reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 5 - Partition › Section 42-5-2 - [Parties to action.]

Every person having an interest in the premises, whether having possession or otherwise, or whether such interest be based upon the common source of title or otherwise, shall be made a party to such complaint, and in cases where one or more of such parties shall be unknown, or the share or quantity or interest of any of the parties is unknown to the plaintiff, or when such shares or interest shall be uncertain or contingent, or when there may be any other impediment, so that such parties cannot be named, the same shall be so stated in the complaint.
History:
C.L. 1897, § 2685 (267), added by Laws 1907, ch. 107, § 1 (267); Code 1915, § 4380; C.S. 1929, § 105-1902; 1941 Comp., § 25-1202; 1953 Comp., § 22-13-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For pleading asserting a claim stating reason for omitting name,
see
Rule 1-019 C NMRA.
Proceedings against adverse possessors not instituted as against unknown owners.
— Where persons are in actual adverse possession of the lands, proceedings in partition may not be instituted against them as unknown owners.
Pankey v. Ortiz
, 1921-NMSC-007, 26 N.M. 575, 195 P. 906;
Rodriguez v. La Cueva Ranch Co.
, 1912-NMSC-028, 17 N.M. 246, 134 P. 228;
Priest v. Board of Trustees
, 1911-NMSC-072, 16 N.M. 692, 120 P. 894,
aff'd
, 232 U.S. 604, 34 S. Ct. 443, 58 L. Ed. 751 (1914).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
59A Am. Jur. 2d Partition §§ 74 to 77, 109, 125, 164 to 188, 196.
Right of judgment creditor of cotenant to maintain partition, 25 A.L.R. 105.
Right of executor or administrator to bring proceedings for partition of real property, 57 A.L.R. 573.
Trustee holding legal title, right of, to maintain partition suit, 103 A.L.R. 455.
68 C.J.S. Partition §§ 2, 9, 17, 56 to 59, 73 to 75, 79, 95, 147.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 5 - Partition › Section 42-5-3 - [Unknown persons made parties.]

All persons interested in the lands, tenements or hereditaments of which partition is sought to be made, whose names are unknown, may be made parties to such partition by the name and description of unknown owners or proprietors of the premises, or as unknown heirs of any persons who may have been interested in the same.
History:
C.L. 1897, § 2685 (268), added by Laws 1907, ch. 107, § 1 (268); Code 1915, § 4381; C.S. 1929, § 105-1903; 1941 Comp., § 25-1203; 1953 Comp., § 22-13-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Proceedings against adverse possessors not instituted as against unknown owners.
— Where persons are in actual adverse possession of the lands, proceedings in partition may not be instituted against them as unknown owners.
Pankey v. Ortiz
, 1921-NMSC-007, 26 N.M. 575, 195 P. 906;
Rodriguez v. La Cueva Ranch Co.
, 1912-NMSC-028, 17 N.M. 246, 134 P. 228;
Priest v. Board of Trustees
, 1911-NMSC-072, 16 N.M. 692, 120 P. 894,
aff'd
, 232 U.S. 604, 34 S. Ct. 443, 58 L. Ed. 751 (1914).
Obligation to inquire as to persons claiming part of estate.
— Plaintiff in a partition proceeding may not sit in his office, refrain from all inquiry as to the persons claiming any part of the estate sought to be partitioned, pursue no sources of information of which he may be aware and, because in fact he does not actually know the names of the adverse claimants to the estate sought to be partition, (partitioned), he may not proceed against them as unknown owners, and thereby deprive them effectually of all of their rights and property.
Pankey v. Ortiz
, 1921-NMSC-007, 26 N.M. 575, 195 P. 906.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
59A Am. Jur. 2d Partition §§ 79, 81.
68 C.J.S. Partition §§ 75, 78, 81, 83, 88, 147, 216.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 5 - Partition › Section 42-5-4 - [Intervention.]

