reglab/housing_qa huggingface dataset:
NM Stat § 47-3-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 3 - Solar Rights|Section 47-3-7 - Legislative findings and declaration.

The legislature finds that in view of the present energy crisis, all renewable energy sources must be encouraged for the benefit of the state as a whole. The legislature further finds that solar energy is a viable energy source in New Mexico, and as such, its development should be encouraged. Since solar energy may be used in small-scale installations and one of the ways to accomplish such encouragement is by protection of rights necessary for small-scale installations, the legislature declares such protection to be the purpose of the Solar Recordation Act and necessary to the public interest. History: Laws 1983, ch. 233, § 2.
NM Stat § 47-3-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 3 - Solar Rights|Section 47-3-8 - Method of claiming; effect; limitations.

A solar right may be claimed by an owner of real property upon which a solar collector, as defined in Subsection A of Section 47-3-3 NMSA 1978, has been placed. Once vested, the right shall be enforceable against any person who constructs or plans to construct any structure, in violation of the terms of the Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978] or the Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978]. A solar right shall be considered an easement appurtenant, and a suit to enforce a solar right may be brought at law or in equity. The solar right shall be subject to the provisions of the Solar Recordation Act and the Solar Rights Act. History: Laws 1983, ch. 233, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Solar energy: landowner's rights against interference with sunlight desired for purposes of solar energy, 29 A.L.R.4th 349.
NM Stat § 47-3-10 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 3 - Solar Rights|Section 47-3-10 - Transfer.

Unless the document of conveyance otherwise specifies, upon the transfer of any realty on which a solar right exists or upon the transfer of any realty benefited by a filed declaration contesting a solar right, that solar right or declaration contesting the solar right shall be transferred with the realty and shall be enforceable by the vendee in the same manner and to the same extent to which it was enforceable by the vendor. A solar right is appurtenant to the real property upon which the solar collector is situated. Nothing in this section shall be construed to prevent a person from agreeing to relinquish a solar right or a potential solar right. Nothing in this section shall affect any transfer of solar rights made prior to the effective date of the Solar Recordation Act pursuant to Paragraph (3) of Subsection B of Section 47-3-4 NMSA 1978 or any local solar rights ordinance. History: Laws 1983, ch. 233, § 5.
NM Stat § 47-3-11 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 3 - Solar Rights|Section 47-3-11 - Local authority.

A. Notwithstanding any other provisions of the Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978] or the Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978], the governing body of a county or municipality may by ordinance regulate in whole or in part the claiming of solar rights in accordance with its powers to regulate zoning, planning and platting, and subdivisions; except that any solar right claimed pursuant to such local ordinance shall vest with respect to any property benefited or burdened by the solar right only after recordation as provided in Section 4 [47-3-9 NMSA 1978] of the Solar Recordation Act. Such local regulation shall not affect any solar right vested before the effective date of such ordinance, nor shall the local regulation affect any solar rights transfer which vested prior to the effective date of such ordinance. In the absence of the local regulation of solar rights, the following principles shall apply in addition to those set forth in the Solar Rights Act. If the property burdened by a solar right has or could have improvements constructed to a maximum height of twenty-four feet, then the solar right shall be limited, as to that burdened property, to protecting an unobstructed line-of-sight path from the solar collector to the sun only as to obstructions located on the burdened property which cast a shadow greater than the shadow cast by a hypothetical fence ten feet in height located on the property line of the property on which the solar collector is located. If the property burdened by a solar right has or could have improvements constructed in excess of twenty-four feet in height, but no greater than thirty-six feet, then the solar right shall be limited, as to that burdened property, to protecting an unobstructed line-of-sight path from the solar collector to the sun only as to obstructions located on the burdened property which cast a shadow greater than the shadow cast by a hypothetical fence fifteen feet in height located on the property line of the property on which the solar collector is located. No solar right shall be obtained against property which has or could have improvements constructed in excess of thirty-six feet in height unless so provided in a local ordinance or agreed to by contract. Unless otherwise provided by contract or local ordinance, a person may allow vegetation to grow or construct or plan to construct any improvement which obstructs the protected solar right so long as such obstruction does not block more than ten percent of the collectible solar energy between the hours of 9:00 a.m. and 3:00 p.m. Unless otherwise provided by contract or local ordinance, solar rights shall be protected between 9:00 a.m. and 3:00 p.m. B. Nothing in the Solar Recordation Act shall be construed to limit any county or municipal ordinances concerning solar rights in effect prior to the effective date of this section. History: Laws 1983, ch. 233, § 6.
NM Stat § 47-3-12 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 3 - Solar Rights|Section 47-3-12 - Indexing.

