reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees › Section 46A-10-1008 - Exculpation of trustee.

A. A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
B. An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
History:
Laws 2003, ch. 122, § 10-1007; recompiled as § 46A-10-1008 by Laws 2007, ch. 128, § 30.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 128, § 30 recompiled former 46A-10-1007 NMSA 1978, as enacted by Laws 2003, ch. 122, § 10-1007, as 46A-10-1008 NMSA 1978, effective July 1, 2007.
Law reviews.
— For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees › Section 46A-10-1009 - Beneficiary's consent, release or ratification.

A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach or ratified the transaction constituting the breach, unless:
A. the consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or
B. at the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
History:
Laws 2003, ch. 122, § 10-1008; recompiled as § 46A-10-1009 by Laws 2007, ch. 128, § 30.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 128, § 30 recompiled former 46A-10-1008 NMSA 1978, as enacted by Laws 2003, ch. 122, § 10-1008, as 46A-10-1009 NMSA 1978, effective July 1, 2007.
Law reviews.
— For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees › Section 46A-10-1010 - Limitation on personal liability of trustee.

A. Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
B. A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
C. A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
History:
Laws 2003, ch. 122, § 10-1009; recompiled as § 46A-10-1010 by Laws 2007, ch. 128, § 30.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 128, § 30 recompiled former 46A-10-1009 NMSA 1978, as enacted by Laws 2003, ch. 122, § 10-1009, as 46A-10-1010 NMSA 1978, effective July 1, 2007.
Compiler's note.
— Laws 2007, ch. 128, § 30 recompiled Laws 2003, ch. 122, §§ 10-1005 through 10-1009 as §§ 46A-10-1006 through 46A-10-1010 NMSA 1978. Section 10-1010 NMSA 1978 was previously enacted as "Reserved" by Laws 2003, ch. 122, § 10-1010. The compiler has deleted the compilation of Laws 2003, ch. 122, § 10-1010 as superceded by 2007, ch. 128, § 30.
Law reviews.
— For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees › Section 46A-10-1011 - Interest as general partner.

A. Except as otherwise provided in Subsection C of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed or recorded pursuant to the provisions of any version of the Uniform Partnership Act [54-1A-1002 NMSA 1978] or the Uniform Limited Partnership Act [repealed].
B. Except as otherwise provided in Subsection C of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
C. The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings or parents, or the spouse of any of them.
D. If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
History:
Laws 2007, ch. 128, § 28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2007, ch. 129, § 1206 repealed the Uniform Limited Partnership Act, Sections 54-2-1 through 54-2-63 NMSA 1978, effective January 1, 2009.
Effective dates.
— Laws 2007, ch. 128, § 31 made the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees › Section 46A-10-1012 - Protection of person dealing with trustee.

A. A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.
B. A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
C. A person who in good faith delivers assets to a trustee need not ensure their proper application.
D. A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.
E. Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
History:
Laws 2003, ch. 122, § 10-1011; recompiled as § 46A-10-1012 by Laws 2007, ch. 128, § 30.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 128, § 30 recompiled former 46A-10-1011 NMSA 1978, as enacted by Laws 2003, ch. 122, § 10-1011, as 46A-10-1012 NMSA 1978, effective July 1, 2007.
Law reviews.
— For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 11 - Miscellaneous Provisions › Section 46A-11-1101 - Uniformity of application and construction.

In applying and construing the Uniform Trust Code [46A-1-101 NMSA 1978], 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 2003, ch. 122, § 11-1101.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 11 - Miscellaneous Provisions › Section 46A-11-1102 - Electronic records and signatures.

The provisions of the Uniform Trust Code [46A-1-101 to 46A-11-1104 NMSA 1978] governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the federal Electronic Signatures in Global and National Commerce Act and supersede, modify and limit the requirements of the federal Electronic Signatures in Global and National Commerce Act.
History:
Laws 2003, ch. 122, § 11-1102.
ANNOTATIONS
Cross references.
— For the federal Electronic Signatures in Global and National Commerce Act generally,
see
15 U.S.C.S. § 7001 et seq. For Section 102 of the act,
see
15 U.S.C.S. § 7002.
Effective dates.
— Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 11 - Miscellaneous Provisions › Section 46A-11-1103 - Severability.

If any provision of the Uniform Trust Code [46A-1-101 NMSA 1978] or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of that code which can be given effect without the invalid provision or application, and to this end the provisions of the code are severable.
History:
Laws 2003, ch. 122, § 11-1103.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 11 - Miscellaneous Provisions › Section 46A-11-1104 - Application to existing relationships.

