be established, 22 A.L.R.2d 1107. 26A C.J.S. Descent and Distribution § 124.
NM Stat § 47-1-14 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-14 - [Effect of words "bargained and sold".]

The words, bargained and sold, or words to the same effect, in all conveyances of hereditary real estate, unless restricted in express terms on the part of the person conveying the same, himself and his heirs, to the person to whom the property is conveyed, his heirs and assignees, shall be limited to the following effect: A. that the grantor, at the time of the execution of said conveyance, is possessed of an irrevocable possession in fee simple to the property so conveyed; B. that the said real estate, at the time of the execution of said conveyance, is free from all encumbrance made or suffered to be made by the grantor, or by any person claiming the same under him; C. for the greater security of the person, his heirs and assignees, to whom said real estate is conveyed by the grantor and his heirs, suits may be instituted the same as if the conditions were stipulated in the said conveyance. History: Laws 1851-1852, p. 374; C.L. 1865, ch. 44, § 3; C.L. 1884, § 2750; C.L. 1897, § 3941; Code 1915, § 4759; C.S. 1929, § 117-103; 1941 Comp., § 75-110; 1953 Comp., § 70-1-13. ANNOTATIONSCross references. — For the effect of the word "grant," see 47-1-32 NMSA 1978. "Hereditary real estate" means real estate of inheritance. Douglass v. Lewis, 131 U.S. 75, 9 S. Ct. 634, 33 L. Ed. 53 (1889). Effect of express covenant. — When an express covenant of warranty is introduced into a deed, the purchaser is denied the benefits of statutory covenants. Douglass v. Lewis, 131 U.S. 75, 9 S. Ct. 634, 33 L. Ed. 53 (1889). Covenants of warranty and seisin distinguished. — The covenant of warranty and that of seisin or of right to convey are not equivalent covenants. Defect of title will sustain an action upon the one, while disturbance of possession is requisite to recover upon the other. Douglass v. Lewis, 131 U.S. 75, 9 S. Ct. 634, 33 L. Ed. 53 (1889). "Possessed of an irrevocable possession in fee simple" means seised of an indefeasible estate in fee simple. Douglass v. Lewis, 131 U.S. 75, 9 S. Ct. 634, 33 L. Ed. 53 (1889). Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961). For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985). Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Deeds §§ 13, 263, 264. Risk of loss by casualty pending contract for conveyance of real property - modern cases, 85 A.L.R.4th 233. Construction and effect of provision in contract for sale of realty by which purchaser agrees to take property "as is" or in its existing condition, 8 A.L.R.5th 312. 26 C.J.S. Deeds § 7.
NM Stat § 47-1-15 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-15 - [Joint grantees or devisees; tenancy in common.]

All interest in any real estate, either granted or bequeathed to two or more persons other than executors or trustees, shall be held in common, unless it be clearly expressed in said grant or bequest that it shall be held by both parties. History: Laws 1851-1852, p. 374; C.L. 1865, ch. 44, § 17; C.L. 1884, § 2764; C.L. 1897, § 3961; Code 1915, § 4762; C.S. 1929, § 117-106; 1941 Comp., § 75-111; 1953 Comp., § 70-1-14. ANNOTATIONSCross references. — For conveyance to two or more persons "as joint tenants," see 47-1-35 NMSA 1978. For conveyances to married persons, see 40-3-12 NMSA 1978. Joint tenancy held created. — A deed executed by a husband in 1908 conveying community real estate to his wife and their daughter, stating that it was the intention of the grantor that the estate conveyed should be held by the grantees as joint tenants, created a joint tenancy, and not a tenancy in common in the entire premises. Brown v. Jackson, 1931-NMSC-053, 35 N.M. 604, 4 P.2d 1081. Real estate contract as evidence of transmutation of property. — Although a real estate contract is not conclusive and is not, by itself, substantial evidence on the issue of transmutation of property, it at least constitutes some evidence of intent to transmute. Nichols v. Nichols, 1982-NMSC-071, 98 N.M. 322, 648 P.2d 780. Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Deeds §§ 35, 179, 185, 274 to 276, 333, 359; 28 Am. Jur. 2d Estates § 2. Partnership, effect of designating by firm name grantee in deed to pass title to partners as tenants in common, 1 A.L.R. 564, 8 A.L.R. 493. Contribution as between cotenants in remainder as affected by fact that one or more of them owns, or did own, the life estate or an interest therein, 98 A.L.R. 859. Lease to two or more as creating a tenancy in common or a joint tenancy, 113 A.L.R. 573. Validity of provision in deed or other instrument creating a cotenancy that neither tenant shall encumber or dispose of his interest without consent of the other, 124 A.L.R. 222. Character of tenancy created by instrument purporting to convey one's title or interest to himself and another, 132 A.L.R. 632, 173 A.L.R. 1216, 44 A.L.R.2d 595. Character of tenancy created by owner's conveyance to himself and another, or to another alone, of an undivided interest, 44 A.L.R.2d 595. What constitutes a devise or bequest in joint tenancy notwithstanding statute raising a presumption against joint tenancy, 46 A.L.R.2d 523. Construction of devise to persons as joint tenants and expressly to the survivor of them, or to them "with the right of survivorship," 69 A.L.R.2d 1058. Regulation of time-share or interval ownership interests in real estate, 6 A.L.R.4th 1288. Estate created by deed to persons described as husband and wife but not legally married, 9 A.L.R.4th 1189. 26 C.J.S. Deeds §§ 24, 119, 125, 127; 48A C.J.S. Joint Tenancy §§ 22, 23.
NM Stat § 47-1-17 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-17 - [Entailed estates.]