During the pendency of such suit or proceeding any person claiming to be interested in the premises may appear and answer the complaint and assert his right by way of intervention, whether such interest be derived or claimed under the common source of title or otherwise, and the court shall decide upon their [his] rights as though they [he] had been made parties [a party] in the first instance.
History:
C.L. 1897, § 2685 (269), added by Laws 1907, ch. 107, § 1 (269); Code 1915, § 4382; C.S. 1929, § 105-1904; 1941 Comp., § 25-1204; 1953 Comp., § 22-13-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For intervention,
see
Rule 1-024 NMRA.
Right to intervene is given to all persons claiming interest
in the land, whether under the common title sought to be partitioned or by title independent thereof.
Montoya v. Unknown Heirs of Vigil
, 1911-NMSC-042, 16 N.M. 349, 120 P. 676,
aff'd sub nom.
Montoya v. Gonzales, 232 U.S. 375, 34 S. Ct. 413, 58 L. Ed. 645 (1914);
Baca v. Anaya
, 1908-NMSC-009, 14 N.M. 382, 94 P. 1017.
Owner of premises can intervene, whatever origin of his title.
— The owner of the whole or any part of the premises sought to be partitioned may, whatever the origin of his title, intervene for the settlement of his rights.
Montoya v. Unknown Heirs of Vigil
, 1911-NMSC-042, 16 N.M. 349, 120 P. 676,
aff'd sub nom.
Montoya v. Gonzales, 232 U.S. 375, 34 S. Ct. 413, 58 L. Ed. 645 (1914).
When persons asserting adverse interests may intervene.
— Persons asserting adverse interests may intervene in partition proceedings after commissioners have reported that partition cannot be made, and before further action of the court. Montoya v. Gonzales, 232 U.S. 375, 34 S. Ct. 413, 58 L. Ed. 645 (1914)
aff'g
Montoya v. Unknown Heirs of Vigil
, 1911-NMSC-042, 16 N.M. 349, 120 P. 676.
Intervention prohibited for purpose of litigating rights not originally raised.
— A formal party, or a person who makes himself a party by his own conduct during the litigation, is not entitled to intervene for the purpose of subsequently litigating rights which he failed to assert in the main proceeding.
Baca v. Catron
, 1917-NMSC-074, 24 N.M. 242, 173 P. 862.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
59A Am. Jur. 2d Partition §§ 33, 74, 87.
68 C.J.S. Partition §§ 78, 222, 236.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 5 - Partition › Section 42-5-5 - [Decree; binding effect.]

The court shall ascertain and declare the rights, titles and interests of all the parties to such proceedings and render such decree as may be required by the rights of the said parties, which said decree shall be binding upon all of the said parties, whether they be adults or not.
History:
C.L. 1897, § 2685 (270), added by Laws 1907, ch. 107, § 1 (270); Code 1915, § 4383; C.S. 1929, § 105-1905; 1941 Comp., § 25-1205; 1953 Comp., § 22-13-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Purpose of decree.
— A decree in partition does not create a new title, but merely segregates the right of possession, leaving the parties with the same title under which they previously held.
Rodriguez v. La Cueva Ranch Co.
, 1912-NMSC-028, 17 N.M. 246, 134 P. 228.
Interlocutory decree defined.
— A judgment which declares the rights of all parties, ordering partition of the premises, and appointing commissioners for such purpose, is an interlocutory decree.
Torrez v. Brady
, 1930-NMSC-101, 35 N.M. 217, 292 P. 901;
Montoya v. Unknown Heirs of Vigil
, 1911-NMSC-042, 16 N.M. 349, 120 P. 676,
aff'd sub nom.
Montoya v. Gonzales
, 232 U.S. 375, 34 S. Ct. 413, 58 L. Ed. 645 (1914).
When further judgment and decree necessary.
— The judgment and decree of the court declaring the rights of the parties, ordering partition, and appointing commissioners is interlocutory. It constitutes a final declaration of the rights, titles and interests of the respective parties, but further judgment and decree to vest and divest title to the respective portions upon partition, or, in the event of a sale, to confirm the sale and distribute the proceeds is required.
Prude v. Lewis
, 1967-NMSC-174, 78 N.M. 256, 430 P.2d 753.
Review of interlocutory decrees.
— Upon appeal from the final judgment, interlocutory orders or decrees and the proceedings upon which they are based, may be reviewed, even though an appeal might have been taken therefrom at the time entered.
Torrez v. Brady
, 1932-NMSC-080, 37 N.M. 105, 19 P.2d 183.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
59A Am. Jur. 2d Partition §§ 18, 88 to 109, 194 to 197.
Adjustment on partition of improvements made by tenant in common, 1 A.L.R. 1189, 122 A.L.R. 234.
Respective rights of owners of different parcels into which land subject to an oil and gas lease has been divided, 5 A.L.R. 1162, 16 A.L.R. 588, 64 A.L.R. 634.
Right to, and effect of, partition of undivided interests held respectively in fee and in life estate, with remainder, 12 A.L.R. 644, 134 A.L.R. 661.
Division of building, 28 A.L.R. 727.
Power to decree pecuniary sum as owelty to equalize shares of parties in partition, 65 A.L.R. 352.
Protection, in partition of grantee in deed purporting to convey a definite parcel by part only of the cotenants, 77 A.L.R.2d 1376.
68 C.J.S. Partition §§ 45, 112 to 114, 121, 125, 222.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 5 - Partition › Section 42-5-8 - Allocation of costs of partition; definition.

