reglab/housing_qa huggingface dataset:
NM Stat § 42-5A-2 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-2 - Definitions.

As used in the Uniform Partition of Heirs Property Act: A. "ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual; B. "collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant; C. "descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual; D. "determination of value" means a court order determining the fair market value of heirs property under Section 6 [42-5A-6 NMSA 1978] or 10 [42-5A-10 NMSA 1978] of the Uniform Partition of Heirs Property Act or adopting the valuation of the property agreed to by all cotenants; E. "heirs property" means real property held in tenancy in common, but does not include undivided mineral interests, and that satisfies all of the following requirements as of the filing of a partition action: (1) there is no agreement in a record binding all the cotenants that governs the partition of the property; (2) one or more of the cotenants acquired title from a relative, whether living or deceased; and (3) any of the following applies: (a) twenty percent or more of the interests are held by cotenants who are relatives; (b) twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (c) twenty percent or more of the cotenants are relatives; F. "partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids or open-market sale, conducted under Section 10 of the Uniform Partition of Heirs Property Act; G. "partition in kind" means the division of heirs property into physically distinct and separately titled parcels; H. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and I. "relative" means an ascendant, descendant or collateral or an individual otherwise related to another individual by blood, marriage, adoption or law of this state other than the Uniform Partition of Heirs Property Act. History: Laws 2017, ch. 41, § 2. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 2 effective January 1, 2018.
NM Stat § 42-5A-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-3 - Applicability; relation to other law.

A. The Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2017. B. In an action to partition real property under Chapter 42, Article 5 NMSA 1978, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under the Uniform Partition of Heirs Property Act unless all of the cotenants otherwise agree in a record. C. The Uniform Partition of Heirs Property Act supplements Chapter 42, Article 5 NMSA 1978 and, if an action is governed by the Uniform Partition of Heirs Property Act, replaces provisions of Chapter 42, Article 5 NMSA 1978 that are inconsistent with the Uniform Partition of Heirs Property Act. History: Laws 2017, ch. 41, § 3. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 3 effective January 1, 2018.
NM Stat § 42-5A-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-4 - Service; notice by posting.

A. The Uniform Partition of Heirs Property Act does not limit or affect the method by which service of a complaint in a partition action may be made. B. If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than ten days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants. History: Laws 2017, ch. 41, § 4. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 4 effective January 1, 2018.
NM Stat § 42-5A-5 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-5 - Commissioners.

If the court appoints commissioners pursuant to Section 42-5-6 NMSA 1978, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Section 42-5-6 NMSA 1978, shall be disinterested and impartial and not a party to or a participant in the action. History: Laws 2017, ch. 41, § 5. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 5 effective January 1, 2018.
NM Stat § 42-5A-6 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-6 - Determination of value.

A. Except as otherwise provided in Subsections B and C of this section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to Subsection D of this section. B. If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation. C. If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value. D. If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court. E. If an appraisal is conducted pursuant to Subsection D of this section, not later than ten days after the appraisal is filed, the court shall send notice to each party with a known address stating: (1) the appraised fair market value of the property; (2) that the appraisal is available at the clerk's office; and (3) that a party may file with the court an objection to the appraisal not later than thirty days after the notice is sent, stating the grounds for the objection. F. If an appraisal is filed with the court pursuant to Subsection D of this section, the court shall conduct a hearing to determine the fair market value of the property not sooner than thirty days after a copy of the notice of the appraisal is sent to each party under Subsection E of this section, whether or not an objection to the appraisal is filed under Paragraph (3) of Subsection E of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party. G. After a hearing under Subsection F of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value. History: Laws 2017, ch. 41, § 6. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 6 effective January 1, 2018.
NM Stat § 42-5A-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-8 - Partition alternatives.

A. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 7 [42-5A-7 NMSA 1978] of the Uniform Partition of Heirs Property Act or if, after conclusion of the buyout under that section, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section 9 [42-5A-9 NMSA 1978] of the Uniform Partition of Heirs Property Act, finds that partition in kind will result in manifest prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. B. If the court does not order partition in kind under Subsection A of this section, the court shall order partition by sale pursuant to Section 10 [42-5A-10 NMSA 1978] of the Uniform Partition of Heirs Property Act, or if no cotenant requested partition by sale, the court shall dismiss the action. C. If the court orders partition in kind pursuant to Subsection A of this section, the court may require that one or more cotenants pay one or more other cotenants' amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held. D. If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable or the subject of a default judgment, if their interests were not bought out pursuant to Section 7 of the Uniform Partition of Heirs Property Act, a part of the property representing the combined interests of these cotenants as determined by the court. History: Laws 2017, ch. 41, § 8. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 8 effective January 1, 2018.
NM Stat § 42-5A-9 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-9 - Considerations for partition in kind.

A. In determining under Subsection A of Section 8 [42-5A-8 NMSA 1978] of the Uniform Partition of Heirs Property Act whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following: (1) whether the heirs property practicably can be divided among the cotenants, including whether portions of the property once divided would be of sufficient size, and have adequate access and legal rights, to serve intended uses; (2) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur; (3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance or upkeep of the property; and (7) any other relevant factor. B. The court shall not consider any one factor in Subsection A of this section to be dispositive without weighing the totality of all relevant factors and circumstances. C. The court shall not partition property in a manner that would result in subdivision of the property that would not otherwise be allowable under valid covenants and restrictions or applicable law. History: Laws 2017, ch. 41, § 9. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 9 effective January 1, 2018.
NM Stat § 42-5A-10 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-10 - Open-market sale, sealed bids or auction.