A. Except as otherwise provided in the Uniform Trust Code [46A-1-101 NMSA 1978], on the effective date of the Uniform Trust Code or of any amendment to that code:
(1) the Uniform Trust Code or the amendment applies to all trusts created before, on or after its effective date;
(2) the Uniform Trust Code or the amendment applies to all judicial proceedings concerning trusts commenced on or after its effective date;
(3) the Uniform Trust Code or the amendment applies to judicial proceedings concerning trusts commenced before its effective date, unless the court finds that application of a particular provision of the Uniform Trust Code or the amendment would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of the Uniform Trust Code or the amendment does not apply and the superseded law applies;
(4) any rule of construction or presumption provided in the Uniform Trust Code or the amendment applies to trust instruments executed before the effective date of the Uniform Trust Code or any amendment to that code unless there is a clear indication of a contrary intent in the terms of the trust; and
(5) an act done before the effective date of the Uniform Trust Code or any amendment to that code is not affected by the Uniform Trust Code or the amendment.
B. If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the Uniform Trust Code or any amendment to that code, that statute continues to apply to the right even if it has been repealed or superseded.
C. The Uniform Trust Code or any amendment to that code does not apply to the trust created by the Enabling Act for New Mexico of June 20, 1910, 36 Stat. 557, Ch. 310.
History:
Laws 2003, ch. 122, § 11-1104; 2011, ch. 124, § 96.
ANNOTATIONS
Compiler's notes.
— For the Enabling Act,
see
the New Mexico Territorial Laws and Treaties on
NMOneSource.com
.
The 2011 amendment,
effective January 1, 2012, made amendments to the Uniform Trust Code applicable to the provisions of the Uniform Trust Code as of the effective date of the amendments.
2023 New Mexico Statutes › Chapter 46A - Uniform Trust Code › Article 11 - Miscellaneous Provisions › Section 46A-11-1105 - Application to existing relationships.

A. Except as otherwise provided in this 2007 act:
(1) the provisions of this 2007 act apply to all trusts created before, on or after July 1, 2007;
(2) the provisions of this 2007 act apply to all judicial proceedings concerning trusts commenced on or after July 1, 2007;
(3) the provisions of this 2007 act apply to judicial proceedings concerning trusts commenced before July 1, 2007 unless the court finds that application of a particular provision of this 2007 act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this 2007 act does not apply and the superseded law applies;
(4) any rule of construction or presumption provided in this 2007 act applies to trust instruments executed before July 1, 2007 unless there is a clear indication of a contrary intent in the terms of the trust; and
(5) an act done before the effective date of this 2007 act is not affected by the provisions of this 2007 act.
B. If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2007, that statute continues to apply to the right even if it has been repealed or superseded.
C. The provisions of this 2007 act do not apply to the trust created by the Enabling Act for New Mexico of June 20, 1910, 36 Stat. 557, Ch. 310.
History:
Laws 2007, ch. 128, § 29.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 128, § 31 made the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-101 - Recompiled.

History:
Laws 2007, ch. 135, § 101; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-101 NMSA 1978 as 45-5B-101 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-102 - Recompiled.

History:
Laws 2007, ch. 135, § 102; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-102 NMSA 1978 as 45-5B-102 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-103 - Recompiled.

History:
Laws 2007, ch. 135, § 103; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-103 NMSA 1978 as 45-5B-103 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-104 - Recompiled.

History:
Laws 2007, ch. 135, § 104; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-104 NMSA 1978 as 45-5B-104 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-105 - Recompiled.

History:
Laws 2007, ch. 135, § 105; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-105 NMSA 1978 as 45-5B-105 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-106 - Recompiled.

History:
Laws 2007, ch. 135, § 106; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-106 NMSA 1978 as 45-5B-106 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-107 - Recompiled.

History:
Laws 2007, ch. 135, § 107; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-107 NMSA 1978 as 45-5B-107 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-108 - Recompiled.

History:
Laws 2007, ch. 135, § 108; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-108 NMSA 1978 as 45-5B-108 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-109 - Recompiled.

History:
Laws 2007, ch. 135, § 109; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-109 NMSA 1978 as 45-5B-109 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-110 - Recompiled.

History:
Laws 2007, ch. 135, § 110; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-110 NMSA 1978 as 45-5B-110 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-111 - Recompiled.

