reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 2 - Real Estate Trusts › Section 47-2-3 - Organization of real estate trusts.

A real estate trust is established by filing for record with the clerk of the county in which its principal office in this state is located a declaration signed by all of its trustees, which must be at least three in number, and acknowledged before a notary public, which states:
A. that the real estate trust is organized and will be operated in conformity with the Real Estate Trust Act;
B. that the real estate trust has been established to invest in real estate assets and to pay over the net income and profits of the trust estate to the beneficial owners;
C. the location of the principal office of the real estate trust in this state and its mailing address;
D. the name, business address and the residential address of each trustee;
E. the period during which trustees shall hold office and the manner in which they shall be succeeded in office;
F. the number of units into which the beneficial ownership of the trust estate is to be divided and a description of the rights and privileges inuring to the holder of each unit;
G. that the real estate trust will not invest in any asset or take any other investment action unless its beneficial owners number more than one hundred persons, nor while any five of its beneficial owners own, directly or indirectly, an aggregate of more than fifty percent of the real estate trust; and
H. any other provisions for the regulation of the affairs of the real estate trust that the trustees elect to set forth in the declaration.
History:
1953 Comp., § 70-6-3, enacted by Laws 1973, ch. 390, § 3.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 2 - Real Estate Trusts › Section 47-2-4 - Operation of real estate trusts.

A. Except as limited or reserved to the beneficial owners by the declaration, the trustees are vested with the authority for the control, operation, disposition, investment, reinvestment and management of the trust estate.
B. The action of a majority of the trustees is the action of the real estate trust except as otherwise provided by the declaration.
C. Trustees shall hold office and be succeeded in office as provided by the declaration, but no successor may act as trustee until he has filed for record with the clerk of the county in which the principal office of the real estate trust is located a document, signed by him and acknowledged before a notary public, by which he assumes the obligations of trustee as provided in the declaration.
D. Any legal process, notice or demand required or permitted by law to be served upon a real estate trust may be served upon any trustee currently in office, or upon the person in charge of the principal office of the trust in this state.
E. The trustees shall cause the real estate trust to maintain complete books of account, records, and memoranda reflecting the financial and other activities of the real estate trust, the decisions of the trustees, the name and address of persons who are beneficial owners of the trust, and the number of units held by each. These documents shall be open for inspection and copying by any beneficial owner at any reasonable time for any good faith purpose related to the interest of the beneficial owner. The trustees shall cause current financial statements of the real estate trust to be transmitted annually to the beneficial owners. These statements shall reflect the assets, liabilities and operations of the real estate trust and be prepared in accordance with generally accepted accounting principles.
History:
1953 Comp., § 70-6-4, enacted by Laws 1973, ch. 390, § 4.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 36, § 3 made the Uniform Vendor and Purchaser Risk Act effective July 1, 1997.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 76 Am. Jur. 2d Trusts §§ 280, 410, 546, 547.
90 C.J.S. Trusts §§ 160, 172.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 2 - Real Estate Trusts › Section 47-2-6 - Real estate trusts; general provisions.

A. A real estate trust is a separate legal entity and solely responsible for its debts and obligations. No trustee or beneficial owner, solely because of that status, shall be individually liable for the acts, omissions, debts or obligations of the real estate trust, except for his own bad faith, willful misfeasance, gross negligence, or reckless disregard of his duties.
B. Certificates evidencing units of beneficial ownership in a real estate trust are investment securities within the meaning of the Uniform Commercial Code [Chapter 55 NMSA 1978] and within the meaning of state and federal securities laws.
C. The conduct of the trustees in relation to the real estate trust, to the trust estate, and to the beneficial owners, shall be judged by the fiduciary responsibilities of trustees of a business trust.
D. Any existing trust and a real estate trust having its principal place of business in another state may, but need not, adopt the provisions of the Real Estate Trust Act by filing for record a document conforming to the act with the clerk of the county in which the principal office of the real estate trust in this state is located.
History:
1953 Comp., § 70-6-6, enacted by Laws 1973, ch. 390, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 76 Am. Jur. 2d Trusts § 410.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-1 - Short title.