A. In the event partition of the cotenancy is made by the commissioners appointed, the costs of partition shall by the court be apportioned among all the cotenants, and the proportion of the costs assessed against each cotenant shall be a lien upon the share of the cotenancy assigned by the commissioners to the cotenant. If partition cannot be made without manifest prejudice to the cotenants and sale of the estate is ordered, the costs of the action shall be apportioned among all the cotenants, and the proportion of the costs assessed against each cotenant shall by the court be deducted and withheld from the distributive share of the proceeds of the sale assigned to the cotenant.
B. As used in this section "costs" includes expenses incurred by commissioners, expenses incurred by agents or masters appointed by the court to conduct a sale, costs of survey and other costs incurred in physical partition or in sale which to the court seem just and proper.
C. The reasonable attorney fees of a party to an action for partition of a cotenancy may be awarded in the court's discretion, as it may deem just and equitable.
History:
1953 Comp., § 22-13-7.1, enacted by Laws 1965, ch. 31, § 1.
ANNOTATIONS
Request to award attorney fees denied.
— Section 42-5-8C NMSA 1978 permits the discretionary award of attorney fees of a party to an action for partition of a cotenancy. Absent an abuse of discretion,a court's denial of fees will not be disturbed. The award of attorney fees under Section 42-6-11 NMSA 1978 is mandatory only when the suit is favorably determined for the party trying to establish title to the subject property.
Landskroner v. McClure
, 1988-NMSC-091, 107 N.M. 773, 765 P.2d 189.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
59A Am. Jur. 2d Partition §§ 133 to 148.
Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448.
68 C.J.S. Partition §§ 234 to 239, 242 to 245.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 5 - Partition › Section 42-5-9 - [Death of party does not abate suit.]

No suit for a partition shall abate by the death of any tenant, but upon the death of any tenant being a party to said suit, the heirs or devisees of the said tenant may on motion be made parties in his stead.
History:
C.L. 1897, § 2685 (272A), added by Laws 1907, ch. 107, § 1 (272A); Code 1915, § 4386; C.S. 1929, § 105-1908; 1941 Comp., § 25-1208; 1953 Comp., § 22-13-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For actions not abating,
see
37-2-4 NMSA 1978.
For rule for substitution of parties because of death,
see
Rule 1-025 A NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
59A Am. Jur. 2d Partition §§ 32, 74.
68 C.J.S. Partition §§ 33, 53.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 5A - Uniform Partition of Heirs Property › Section 42-5A-1 - Short title.

Sections 1 through 13 of this act [42-5A-1 to 42-5A-13 NMSA 1978] may be cited as the "Uniform Partition of Heirs Property Act".
History:
Laws 2017, ch. 41, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 1 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 2 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 3 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 4 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 5 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 6 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 8 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 9 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 10 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 11 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 12 effective January 1, 2018.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 13 effective January 1, 2018.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 6 - Quieting Title › Section 42-6-7 - [Disclaimer; costs; default.]

If the defendant, or any of them, shall appear and disclaim all right and title adverse to the plaintiff, he shall recover his costs, and in all other cases the costs shall be in the discretion of the court. If the defendant or any one of them fails to appear and answer, the court may render decree against such defendant so failing to appear in accordance with the prayer of the bill of complaint, or such other decree in the premises as to the court shall appear meet and proper.
History:
C.L. 1897, § 2685 (275), added by Laws 1907, ch. 107, § 1 (275); Code 1915, § 4393; C.S. 1929, § 105-2007; 1941 Comp., § 25-1307; 1953 Comp., § 22-14-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For payment of costs,
see
39-2-2 NMSA 1978 et seq.
For recovery of costs in clearing title where mortgage not released,
see
48-7-5 NMSA 1978.
For default,
see
Rule 1-055 NMRA.
Pleading which denies jurisdiction facts, title, etc., not disclaimer.
— A pleading by defendant in a suit to quiet title to land is not a disclaimer where it denies jurisdictional facts, denies plaintiff's title, prays for general relief, and does not entitle defendant to dismissal and cost.
Corman v. Cree
, 100 F.2d 486 (10th Cir. 1938).
Effect of community property.
— While plaintiff out of possession may maintain suit in federal court to quiet title against defendant out of possession, in such action against husband and wife, she is not entitled to a dismissal with costs on ground that her answer was a disclaimer, where husband asserted claim to life interest in land acquired through coverture, for this constituted it community property, in which wife had a present vested interest equal to her husband.
Corman v. Cree
, 100 F.2d 486 (10th Cir. 1938).
When awarding of costs within court's discretion.
— Under this section, if it is not contended that the defendant's disclaimed, the awarding of costs is in the discretion of the trial court.
Hughes v. West
, 1967-NMSC-181, 78 N.M. 281, 430 P.2d 778.
Costs awarded in case of fraudulent claim.
— In an action to quiet title to property, where a claim was based upon a document expressly found to have been forged by defendant, the trial court's order denying an award of costs for plaintiff's expert witness and imposition of sanctions against defendant was reversed and remanded for reconsideration.
Martinez v. Martinez
, 1997-NMCA-096, 123 N.M. 816, 945 P.2d 1034.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
65 Am. Jur. 2d Quieting Title §§ 89, 93.
74 C.J.S. Quieting Title §§ 95, 104, 110 to 112, 114.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 6 - Quieting Title › Section 42-6-8 - [Mines deemed real estate.]