History:
Laws 2007, ch. 135, § 111; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-111 NMSA 1978 as 45-5B-111 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-112 - Recompiled.

History:
Laws 2007, ch. 135, § 112; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-112 NMSA 1978 as 45-5B-112 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-113 - Recompiled.

History:
Laws 2007, ch. 135, § 113; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-113 NMSA 1978 as 45-5B-113 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-114 - Recompiled.

History:
Laws 2007, ch. 135, § 114; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-114 NMSA 1978 as 45-5B-114 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-115 - Recompiled.

History:
Laws 2007, ch. 135, § 115; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-115 NMSA 1978 as 45-5B-115 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-116 - Recompiled.

History:
Laws 2007, ch. 135, § 116; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-116 NMSA 1978 as 45-5B-116 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-117 - Recompiled.

History:
Laws 2007, ch. 135, § 117; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-117 NMSA 1978 as 45-5B-117 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-118 - Recompiled.

History:
Laws 2007, ch. 135, § 118; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-118 NMSA 1978 as 45-5B-118 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-119 - Recompiled.

History:
Laws 2007, ch. 135, § 119; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-119 NMSA 1978 as 45-5B-119 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-120 - Recompiled.

History:
Laws 2007, ch. 135, § 120; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-120 NMSA 1978 as 45-5B-120 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-121 - Recompiled.

History:
Laws 2007, ch. 135, § 121; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-121 NMSA 1978 as 45-5B-121 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-122 - Recompiled.

History:
Laws 2007, ch. 135, § 122; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-122 NMSA 1978 as 45-5B-122 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 1 › Section 46B-1-123 - Recompiled.

History:
Laws 2007, ch. 135, § 123; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-123 NMSA 1978 as 45-5B-123 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-201 - Recompiled.

History:
Laws 2007, ch. 135, § 201; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-201 NMSA 1978 as 45-5B-201 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-202 - Recompiled.

History:
Laws 2007, ch. 135, § 202; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-202 NMSA 1978 as 45-5B-202 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-203 - Recompiled.

History:
Laws 2007, ch. 135, § 203; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-203 NMSA 1978 as 45-5B-203 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-204 - Recompiled.

History:
Laws 2007, ch. 135, § 204; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-204 NMSA 1978 as 45-5B-204 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-205 - Recompiled.

History:
Laws 2007, ch. 135, § 205; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-205 NMSA 1978 as 45-5B-205 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-206 - Recompiled.

History:
Laws 2007, ch. 135, § 206; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-206 NMSA 1978 as 45-5B-206 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-207 - Recompiled.

History:
Laws 2007, ch. 135, § 207; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-207 NMSA 1978 as 45-5B-207 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-208 - Recompiled.

History:
Laws 2007, ch. 135, § 208; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-208 NMSA 1978 as 45-5B-208 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-209 - Recompiled.

History:
Laws 2007, ch. 135, § 209; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-209 NMSA 1978 as 45-5B-209 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-210 - Recompiled.

History:
Laws 2007, ch. 135, § 210; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-210 NMSA 1978 as 45-5B-210 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-211 - Recompiled.

History:
Laws 2007, ch. 135, § 211; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-211 NMSA 1978 as 45-5B-211 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-212 - Recompiled.

History:
Laws 2007, ch. 135, § 212; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-212 NMSA 1978 as 45-5B-212 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-213 - Recompiled.

History:
Laws 2007, ch. 135, § 213; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-213 NMSA 1978 as 45-5B-213 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-214 - Recompiled.

History:
Laws 2007, ch. 135, § 214; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-214 NMSA 1978 as 45-5B-214 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-215 - Recompiled.

History:
Laws 2007, ch. 135, § 215; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-215 NMSA 1978 as 45-5B-215 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-216 - Recompiled.

History:
Laws 2007, ch. 135, § 216; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-216 NMSA 1978 as 45-5B-216 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 2 › Section 46B-1-217 - Recompiled.

History:
Laws 2007, ch. 135, § 217; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-217 NMSA 1978 as 45-5B-217 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 3 › Section 46B-1-301 - Recompiled.

History:
Laws 2007, ch. 135, § 301; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-301 NMSA 1978 as 45-5B-301 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 3 › Section 46B-1-302 - Recompiled.

History:
Laws 2007, ch. 135, § 302; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-302 NMSA 1978 as 45-5B-302 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 4 › Section 46B-1-401 - Recompiled.