Sections 47-3-1 through 47-3-5 NMSA 1978 may be cited as the "Solar Rights Act".
History:
1953 Comp., § 70-8-1, enacted by Laws 1977, ch. 169, § 1; 2007, ch. 232, § 2.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the statutory reference to the act.
Law reviews.
— For note, "Access to Sunlight: New Mexico's Solar Rights Act," see 19 Nat. Res. J. 957 (1979); 10 N.M.L. Rev. 169 (1979-80).
For article, "Access to Solar Energy: The Problem and Its Current Status," see 22 Nat. Res. J. 21 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Solar energy: landowner's rights against interference with sunlight desired for purposes of solar energy, 29 A.L.R.4th 349.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-2 - Declaration and findings.

The legislature declares that the state of New Mexico recognizes that economic benefits can be derived for the people of the state from the use of solar energy. Operations, research, experimentation and development in the field of solar energy use shall therefore be encouraged. While recognizing the value of research and development of solar energy use techniques and devices by governmental agencies, the legislature finds and declares that the actual construction and use of solar devices, whether at public or private expense, is properly a commercial activity which the law should encourage to be carried out, whenever practicable, by private enterprise.
History:
1953 Comp., § 70-8-2, enacted by Laws 1977, ch. 169, § 2.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-3 - Definitions.

As used in the Solar Rights Act:
A. "solar collector" means a device, substance or element, or a combination of devices, substances or elements, that relies upon sunshine as an energy source and that is capable of collecting not less than twenty-five thousand British thermal units on a clear winter solstice day or that is used for the conveyance of light to the interior of a building. The term also includes any device, substance or element that collects solar energy for use in:
(1) the heating or cooling of a structure or building;
(2) the heating or pumping of water;
(3) industrial, commercial or agricultural processes; or
(4) the generation of electricity. A solar collector may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member or part of a roof of a building or structure and serving as a window or wall; and
B. "solar right" means a right to an unobstructed line-of-sight path from a solar collector to the sun, which permits radiation from the sun to impinge directly on the solar collector.
History:
1953 Comp., § 70-8-3, enacted by Laws 1977, ch. 169, § 3; 2007, ch. 232, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, expanded the definition of "solar collector" to include devices that convey light to the interior of a building.
Law reviews.
— For note, "Access to Sunlight: New Mexico's Solar Rights Act," see 19 Nat. Res. J. 957 (1979); 10 N.M.L. Rev. 169 (1979-80).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-4 - Declaration of solar rights.

A. The legislature declares that the right to use the natural resource of solar energy is a property right, the exercise of which is to be encouraged and regulated by the laws of this state. Such property right shall be known as a solar right.
B. The following concepts shall be applicable to the regulation of disputes over the use of solar energy where practicable:
(1) "beneficial use." Beneficial use shall be the basis, the measure and the limit of the solar right, except as otherwise provided by written contract. If the amount of solar energy which a solar collector user can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise;
(2) "prior appropriation." In disputes involving solar rights, priority in time shall have the better right except that the state and its political subdivisions may legislate, or ordain that a solar collector user has a solar right even though a structure or building located on neighborhood property blocks the sunshine from the proposed solar collector site. Nothing in this paragraph shall be construed to diminish in any way the right of eminent domain of the state or any of its political subdivisions or any other entity that currently has such a right; and
(3) "transferability." Solar rights shall be freely transferable within the bounds of such regulation as the legislature may impose. The transfer of a solar right shall be recorded in accordance with Chapter 14, Article 9 NMSA 1978.
C. Unless a singular overriding state concerns occur which significantly affect the health and welfare of the citizens of this state, permit systems for the use and application of solar energy shall reside with county and municipal zoning authorities.
History:
1953 Comp., § 70-8-4, enacted by Laws 1977, ch. 169, § 4.
ANNOTATIONS
Law reviews.
— For note, "Rate Structure and Energy Conservation in the 1977 New Mexico Legislative Session," see 8 N.M.L. Rev. 99 (1978).
For note, "Access to Sunlight: New Mexico's Solar Rights Act," see 19 Nat. Res. J. 957 (1979); 10 N.M.L. Rev. 169 (1979-80).
For article, "Access to Solar Energy: The Problem and Its Current Status," see 22 Nat. Res. J. 21 (1982).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-5 - Prior rights unaffected.