Whenever a conveyance or bequest is made wherein the conveyor or testator shall hold possession of property, be it lands or tenements, in law or equity, as under the English Statute of Edward the First, styled the entail statute, and said property is to be perpetuated in the family, each one of said conveyances or bequests shall only invest the conveyors or testators with possession during their lifetime, who shall possess and hold the right and title to said premises, and no others, the same as a tenant for life is recognized by law; and at the death of said conveyor or testator said lands and tenements shall descend to the children of said conveyor or testator, to be equally divided among them as absolute tenants in common; and if there should be but one child, it shall descend absolutely to it; and if any child should die, the part which he or she should have received shall be given to his or her successor, and if there should be no such successor, then it shall descend to his or her legal heirs. History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 24; C.L. 1884, § 1423; C.L. 1897, § 2043; Code 1915, § 4763; C.S. 1929, § 117-107; 1941 Comp., § 75-112; 1953 Comp., § 70-1-15. ANNOTATIONSLaw reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 Am. Jur. 2d Estates §§ 44 to 55. Fee simple conditional as creating estate tail after enacting of statute de donis, 114 A.L.R. 606. 31 C.J.S. Estates § 23.
NM Stat § 47-1-17.1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-17.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1992, ch. 66, § 71 repealed 47-1-17.1 NMSA 1978, as enacted by Laws 1983, ch. 246, § 1, relating to modification of the rule against perpetuities, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 45-2-901 to 45-2-906 NMSA 1978.
NM Stat § 47-1-20 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-20 - [Remainder to unborn child.]

When any possession has been or shall be conveyed limiting the remainder of the possession to the son or daughter of any person, born after the death of its parent, possession shall be taken the same as if he or she was born during the life of the parent, although no possession should have been conveyed to sustain the remainder of a contingent possession after his death, and after this an absolute possession or bequest may be made, commencing in the future, in writing in the same manner as by will. History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 28; C.L. 1884, § 1427; C.L. 1897, § 2047; Code 1915, § 4767; C.S. 1929, § 117-111; 1941 Comp., § 75-115; 1953 Comp., § 70-1-18. ANNOTATIONSLaw reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961). For note, "Contingent Remainders; Rule of Destructibility Abolished in New Mexico," see 10 N.M.L. Rev. 471 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Deeds §§ 30, 289, 290, 214; 28 Am. Jur. 2d Estates § 132; 51 Am. Jur. 2d Life Tenants and Remaindermen §§ 5 to 13.
NM Stat § 47-1-21 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-21 - [Future possession dependent on death without heirs; effect of birth of posthumous child.]

A future possession depending upon the contingency of the death of a person without heirs shall be revoked by the birth of a posthumous son or daughter of said person capable of succeeding him. History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 29; C.L. 1884, § 1428; C.L. 1897, § 2048; Code 1915, § 4768; C.S. 1929, § 117-112; 1941 Comp., § 75-116; 1953 Comp., § 70-1-19. ANNOTATIONSLaw reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 Am. Jur. 2d Estates §§ 200, 280, 310. Afterborn children, conveyance by life tenant and remaindermen in esse as cutting off interest of, under devise for life with remainder to a class, 25 A.L.R. 770. Right of child en ventre sa mere to take under a conveyance or devise of present interest to parent and children, 50 A.L.R. 619. Who are within gift or grant to "offspring," 23 A.L.R.2d 842. Rights as between estate of life tenant and remaindermen in respect of proceeds of sale or disposition made in exercise of power given life tenant, 47 A.L.R.3d 1078. 31 C.J.S. Estates § 92.
NM Stat § 47-1-22 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 1 - Conveyances and General Provisions|Section 47-1-22 - [Grants of rents, returns or remainders.]

Grants of rents, returns or remainders of possession shall be valid without the previous ceremonies of the tenants, but no tenant having paid any rent to the grantor before receiving notice of the transfer shall be injured thereby. History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 30; C.L. 1884, § 1429; C.L. 1897, § 2049; Code 1915, § 4769; C.S. 1929, § 117-113; 1941 Comp., § 75-117; 1953 Comp., § 70-1-20. ANNOTATIONSTenant protected by notice requirement. — After notice to the tenant that premises have been conveyed by the lessor, the tenant must pay accruing rents to the grantee. Until the tenant has notice of the conveyance, he is protected in paying rent to his original landlord. Fletcher v. Bryan, 1966-NMSC-078, 76 N.M. 221, 413 P.2d 885. Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. — Life tenant's liability for waste as affected by assignment or transfer of his interest, 71 A.L.R. 1187. Reservation by deed of right to proceeds, or part of proceeds, of a future sale or condemnation of the property or part thereof, validity and effect of, where reversion exists, 123 A.L.R. 1475. Nature of estates or interests created by grant to one and heirs if donee should have any heirs, 16 A.L.R.2d 670. Rights as between life tenants and remaindermen to the increase in the value of the estate, 76 A.L.R.2d 162. Divorce property distribution: treatment and method of valuation of future interest in real estate or trust property not realized during marriage, 62 A.L.R.4th 107. 26 C.J.S. Deeds §§ 1, 117, 136; 31 C.J.S. Estates § 92.