History:
Laws 2007, ch. 135, § 401; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-401 NMSA 1978 as 45-5B-401 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 4 › Section 46B-1-402 - Recompiled.

History:
Laws 2007, ch. 135, § 402; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-402 NMSA 1978 as 45-5B-402 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 46B - Uniform Power of Attorney Act › Article 1 - Uniform Power of Attorney Act (Recompiled.) › Part 4 › Section 46B-1-403 - Recompiled.

History:
Laws 2007, ch. 135, § 403; recompiled by Laws 2011, ch. 124, § 102.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-403 NMSA 1978 as 45-5B-403 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-2 - Monopolies; entailments; primogeniture.

Monopolies are contrary to the genius of a free government and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this state.
History:
Laws 1851-1852, p. 154; C.L. 1865, ch. 95, § 17; C.L. 1884, § 2600; C.L. 1897, § 3774; Code 1915, § 4770; C.S. 1929, § 117-114; 1941 Comp., § 75-102; 1953 Comp., § 70-1-2; Laws 1992, ch. 66, § 70.
ANNOTATIONS
Cross references.
— For constitutional provisions against privileges and monopolies,
see
N.M. Const., art. IV, §§ 26, 38.
The 1992 amendment,
effective July 1, 1992, added the section heading and deleted "Perpetuities and" from the beginning of the section.
Restricted deed not monopoly.
— The prohibition of this section of the creation of monopolies is not violated by restricted deeds (of an improvement company establishing a townsite) which restrict forever the sale of intoxicating liquors in the town to one block, by such persons as are designated by the company, such restriction being for the benefit of the community and without intent to create a monopoly.
Alamogordo Improvement Co. v. Prendergast
, 1940-NMSC-075, 45 N.M. 40, 109 P.2d 254.
Testamentary trust not violative of rule against perpetuities.
— A testamentary trust complied with the rule against perpetuities where both the private and charitable portions of the trust were to terminate 21 years after the death of one of the beneficiaries.
In re Will of Coe
, 1992-NMCA-006, 113 N.M. 355, 826 P.2d 576.
Law reviews.
— For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Accumulation of income as subject of governmental restraint in absence of explicit statute, 152 A.L.R. 657.
Restrictive covenants, conditions and agreements in respect of real property discriminating against persons on account of race, color or religion, 3 A.L.R.2d 466.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 66, § 71 repealed 47-1-3 NMSA 1978, as enacted by Laws 1959, ch. 46, § 1, relating to trust for benefit of employees not invalidated by rule against perpetuities, effective July 1, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
45-2-1001 to 45-2-1006 NMSA 1978.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-5 - [Signing of conveyances.]

All conveyances of real estate shall be subscribed by the person transferring his title or interest in said real estate, or by his legal agent or attorney.
History:
Laws 1851-1852, p. 374; C.L. 1865, ch. 44, § 4; C.L. 1884, § 2751; C.L. 1897, § 3942; Code 1915, § 4760; C.S. 1929, § 117-104; 1941 Comp., § 75-104; 1953 Comp., § 70-1-4.
ANNOTATIONS
Section provides greater formality and certainty in the transfer of realty.
McBee v. O'Connell
, 1911-NMSC-049, 16 N.M. 469, 120 P. 734.
Written instruments essential.
— Under the civil law as it existed in New Mexico in 1868, written instruments were essential for the sale of land.
Maxwell Land Grant Co. v. Dawson
, 151 U.S. 586, 14 S. Ct. 458, 38 L. Ed. 279 (1894).
Making mark ineffective without assent or ratification.
— A deed executed by using the hand of a person to make his mark thereon at the place of signature is void, where the grantor does not consciously assent to the signature so made, nor afterwards ratify the same, and a certificate of acknowledgment placed thereon under such circumstances does not render it valid.
Garcia v. Leal
, 1924-NMSC-078, 30 N.M. 249, 231 P. 631.
Acknowledgement necessary for recordation and protection of grants.
— Statute of this state does not require deeds to be acknowledged, except for recordation, and for the protection of the grantee against subsequent purchasers in good faith and without notice.
Garcia v. Leal
, 1924-NMSC-078, 30 N.M. 249, 231 P. 631.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Deeds § 110.
Necessity of privy examination of wife to acknowledgment of conveyance, 1 A.L.R. 1089.
Exercise of duress by third person as affecting acknowledgment, 4 A.L.R. 869, 62 A.L.R. 1477.
Subscribing witness's denial or forgetfulness of signature by mark, 17 A.L.R. 1275.
Effect of filing affidavit of forgery against ancient deed, 18 A.L.R. 908.
Use of diminutive or nickname as affecting operation of record as notice, 45 A.L.R. 557.
Formal acknowledgment of instrument by one whose name is signed thereto by another as an adoption of the signature, 57 A.L.R. 525.
Alteration in deed or mortgage with consent of parties thereto after acknowledgment or attestation as affecting notice from record thereof, 67 A.L.R. 366, 369.
Improper insertion or omission of middle initial of one's name as affecting constructive notice from public records, 122 A.L.R. 909.
Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294.
Acknowledgment, record of instrument without acknowledgment or insufficiently acknowledged, as notice, 59 A.L.R.2d 1299.
Procuring signature by fraud as forgery, 11 A.L.R.3d 1074.
Check given in land transaction as sufficient writing to satisfy statute of frauds, 9 A.L.R.4th 1009.
Sufficiency of showing, in establishing boundary by parol agreement, that boundary was uncertain or in dispute before agreement, 72 A.L.R.4th 132.
26 C.J.S. Deeds § 34.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-6 - Seal unnecessary.