Nothing in the Solar Rights Act shall be construed to alter, amend, deny, impair or modify any solar right, lease, easement or contract right which has vested prior to the effective date of the Solar Rights Act.
History:
1953 Comp., § 70-8-5, enacted by Laws 1977, ch. 169, § 5.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-7 - Legislative findings and declaration.

The legislature finds that in view of the present energy crisis, all renewable energy sources must be encouraged for the benefit of the state as a whole. The legislature further finds that solar energy is a viable energy source in New Mexico, and as such, its development should be encouraged. Since solar energy may be used in small-scale installations and one of the ways to accomplish such encouragement is by protection of rights necessary for small-scale installations, the legislature declares such protection to be the purpose of the Solar Recordation Act and necessary to the public interest.
History:
Laws 1983, ch. 233, § 2.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-8 - Method of claiming; effect; limitations.

A solar right may be claimed by an owner of real property upon which a solar collector, as defined in Subsection A of Section 47-3-3 NMSA 1978, has been placed. Once vested, the right shall be enforceable against any person who constructs or plans to construct any structure, in violation of the terms of the Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978] or the Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978]. A solar right shall be considered an easement appurtenant, and a suit to enforce a solar right may be brought at law or in equity. The solar right shall be subject to the provisions of the Solar Recordation Act and the Solar Rights Act.
History:
Laws 1983, ch. 233, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Solar energy: landowner's rights against interference with sunlight desired for purposes of solar energy, 29 A.L.R.4th 349.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-10 - Transfer.

Unless the document of conveyance otherwise specifies, upon the transfer of any realty on which a solar right exists or upon the transfer of any realty benefited by a filed declaration contesting a solar right, that solar right or declaration contesting the solar right shall be transferred with the realty and shall be enforceable by the vendee in the same manner and to the same extent to which it was enforceable by the vendor. A solar right is appurtenant to the real property upon which the solar collector is situated. Nothing in this section shall be construed to prevent a person from agreeing to relinquish a solar right or a potential solar right. Nothing in this section shall affect any transfer of solar rights made prior to the effective date of the Solar Recordation Act pursuant to Paragraph (3) of Subsection B of Section 47-3-4 NMSA 1978 or any local solar rights ordinance.
History:
Laws 1983, ch. 233, § 5.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-11 - Local authority.