A declaration filed pursuant to Section 4 [47-3-9 NMSA 1978] of the Solar Recordation Act shall be indexed by the county clerk in the grantees index under the names of the persons receiving notice in the declaration and in the grantors index under the name of the person filing the declaration. History: Laws 1983, ch. 233, § 7.
NM Stat § 47-4-1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-1 - Definitions.

As used in this act [47-4-1 to 47-4-9 NMSA 1978]: A. "person" includes individuals, firms, partnerships, associations, cooperatives and corporations; and B. "abstracter's business" means the business of compiling or furnishing abstracts of title to any real estate within this state. History: 1953 Comp., § 70-2-5, enacted by Laws 1963, ch. 307, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abstracts of Title § 1 et seq. Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 A.L.R.4th 314. 1 C.J.S. Abstracts of Title §§ 3, 5, 6 to 12.
NM Stat § 47-4-2 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-2 - Requirements for bond.

A. No person shall conduct an abstracter's business without first entering into a bond to the state of New Mexico for the use and benefit of any person who shall sustain any loss or damage by reason of the failure of the abstracter to set out, or record, properly, any instrument, or other item of record, affecting the title to the real estate covered by the abstract. B. The bond shall be with a surety company authorized to do business in this state and shall be in the penal sum of $7,500.00. C. The bond shall be approved, as to the statutory amount, by the county clerk of the county in which the abstract business is to be conducted, and the county clerk shall record the bond. If an abstracter's business is to be conducted in more than one county, a separate bond, in the proper amount, shall be filed in each county. History: 1953 Comp., § 70-2-6, enacted by Laws 1963, ch. 307, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abstracts of Title § 1 et seq. Liability of attorney for negligence in connection with investigation or certification of title to real estate, 59 A.L.R.3d 1176. 1 C.J.S. Abstracts of Title §§ 8, 11, 13.
NM Stat § 47-4-3 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-3 - Limitation of action on bond.

No suit shall be brought upon the bond, or against the surety, after six years from the date of the last certificate contained in the abstract. History: 1953 Comp., § 70-2-7, enacted by Laws 1963, ch. 307, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abstracts of Title § 1 et seq.
NM Stat § 47-4-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-4 - Requirement of abstract plant.

No person shall conduct an abstracter's business unless the person owns, operates or controls an abstract plant consisting of tract indexes and other records, showing in brief comprehensive form, or full copy, all instruments of record or on file, affecting real estate in the county where he is bonded to transact business. The plant shall include an index, by name, covering district court and probate court records, transcripts of judgments, federal and state tax liens and other required information for the proper preparation of an abstract. The abstract plant may be maintained in bound books, looseleaf books, jackets, folders, on card files or film, or any other form or system, whether manual, mechanical, electronic or otherwise, or in any combination of such forms or systems. The abstract plant shall cover the period from twenty years prior to July 1, 1963, or twenty years prior to the date the abstracter commences business, whichever is later, up to date. The plant must also be currently maintained to include all daily filings in the county affecting real property. History: 1953 Comp., § 70-2-8, enacted by Laws 1963, ch. 307, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 1 C.J.S. Abstracts of Title §§ 1, 4.
NM Stat § 47-4-5 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-5 - Exemption from requirement of abstract plant for certain abstracters.

A. Every person who, on January 1, 1963, was actively engaged in the business of compiling or furnishing abstracts of title to real estate within any county in this state, shall be exempt from the requirement of having a twenty-year abstract plant in order to conduct an abstracters [abstracter's] business in such county, provided that an abstract plant is maintained on a current basis, commencing July 1, 1963. B. There shall be excluded from the provisions of Section 4 [47-4-4 NMSA 1978] all persons exclusively engaged in the preparation of abstracts using only the records of the bureau of land management, commissioner of public lands, and/or bureau of Indian affairs. History: 1953 Comp., § 70-2-9, enacted by Laws 1963, ch. 307, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Abstracter's employee not engaged in compiling or furnishing abstracts. — An employee of a bonded abstracter on January 1, 1963, who was compiling abstracts for the bonded abstracter and which abstracts were furnished under the name and bond of his employer was not a person actively engaged in the business of compiling or furnishing abstracts within the meaning of this section so as to be exempt from the 20-year plant requirement, even though he might comply with the requirement that he has maintained an abstract plant on a current basis commencing July 1, 1963. 1966 Op. Att'y Gen. No. 66-86. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abstracts of Title § 1 et seq. Right of abstracter to inspect or make copies of public records, 80 A.L.R. 760.
NM Stat § 47-4-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-6 - Affidavit of requirement of compliance with requirement of abstract plant.