For the purposes of this article and for all other purposes, mines shall be deemed and taken to be real estate.
History:
C.L. 1897, § 2685 (277), added by Laws 1907, ch. 107, § 1 (277); Code 1915, § 4395; C.S. 1929, § 105-2009; 1941 Comp., § 25-1308; 1953 Comp., § 22-14-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this article" were substituted for the words "this act" by the 1915 Code compilers and refer to art. 20 of ch. 88 of the 1915 Code now compiled as 42-6-1, 42-6-3 to 42-6-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
65 Am. Jur. 2d Quieting Title §§ 19, 81.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 6 - Quieting Title › Section 42-6-10 - [Attorneys' fees payable in land; suit by attorney; intervention in other actions; partition.]

Whenever any attorney-at-law performs any legal services for the plaintiff, at the request or instance of any person interested in lands or land claims, or any part thereof, in any court which may be held in this state, either federal or state, for the purpose of confirming, quieting or establishing the title of any tract of land and it shall be agreed or it has been agreed, between such attorney and such person so interested, that such attorney shall represent the plaintiff and receive for such services any part or portion of such land, such attorney may directly institute suit against all the owners of such tract of land, known or unknown, to establish his right and title in him under said agreement to the part or portion of such land agreed to be paid to him for his services; or he may in any suit brought to quiet the title to such tract of land or any part thereof, thereafter, or to partition the same, or both, intervene and set up his claim therein for the part of such land so agreed to be paid him for his services, and it shall be the duty of the court in all such cases to decide in such suit or intervention, and if it be found that there was such an agreement, made by such person owning or interested in such lands, or any part thereof, and acting in whole or in part for the plaintiff or any of them, and also that the services were worth, according to the usual charges in this state for such service, at the time they were rendered, or agreed to be rendered, the amount so agreed to be paid for the same to adjudge or decree the amount so agreed to be paid for such services out of the lands involved in the suit or proceedings, as his property. And the same may be partitioned or set apart to him, in any partition suit then pending, or which may thereafter be pending; or if the court should find that the amount so agreed to be paid exceeds the value of the services in this state at the time they were rendered or contracted for, then the court shall allow or adjudge or decree to such attorney an amount of such land as compensation for his services as will be reasonable as aforesaid.
History:
Laws 1909, ch. 120, § 5; Code 1915, § 4396; C.S. 1929, § 105-2010; 1941 Comp., § 25-1310; 1953 Comp., § 22-14-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For partition,
see
42-5-1 NMSA 1978 et seq.
For intervention,
see
Rule 1-024 A NMRA.
Supreme court may not consider construction of attorney's contract for compensation
since that invokes original jurisdiction.
Thurman v. Grimes
, 1931-NMSC-035, 35 N.M. 498, 1 P.2d 972.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
65 Am. Jur. 2d Quieting Title §§ 71, 84, 93.
Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448.
74 C.J.S. Quieting Title §§ 6, 29, 57, 83, 95, 96, 99, 111.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 6 - Quieting Title › Section 42-6-11 - [Joint owners; share in expenses of suit; lien on property of co-owners; interest; no exemption.]