A. Notwithstanding any other provisions of the Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978] or the Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978], the governing body of a county or municipality may by ordinance regulate in whole or in part the claiming of solar rights in accordance with its powers to regulate zoning, planning and platting, and subdivisions; except that any solar right claimed pursuant to such local ordinance shall vest with respect to any property benefited or burdened by the solar right only after recordation as provided in Section 4 [47-3-9 NMSA 1978] of the Solar Recordation Act. Such local regulation shall not affect any solar right vested before the effective date of such ordinance, nor shall the local regulation affect any solar rights transfer which vested prior to the effective date of such ordinance. In the absence of the local regulation of solar rights, the following principles shall apply in addition to those set forth in the Solar Rights Act. If the property burdened by a solar right has or could have improvements constructed to a maximum height of twenty-four feet, then the solar right shall be limited, as to that burdened property, to protecting an unobstructed line-of-sight path from the solar collector to the sun only as to obstructions located on the burdened property which cast a shadow greater than the shadow cast by a hypothetical fence ten feet in height located on the property line of the property on which the solar collector is located. If the property burdened by a solar right has or could have improvements constructed in excess of twenty-four feet in height, but no greater than thirty-six feet, then the solar right shall be limited, as to that burdened property, to protecting an unobstructed line-of-sight path from the solar collector to the sun only as to obstructions located on the burdened property which cast a shadow greater than the shadow cast by a hypothetical fence fifteen feet in height located on the property line of the property on which the solar collector is located. No solar right shall be obtained against property which has or could have improvements constructed in excess of thirty-six feet in height unless so provided in a local ordinance or agreed to by contract. Unless otherwise provided by contract or local ordinance, a person may allow vegetation to grow or construct or plan to construct any improvement which obstructs the protected solar right so long as such obstruction does not block more than ten percent of the collectible solar energy between the hours of 9:00 a.m. and 3:00 p.m. Unless otherwise provided by contract or local ordinance, solar rights shall be protected between 9:00 a.m. and 3:00 p.m.
B. Nothing in the Solar Recordation Act shall be construed to limit any county or municipal ordinances concerning solar rights in effect prior to the effective date of this section.
History:
Laws 1983, ch. 233, § 6.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 3 - Solar Rights › Section 47-3-12 - Indexing.

A declaration filed pursuant to Section 4 [47-3-9 NMSA 1978] of the Solar Recordation Act shall be indexed by the county clerk in the grantees index under the names of the persons receiving notice in the declaration and in the grantors index under the name of the person filing the declaration.
History:
Laws 1983, ch. 233, § 7.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-1 - Definitions.

As used in this act [47-4-1 to 47-4-9 NMSA 1978]:
A. "person" includes individuals, firms, partnerships, associations, cooperatives and corporations; and
B. "abstracter's business" means the business of compiling or furnishing abstracts of title to any real estate within this state.
History:
1953 Comp., § 70-2-5, enacted by Laws 1963, ch. 307, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abstracts of Title § 1 et seq.
Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 A.L.R.4th 314.
1 C.J.S. Abstracts of Title §§ 3, 5, 6 to 12.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-2 - Requirements for bond.

A. No person shall conduct an abstracter's business without first entering into a bond to the state of New Mexico for the use and benefit of any person who shall sustain any loss or damage by reason of the failure of the abstracter to set out, or record, properly, any instrument, or other item of record, affecting the title to the real estate covered by the abstract.
B. The bond shall be with a surety company authorized to do business in this state and shall be in the penal sum of $7,500.00.
C. The bond shall be approved, as to the statutory amount, by the county clerk of the county in which the abstract business is to be conducted, and the county clerk shall record the bond. If an abstracter's business is to be conducted in more than one county, a separate bond, in the proper amount, shall be filed in each county.
History:
1953 Comp., § 70-2-6, enacted by Laws 1963, ch. 307, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abstracts of Title § 1 et seq.
Liability of attorney for negligence in connection with investigation or certification of title to real estate, 59 A.L.R.3d 1176.
1 C.J.S. Abstracts of Title §§ 8, 11, 13.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-3 - Limitation of action on bond.

No suit shall be brought upon the bond, or against the surety, after six years from the date of the last certificate contained in the abstract.
History:
1953 Comp., § 70-2-7, enacted by Laws 1963, ch. 307, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abstracts of Title § 1 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-4 - Requirement of abstract plant.

No person shall conduct an abstracter's business unless the person owns, operates or controls an abstract plant consisting of tract indexes and other records, showing in brief comprehensive form, or full copy, all instruments of record or on file, affecting real estate in the county where he is bonded to transact business. The plant shall include an index, by name, covering district court and probate court records, transcripts of judgments, federal and state tax liens and other required information for the proper preparation of an abstract. The abstract plant may be maintained in bound books, looseleaf books, jackets, folders, on card files or film, or any other form or system, whether manual, mechanical, electronic or otherwise, or in any combination of such forms or systems. The abstract plant shall cover the period from twenty years prior to July 1, 1963, or twenty years prior to the date the abstracter commences business, whichever is later, up to date. The plant must also be currently maintained to include all daily filings in the county affecting real property.
History:
1953 Comp., § 70-2-8, enacted by Laws 1963, ch. 307, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 C.J.S. Abstracts of Title §§ 1, 4.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-5 - Exemption from requirement of abstract plant for certain abstracters.