No person shall conduct an abstracter's business without first filing with the county clerk of the county where the business shall be conducted, an affidavit that such person has complied, and is complying, with the requirements for an abstract plant. The affidavit shall be filed on or before July 1 of each year and abstracter is required to file such an affidavit yearly. History: 1953 Comp., § 70-2-10, enacted by Laws 1963, ch. 307, § 6.
NM Stat § 47-4-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-7 - Territorial limit on abstracters [abstracter's] business.

An abstracter who has filed the necessary bond and affidavit shall receive a certificate from the county clerk to the effect that the bond and affidavit have been recorded, and this certificate shall be evidence of the right and authority of the abstracter to conduct business in the county so long as he maintains, unimpaired, the surety on the bond and the necessary abstract plant. The certificate shall permit the abstracter to compile and furnish abstracts of title on property located in the county or counties for which the abstracter has the necessary abstract plant, provided that a bonded abstracter may compile and furnish abstracts for any county where there is no bonded abstracter. History: 1953 Comp., § 70-2-11, enacted by Laws 1963, ch. 307, § 7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 47-4-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-8 - Penalty for violation of act.

Any person found guilty of violating the provisions of this act [47-4-1 to 47-4-9 NMSA 1978], including, but not limited to the filing of a false affidavit, shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. History: 1953 Comp., § 70-2-12, enacted by Laws 1963, ch. 307, § 8. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 A.L.R.4th 314.
NM Stat § 47-4-9 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-9 - [Application of act.]

The provisions of Sections 4, 6 and 7 [47-4-4, 47-4-6, 47-4-7 NMSA 1978] of this act do not apply to mineral abstracting. History: 1953 Comp., § 70-2-13, enacted by Laws 1963, ch. 307, § 9.
NM Stat § 47-4-10 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 4 - Abstracters|Section 47-4-10 - Real estate sales; disclosure of certain attorney's fees required; provisions for civil liability.

A. No abstract company or other person regularly engaged in the business of handling the closing of real estate sales shall collect attorney's fees imposed by the abstract company or other person regularly engaged in the business of handling the closing of real estate upon the vendor or vendee of the real estate in a real estate closing unless the name of the attorney is disclosed on the vendor's and vendee's closing statement or, if there is no closing statement prepared, the statement shall be disclosed in the other closing documents. B. The attorney's fees required to be disclosed by Subsection A of this section shall be limited to the actual reasonable attorney's fees incurred for professional services rendered and expenses incurred by an attorney not a salaried employee of the abstract company or a salaried employee of any other person regularly engaged in the business of handling the closing of real estate sales. C. Any person aggrieved by a violation of Subsection A or B of this section may sue for the amount of money wrongfully collected and upon proof of the violation in a court of competent jurisdiction an award equal to the amount of money collected in violation of Section [Subsection] A or B of this section shall be awarded. History: Laws 1979, ch. 271, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 47-5-2 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 5 - Subdivisions Generally|Section 47-5-2 - Definitions.