Whenever any joint owner of real estate, whether claimed by private land grant or otherwise, shall bring suit to establish the title thereto in any court for the benefit of himself and other owners of such real estate, and such suit shall be favorably determined, then in that case the just and reasonable expenses incurred in the prosecution of such suits, including reasonable attorney's fees, actually expended by him, shall be and remain a charge against the real property so affected of such co-owners, with lien in proportion to the several amounts of land claimed by each, and such proportionate charge shall be collected, with interest at the rate of twelve percent per annum additional, as a charge or lien upon the real property of such co-owners which was beneficially affected by such suit, and none of such real estate so beneficially affected shall be exempt from said charge or lien by virtue of any execution or forced sale exemption law in force in this state.
History:
Laws 1893, ch. 37, § 1; C.L. 1897, § 2186; Code 1915, § 4397; C.S. 1929, § 105-2011; 1941 Comp., § 25-1311; 1953 Comp., § 22-14-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Request to award attorney fees denied.
Landskroner v. McClure
, 1988-NMSC-091, 107 N.M. 773, 765 P.2d 189.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 6 - Quieting Title › Section 42-6-13 - Method of service on state; answer.

Service upon the state shall be made by serving the process of the court, with a copy of the complaint, upon the attorney general of the state and the state agency involved in the action. The complaint shall set forth with particularity the nature of the interest or lien of the state on the property. The attorney general and the state agency shall have thirty days after service as above provided, or such further time as the court may allow, within which to serve an answer or other pleading.
History:
1941 Comp., § 25-1313, enacted by Laws 1947, ch. 150, § 2; 1953 Comp., § 22-14-13; Laws 1969, ch. 111, § 1; 1970, ch. 24, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
62B Am. Jur. 2d Process § 157; 65 Am. Jur. 2d Quieting Title § 75.
74 C.J.S. Quieting Title § 50.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 6 - Quieting Title › Section 42-6-14 - Judicial sale; alternative remedies.

A. Except as provided in Subsection B or C of this section, a judicial sale made in pursuance of a judgment in a suit in which the state is a party, to quiet title to or to foreclose a mortgage or other lien upon real estate or personal property, shall have the same effect respecting the discharge of the property from liens and encumbrances held by the state as may be provided with respect to such matters by law as to all other persons.
B. A sale to satisfy a lien inferior to one of the state shall be made subject to and without disturbing the lien of the state, unless the state consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled.
C. Where a sale of real estate is made to satisfy a lien prior to that of the state, the state shall have one month from the date of sale within which to redeem, but the district court, upon a showing of good cause that redemption will be effected, may increase the redemption period to not more than nine months.
D. In any case where the debt owing the state is due, the state may ask, by way of affirmative relief, for the foreclosure of its own lien or mortgage.
E. In any case where property is sold to satisfy a first mortgage or first lien held by the state, the state may bid at the sale a sum not exceeding the amount of its claim with expenses of sale, as may be directed by the head of the agency of the state that has charge of the administration of the laws in respect of which the claim of the state arises.
History:
1941 Comp., § 25-1314, enacted by Laws 1947, ch. 150, § 3; 1953 Comp., § 22-14-14; 2011, ch. 171, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The 2011 amendment,
effective June 17, 2011, in Subsection A, clarified the existing language of the statute, which provided that a judicial sale discharges the interest of the state in the same manner as it discharges all other interests; and in Subsection C, decreased the period in which the state may exercise its right of redemption from nine months to one month, and permitted the court to increase the redemption period to nine months upon a showing of good cause that the state will exercise its right of redemption.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
65 Am. Jur. 2d Quieting Title §§ 30, 31.
74 C.J.S. Quieting Title §§ 21, 76, 84, 106.
2023 New Mexico Statutes › Chapter 42 - Actions and Proceedings Relating to Property › Article 6 - Quieting Title › Section 42-6-15 - [Release of lien held by state.]

If any person shall have a lien upon any real or personal property, duly filed of record in the county in which the property is located and a junior lien (other than a lien for any tax) in favor of the state attaches to such property, such person may make a written request to the officer of the state charged with the administration of the laws in respect of which the lien of the state arises, to have the same extinguished. If, after appropriate investigation, it appears to such officer that the proceeds from the sale of the property would be insufficient to satisfy, in whole or in part, the lien of the state, or that the claim of the state has been satisfied, or by lapse of time or otherwise, has become unenforceable, such officer shall so report to the attorney general, who thereupon may issue a certificate of release which shall operate to release the property from such lien.
History:
1941 Comp., § 25-1315, enacted by Laws 1947, ch. 150, § 4; 1953 Comp., § 22-14-15.
ANNOTATIONS
Bracketed 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. —
74 C.J.S. Quieting Title §§ 101, 102, 105.