A. Every person who, on January 1, 1963, was actively engaged in the business of compiling or furnishing abstracts of title to real estate within any county in this state, shall be exempt from the requirement of having a twenty-year abstract plant in order to conduct an abstracters [abstracter's] business in such county, provided that an abstract plant is maintained on a current basis, commencing July 1, 1963.
B. There shall be excluded from the provisions of Section 4 [47-4-4 NMSA 1978] all persons exclusively engaged in the preparation of abstracts using only the records of the bureau of land management, commissioner of public lands, and/or bureau of Indian affairs.
History:
1953 Comp., § 70-2-9, enacted by Laws 1963, ch. 307, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Abstracter's employee not engaged in compiling or furnishing abstracts.
— An employee of a bonded abstracter on January 1, 1963, who was compiling abstracts for the bonded abstracter and which abstracts were furnished under the name and bond of his employer was not a person actively engaged in the business of compiling or furnishing abstracts within the meaning of this section so as to be exempt from the 20-year plant requirement, even though he might comply with the requirement that he has maintained an abstract plant on a current basis commencing July 1, 1963. 1966 Op. Att'y Gen. No. 66-86.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abstracts of Title § 1 et seq.
Right of abstracter to inspect or make copies of public records, 80 A.L.R. 760.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-6 - Affidavit of requirement of compliance with requirement of abstract plant.

No person shall conduct an abstracter's business without first filing with the county clerk of the county where the business shall be conducted, an affidavit that such person has complied, and is complying, with the requirements for an abstract plant. The affidavit shall be filed on or before July 1 of each year and abstracter is required to file such an affidavit yearly.
History:
1953 Comp., § 70-2-10, enacted by Laws 1963, ch. 307, § 6.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-7 - Territorial limit on abstracters [abstracter's] business.

An abstracter who has filed the necessary bond and affidavit shall receive a certificate from the county clerk to the effect that the bond and affidavit have been recorded, and this certificate shall be evidence of the right and authority of the abstracter to conduct business in the county so long as he maintains, unimpaired, the surety on the bond and the necessary abstract plant. The certificate shall permit the abstracter to compile and furnish abstracts of title on property located in the county or counties for which the abstracter has the necessary abstract plant, provided that a bonded abstracter may compile and furnish abstracts for any county where there is no bonded abstracter.
History:
1953 Comp., § 70-2-11, enacted by Laws 1963, ch. 307, § 7.
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 4 - Abstracters › Section 47-4-8 - Penalty for violation of act.

Any person found guilty of violating the provisions of this act [47-4-1 to 47-4-9 NMSA 1978], including, but not limited to the filing of a false affidavit, shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense.
History:
1953 Comp., § 70-2-12, enacted by Laws 1963, ch. 307, § 8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 A.L.R.4th 314.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-9 - [Application of act.]

The provisions of Sections 4, 6 and 7 [47-4-4, 47-4-6, 47-4-7 NMSA 1978] of this act do not apply to mineral abstracting.
History:
1953 Comp., § 70-2-13, enacted by Laws 1963, ch. 307, § 9.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 4 - Abstracters › Section 47-4-10 - Real estate sales; disclosure of certain attorney's fees required; provisions for civil liability.