A. If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. B. If the court orders an open-market sale and the parties, not later than ten days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court. C. If the broker appointed under Subsection B of this section obtains within a reasonable time an offer to purchase the property for at least the determination of value: (1) the broker shall comply with the reporting requirements in Section 11 [42-5A-11 NMSA 1978] of the Uniform Partition of Heirs Property Act; and (2) the sale may be completed in accordance with state law other than the Uniform Partition of Heirs Property Act. D. If the broker appointed under Subsection B of this section does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may: (1) approve the highest outstanding offer, if any; (2) redetermine the value of the property and order that the property continue to be offered for an additional time; or (3) order that the property be sold by sealed bids or at an auction. E. If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under Chapter 42, Article 5 NMSA 1978. F. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds. History: Laws 2017, ch. 41, § 10. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 10 effective January 1, 2018.
NM Stat § 42-5A-11 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-11 - Report of open-market sale.

A. Unless required to do so within a shorter time by Chapter 42, Article 5 NMSA 1978, a broker appointed under Subsection B of Section 10 [42-5A-10 NMSA 1978] of the Uniform Partition of Heirs Property Act to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under Section 6 [42-5A-6 NMSA 1978] or 10 of the Uniform Partition of Heirs Property Act. B. The report required by Subsection A of this section shall contain the following information: (1) a description of the property to be sold to each buyer; (2) the name of each buyer; (3) the proposed purchase price; (4) the terms and conditions of the proposed sale, including the terms of any owner financing; (5) the amounts to be paid to lienholders; (6) a statement of contractual or other arrangements or conditions of the broker's commission; and (7) other material facts relevant to the sale. History: Laws 2017, ch. 41, § 11. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 11 effective January 1, 2018.
NM Stat § 42-5A-12 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-12 - Uniformity of application and construction.

In applying and construing the Uniform Partition of Heirs Property Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2017, ch. 41, § 12. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 12 effective January 1, 2018.
NM Stat § 42-5A-13 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 5A - Uniform Partition of Heirs Property|Section 42-5A-13 - Relation to Electronic Signatures in Global and National Commerce Act.

The Uniform Partition of Heirs Property Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). History: Laws 2017, ch. 41, § 13. ANNOTATIONSEffective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 13 effective January 1, 2018.
NM Stat § 42-6-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-3 - [Numerous claimants; suit by committee.]

Whenever any number of persons, more than ten, hold or claim the title to any tract of land as tenants in common, coclaimants, joint tenants or coparceners holding and claiming such land by adverse possession or otherwise they may elect or appoint a committee from their number who shall be authorized to commence and maintain an action in the name of such committee for the benefit and to the use of the whole number of such persons against any person or persons claiming an adverse estate or interest therein for the purpose of determining such adverse claim or of establishing their title, or of removing a cloud upon the same. History: Laws 1907, ch. 76, § 2; Code 1915, § 4389; C.S. 1929, § 105-2003; 1941 Comp., § 25-1303; 1953 Comp., § 22-14-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-6-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-4 - [Committee may make contracts; binding effect.]

The committee so appointed may make and execute all contracts which they deem necessary or requisite for the commencement and prosecution of said action and the same shall be binding upon all the persons who participate in the selection or appointment of said committee. History: Laws 1907, ch. 76, § 3; Code 1915, § 4390; C.S. 1929, § 105-2004; 1941 Comp., § 25-1304; 1953 Comp., § 22-14-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-6-5 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-5 - [Manner of appointment of committee; effect of appointment; persons not appointing committee made defendants; unknown claimants.]

The appointment of such committee may be by an instrument or instruments in writing, executed by the persons so holding or claiming such title and acknowledged as provided by law for acknowledgment of other interests affecting the title to real estate in this state, which instrument or instruments or certified copies thereof shall be filed at the time of commencement of such action in the office of the clerk of the district court of the district in which such tract of land is situate and the decree rendered therein shall recite the names of all such persons so participating in the selection of said committee and shall be binding upon all such persons as an adjudication of their interests in the tract of land involved. All persons claiming any interest or estate in such tract of land as tenants in common or otherwise who do not participate in the selection of such committee, and all unknown claimants thereto may be made parties defendant to such action and process may be served upon them as in other civil actions. History: Laws 1907, ch. 76, § 4; Code 1915, § 4391; C.S. 1929, § 105-2005; 1941 Comp., § 25-1305; 1953 Comp., § 22-14-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For acknowledgements, see 14-14-1 NMSA 1978 et seq. For service of process, see Rule 1-004 NMRA. For persons refusing to join as plaintiffs, made defendants, see Rule 1-019 A NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quieting Title § 69.
NM Stat § 42-6-6 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 6 - Quieting Title|Section 42-6-6 - [Joinder of parties plaintiff.]

Any two or more persons claiming any estate or interest in lands under a common source of title, whether holding as tenants in common, joint tenants, coparceners or in severalty, may unite in an action against any person or persons claiming an adverse estate or interest therein, for the purpose of determining such adverse claim, or of establishing such common source of title or of removing a cloud upon the same. History: Laws 1907, ch. 76, § 5; Code 1915, § 4392; C.S. 1929, § 105-2006; 1941 Comp., § 25-1306; 1953 Comp., § 22-14-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For necessary joinder of parties, see Rule 1-019 NMRA. For permissive joinder of parties, see Rule 1-020 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quieting Title §§ 69 to 78, 82. Joinder of claims to separate parcels in suit to quiet title, or to remove cloud on, or to determine adverse claims of land, 118 A.L.R. 1400. 74 C.J.S. Quieting Title § 55.