As used in the Land Subdivision Act: A. "subdivided land" and "subdivision" means improved or unimproved land divided, or proposed to be divided, into twenty-five or more lots or parcels for the purpose of sale or lease, but does not include the leasing of apartments, offices, stores or similar space within a building unless an undivided interest in the land is granted as a condition precedent to occupying space within the building and does not include subdivisions approved by an agency of the United States or by a municipality, and does not include any subdivision where the primary business of the developer is the construction of home improvements; B. "blanket encumbrance" means a trust deed, mortgage or any other lien or encumbrance, including mechanics' liens, securing or evidencing the payment of money or the furnishing of services or materials and affecting land to be subdivided or affecting more than one lot or parcel of subdivided land, or an agreement affecting more than one lot or parcel by which the owner or subdivider holds the subdivision under an option, contract to sell or trust agreement. Taxes and assessments levied by public authority are not included. History: 1953 Comp., § 70-3-2, enacted by Laws 1963, ch. 217, § 2. ANNOTATIONSCharacterization of particular tract of land. — Whether or not a particular tract of land is a "subdivision" depends on the facts of each particular case. 1964 Op. Att'y Gen. No. 64-05. Question of proposed division. — When the question is whether or not a developer has proposed to divide a tract into at least 25 parcels, the enforcing authority should determine the question from the method of operation and all the facts in each particular case. 1963 Op. Att'y Gen. No. 63-154. Subdivision within municipality. — The Land Subdivision Act does not apply to a subdivision within a municipality. 1970 Op. Att'y Gen. No. 70-84, overruled by 1976 Op. Att'y Gen. No. 76-09. Law reviews. — For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972).
NM Stat § 47-5-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 5 - Subdivisions Generally|Section 47-5-4 - [Conditions affecting use or occupancy of subdivided land; written disclosure prior to sale.]

It shall be unlawful to sell or lease until there has been disclosed in writing to the purchaser or lessee of a lot or parcel in the subdivided land, the following: A. all restrictions or reservations of record which subject the subdivided land to any unusual conditions affecting its use or occupancy; B. the fact that any street or road facilities have not been accepted for maintenance by a governmental agency when such is the case; C. availability of public utilities in the subdivision including water, electricity, gas and telephone facilities; D. if water is available only from subterranean sources the average depth of such water within the subdivision; E. the complete price and financing terms or rental; and F. the existence of blanket encumbrances, if any, on such subdivision, unless such blanket encumbrances provide for a proper release or subordination of said blanket encumbrances to such lot or parcel. History: 1953 Comp., § 70-3-4, enacted by Laws 1963, ch. 217, § 4. ANNOTATIONSAcceptance is prerequisite to obligation to maintain. — The specific requirement of disclosure to a buyer regarding whether the county has accepted subdivision roads for maintenance confirms that the legislature intended county acceptance of roads for maintenance to be a prerequisite to a county obligation to maintain the subdivision roads. McGarry v. Scott, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608. Statement that subdivider does not know average depth of subterranean water is not in compliance with the mandate of Subdivision D. 1964 Op. Att'y Gen. No. 64-05. Expert opinion on water depth more appropriate than subdivider's drilling experience. — In order to comply with Subdivision D, the opinion of a qualified expert such as a qualified groundwater hydrologist would be more appropriate than the estimate of the subdivider based on the actual drilling of a well. 1964 Op. Att'y Gen. No. 64-05. Law reviews. — For note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Res. J. 286 (1972). For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 518 to 520. Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573. Waiver of right to enforce restrictive covenant by failure to object to other violations, 25 A.L.R.5th 123. Laches or delay in bringing suit as affecting right to enforce restrictive building covenant, 25 A.L.R.5th 233. 91 C.J.S. Vendor and Purchaser § 65.
NM Stat § 47-5-5 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 5 - Subdivisions Generally|Section 47-5-5 - Advertising standards.

Brochures, publications and advertising of any form relating to subdivided land shall: A. not misrepresent or contain false or misleading statements of fact; B. not describe deeds, title insurance or other items included in a transaction as "free," and shall not state that any lot or parcel is "free" or given as an "award" or "prize" if any consideration is required for any reason; C. not describe lots or parcels available for "closing costs only" or similar terms unless all such costs are accurately and completely itemized or when additional lots must be purchased at a higher price; D. not include an asterisk or other reference symbol as a means of contradicting or substantially changing any statement; E. disclose that individual lots or parcels are not identifiable when such is the case; F. if illustrations of the subdivision are used, accurately portray the subdivision in its present state, and if illustrations are used portraying points of interest outside the subdivision, state the actual road miles from the subdivision; G. not contain artists' conceptions of the subdivision or any facilities within it unless clearly described as such, and shall not contain maps unless accurately drawn to scale and the scale indicated; H. not contain references to any facilities, points of interest or municipalities located outside the subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles. History: 1953 Comp., § 70-3-5, enacted by Laws 1963, ch. 217, § 5. ANNOTATIONSCross references. — For Real Estate Disclosure Act, see 47-13-1 NMSA 1978 et seq. Law reviews. — For note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Res. J. 286 (1972). For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Brokers § 20. Validity, construction and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004. 35 C.J.S. False Pretenses § 30.