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

As used in the Land Subdivision Act:
A. "subdivided land" and "subdivision" means improved or unimproved land divided, or proposed to be divided, into twenty-five or more lots or parcels for the purpose of sale or lease, but does not include the leasing of apartments, offices, stores or similar space within a building unless an undivided interest in the land is granted as a condition precedent to occupying space within the building and does not include subdivisions approved by an agency of the United States or by a municipality, and does not include any subdivision where the primary business of the developer is the construction of home improvements;
B. "blanket encumbrance" means a trust deed, mortgage or any other lien or encumbrance, including mechanics' liens, securing or evidencing the payment of money or the furnishing of services or materials and affecting land to be subdivided or affecting more than one lot or parcel of subdivided land, or an agreement affecting more than one lot or parcel by which the owner or subdivider holds the subdivision under an option, contract to sell or trust agreement. Taxes and assessments levied by public authority are not included.
History:
1953 Comp., § 70-3-2, enacted by Laws 1963, ch. 217, § 2.
ANNOTATIONS
Characterization of particular tract of land.
— Whether or not a particular tract of land is a "subdivision" depends on the facts of each particular case. 1964 Op. Att'y Gen. No. 64-05.
Question of proposed division.
— When the question is whether or not a developer has proposed to divide a tract into at least 25 parcels, the enforcing authority should determine the question from the method of operation and all the facts in each particular case. 1963 Op. Att'y Gen. No. 63-154.
Subdivision within municipality.
— The Land Subdivision Act does not apply to a subdivision within a municipality. 1970 Op. Att'y Gen. No. 70-84, overruled by 1976 Op. Att'y Gen. No. 76-09.
Law reviews.
— For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 5 - Subdivisions Generally › Section 47-5-4 - [Conditions affecting use or occupancy of subdivided land; written disclosure prior to sale.]

It shall be unlawful to sell or lease until there has been disclosed in writing to the purchaser or lessee of a lot or parcel in the subdivided land, the following:
A. all restrictions or reservations of record which subject the subdivided land to any unusual conditions affecting its use or occupancy;
B. the fact that any street or road facilities have not been accepted for maintenance by a governmental agency when such is the case;
C. availability of public utilities in the subdivision including water, electricity, gas and telephone facilities;
D. if water is available only from subterranean sources the average depth of such water within the subdivision;
E. the complete price and financing terms or rental; and
F. the existence of blanket encumbrances, if any, on such subdivision, unless such blanket encumbrances provide for a proper release or subordination of said blanket encumbrances to such lot or parcel.
History:
1953 Comp., § 70-3-4, enacted by Laws 1963, ch. 217, § 4.
ANNOTATIONS
Acceptance is prerequisite to obligation to maintain.
— The specific requirement of disclosure to a buyer regarding whether the county has accepted subdivision roads for maintenance confirms that the legislature intended county acceptance of roads for maintenance to be a prerequisite to a county obligation to maintain the subdivision roads.
McGarry v. Scott
, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608.
Statement that subdivider does not know average depth of subterranean water
is not in compliance with the mandate of Subdivision D. 1964 Op. Att'y Gen. No. 64-05.
Expert opinion on water depth more appropriate than subdivider's drilling experience.
— In order to comply with Subdivision D, the opinion of a qualified expert such as a qualified groundwater hydrologist would be more appropriate than the estimate of the subdivider based on the actual drilling of a well. 1964 Op. Att'y Gen. No. 64-05.
Law reviews.
— For note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Res. J. 286 (1972).
For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning §§ 518 to 520.
Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573.
Waiver of right to enforce restrictive covenant by failure to object to other violations, 25 A.L.R.5th 123.
Laches or delay in bringing suit as affecting right to enforce restrictive building covenant, 25 A.L.R.5th 233.
91 C.J.S. Vendor and Purchaser § 65.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 5 - Subdivisions Generally › Section 47-5-5 - Advertising standards.