No seal or scroll is necessary to the validity of any contract, bond or conveyance, whether respecting real or personal property, or any other instrument of writing, nor does the addition or omission of a seal or scroll in any way affect the force or effect of the same.
History:
Laws 1901, ch. 62, § 11; Code 1915, § 4761; C.S. 1929, § 117-105; 1941 Comp., § 75-105; Laws 1967, ch. 87, § 9; 1953 Comp., § 70-1-5.
ANNOTATIONS
Section abolished distinction between sealed and unsealed instruments.
Griffith v. Humble
, 1942-NMSC-006, 46 N.M. 113, 122 P.2d 134;
Parker v. Beasley
, 1936-NMSC-004, 40 N.M. 68, 54 P.2d 687;
Merchants Nat'l Bank v. Otero
, 1918-NMSC-080, 24 N.M. 598, 175 P. 781.
Recitation of seal immaterial to consideration.
— The recitation at the close of a letter agreement that said agreement "shall be considered a sealed instrument by all parties signing" had no bearing on the question of lack of consideration.
Russell v. Texas Consol. Oils
, 120 F. Supp. 508 (D.N.M. 1954).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Deeds § 115; 68 Am. Jur. 2d Seals §§ 7 to 9.
26 C.J.S. Deeds §§ 34, 75.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-7 - [Powers of attorney and revocations thereof to be acknowledged and recorded.]

All powers of attorney or other writings containing authority to convey real estate, as agent or attorney of the owner of the same, or to execute, as agent for another, any conveyance of real estate, or by which real estate may be affected in law, or equity, shall be acknowledged, certified, filed and recorded, as other writings conveying or affecting real estate are required to be acknowledged. No such power of attorney, or other writing, filed and recorded in the manner prescribed in this section, shall be considered revoked by any act of the party executing the same, until the instrument of writing revoking the same, duly acknowledged and certified to, shall be filed for record and recorded in the office of the county clerk where said power of attorney or other writing is filed and recorded.
History:
Laws 1901, ch. 62, § 21; Code 1915, § 4774; C.S. 1929, § 117-118; 1941 Comp., § 75-106; 1953 Comp., § 70-1-6.
ANNOTATIONS
Requirements for power to convey same as requirements for conveyance.
— In order to give validity to a conveyance of lands under power of attorney, the power to convey must possess the same requisites and observe the same solemnities as are necessary in the deed directly conveying the land, and the only recognizable exception to the rule is where the execution by the agent or attorney is in the presence of and by the direction of the principal.
Miera v. Miera
, 1919-NMSC-016, 25 N.M. 299, 181 P. 583.
Law reviews.
— For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M. L. Rev. 1 (1974).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Sufficiency of execution of deed by agent or attorney in fact in name of principal without his own name appearing, 96 A.L.R. 1252.
Power of attorney under which deed or mortgage is executed, necessity of recording of, 114 A.L.R. 660.
2A C.J.S. Agency § 27.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-8 - [Conveyances under terminated power of attorney; validation.]

All conveyances or incumbrances of real or personal property heretofore or hereafter made in pursuance of a power of attorney valid when executed, are hereby declared valid notwithstanding the revocation of such power or the death of the donor of such power where the person to whom such conveyance or incumbrance is made or granted is a bona fide purchaser or incumbrancer for value and without notice of such revocation or death.
History:
1941 Comp., § 75-106a, enacted by Laws 1945, ch. 69, § 1; 1953 Comp., § 70-1-7.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-9 - [Notice of revocation or death by means of affidavit.]

Notice of such revocation or death may be given so as to affect, with notice, all subsequent purchasers or incumbrancers within the meaning of Section 1 [47-1-8 NMSA 1978] hereof by the filing for record with the county clerk of the county where such real estate is located or where such personal property is usually situated, as the case may be, of the affidavit of any person declaring the facts. Such affidavit may be made on information and belief and such [shall] be duly acknowledged in the same manner as the instrument conveying real estate.
History:
1941 Comp., § 75-106b, enacted by Laws 1945, ch. 69, § 2; 1953 Comp., § 70-1-8.
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.
— 3 Am. Jur. 2d Affidavits §§ 12 to 15.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-10 - [Recordation of affidavit of termination of power of attorney.]

In the absence of the recordation of an affidavit as described in Section 2 [47-1-9 NMSA 1978] hereof, all subsequent bona fide purchasers or incumbrancers [incumbrances] without actual notice of the defects in such power of attorney as referred to in Section 1 [47-1-8 NMSA 1978] hereof, shall be entitled to the same interest and to the same extent as they would have been had such power of attorney not been subject to such defects.
History:
1941 Comp., § 75-106c, enacted by Laws 1945, ch. 69, § 3; 1953 Comp., § 70-1-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-11 - [Instruments by agent authorized.]

All conveyances of real estate, mortgages, trust deeds, sales contracts and other instruments of writing affecting the title to real estate, subscribed and executed by the owner or owners thereof through his or her duly authorized agent under a duly executed and acknowledged power of attorney, shall have the same force and effect as though said conveyance, mortgage, trust deed, sales contract or other instrument affecting the title to real estate had been actually subscribed by the owner or owners thereof.
History:
Laws 1937, ch. 147, § 1; 1941 Comp., § 75-107; 1953 Comp., § 70-1-10.
ANNOTATIONS
Validating clauses.
— Laws 1937, ch. 147, § 2, provided that all written instruments affecting title to realty heretofore subscribed and executed under a power of attorney are valid.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 3 Am. Jur. 2d Agency §§ 73 to 77.
Authority of agent to endorse and transfer commercial paper, 37 A.L.R.2d 453.
Power of real-estate broker to execute contract of sale in behalf of principal, 43 A.L.R.2d 1014.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-12 - [Conveyance by decree or master.]

In all actions relating to real estate, where it becomes necessary for the conveyance of the same by either party to the action the court may enter a decree, which of itself shall operate as a good and sufficient conveyance of the real estate in question or may appoint any proper person to make such conveyance for and on behalf of the party.
History:
Laws 1901, ch. 62, § 10; 1903, ch. 5, § 4; Code 1915, § 4773; C.S. 1929, § 117-117; 1941 Comp., § 75-108; 1953 Comp., § 70-1-11.
ANNOTATIONS
Cross references.
— For bringing an action for specific performance,
see
42-7-1 to 42-7-4 NMSA 1978.
For enforcement of decree for specific performance,
see
Rule 1-070 NMRA.
Proceeding in rem to be brought in county where land situated.
— A suit in aid of execution to compel grantees of land to execute conveyances vesting title in judgment debtor so as to permit plaintiff to obtain execution on judgment is a proceeding in rem and must be brought in the county in which the land is situated.
Atler v. Stolz
, 1934-NMSC-079, 38 N.M. 529, 37 P.2d 243,
overruled on other grounds by
Kalosha v. Novick
, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845.
A suit to redeem lands from sale under decree of court must be brought in the county where the lands are situated.
Catron v. Gallup Fire Brick Co.
, 1929-NMSC-029, 34 N.M. 45, 277 P. 32,
overruled on other grounds by
Kalosha v. Novick
, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845.
Venue may be waived.
— The rights conferred by the venue statute are not jurisdictional and may be waived.
Kalosha v. Novick
, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845.
Constructive service of process is not sufficient
in an action to reform a lease or sublease by decreasing rental payments, and allowing credit for excess payments.
State ex rel. Truitt v. Dist. Court of Ninth Judicial Dist.
, 1939-NMSC-061, 44 N.M. 16, 96 P.2d 710.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-13 - [Lineal and collateral securities; contracts binding realty as against heirs and legal claimants.]

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