Brochures, publications and advertising of any form relating to subdivided land shall:
A. not misrepresent or contain false or misleading statements of fact;
B. not describe deeds, title insurance or other items included in a transaction as "free," and shall not state that any lot or parcel is "free" or given as an "award" or "prize" if any consideration is required for any reason;
C. not describe lots or parcels available for "closing costs only" or similar terms unless all such costs are accurately and completely itemized or when additional lots must be purchased at a higher price;
D. not include an asterisk or other reference symbol as a means of contradicting or substantially changing any statement;
E. disclose that individual lots or parcels are not identifiable when such is the case;
F. if illustrations of the subdivision are used, accurately portray the subdivision in its present state, and if illustrations are used portraying points of interest outside the subdivision, state the actual road miles from the subdivision;
G. not contain artists' conceptions of the subdivision or any facilities within it unless clearly described as such, and shall not contain maps unless accurately drawn to scale and the scale indicated;
H. not contain references to any facilities, points of interest or municipalities located outside the subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles.
History:
1953 Comp., § 70-3-5, enacted by Laws 1963, ch. 217, § 5.
ANNOTATIONS
Cross references.
— For Real Estate Disclosure Act,
see
47-13-1 NMSA 1978 et seq.
Law reviews.
— For note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Res. J. 286 (1972).
For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Brokers § 20.
Validity, construction and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.
35 C.J.S. False Pretenses § 30.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 5 - Subdivisions Generally › Section 47-5-6 - Fraud; penalty.

Any officer, agent or employee of any firm or corporation, or any other person who knowingly authorizes or assists in the publication, advertising, distribution or circulation of any false statement or representation concerning any subdivided land offered for sale or lease, and any person, firm or corporation who, with knowledge that any written statement relating to the subdivided land is false or fraudulent, issues, circulates, publishes or distributes it in this state, is guilty of a felony and shall be puinshed [punished] by imprisonment for not more than five years, or by a fine of not more than one hundred thousand dollars ($100,000), or both.
History:
1953 Comp., § 70-3-6, enacted by Laws 1963, ch. 217, § 6.
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.
— 77 Am. Jur. 2d Vendor and Purchaser § 2.
Validity, construction and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.
What constitutes false, misleading or deceptive advertising or promotional practices subject to action by Federal Trade Commission, 65 A.L.R.2d 225, 34 A.L.R. Fed. 507.
35 C.J.S. False Pretenses §§ 30, 49; 37 C.J.S. Fraud § 154.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 5 - Subdivisions Generally › Section 47-5-7 - Other violations; penalty.

A. It is unlawful to:
(1) willfully violate or fail to comply with any provisions of the Land Subdivision Act; or
(2) advertise or publish, or assist in advertising and publishing in this state the sale or lease of any lot or parcel of subdivided land located in another state, territory or foreign country unless the advertisement or publication complies with the requirements of the Land Subdivision Act with respect to subdivisions located in this state.
B. Any person, firm or corporation violating any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred thousand dollars ($100,000).
History:
1953 Comp., § 70-3-7, enacted by Laws 1963, ch. 217, § 7.
ANNOTATIONS
Refusal to bring criminal charges.
— So long as the district attorney acts in good faith and not arbitrarily, he may refuse to bring criminal charges for violation of the Land Subdivision Act. 1964 Op. Att'y Gen. No. 64-05.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 5 - Subdivisions Generally › Section 47-5-8 - [Injunction.]

Whenever the attorney general of the state of New Mexico or any district attorney of a judicial district of the state of New Mexico, after a complaint has been filed by any individual alleging injury hereunder, or upon his own initiative, after investigation made, believes any officer, agent or employee of any firm or corporation or other person is knowingly violating or authorizing violation of any part of this act [47-5-1 to 47-5-8 NMSA 1978], he shall bring an action to enjoin the violation in any district court regardless of whether criminal charges are filed.
History:
1953 Comp., § 70-3-8, enacted by Laws 1963, ch. 217, § 8.
ANNOTATIONS
Compiler's notes.
— For refusal to bring criminal charges,
see
same catchline in notes to 47-5-7 NMSA 1978.
Enjoining violation of the Land Subdivision Act appears to be mandatory.
1964 Op. Att'y Gen. No. 64-05.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 42 Am. Jur. 2d Injunctions §§ 23, 38, 296.
Jurisdiction, at the instance of governmental agency, to enjoin an act amounting to a crime, 40 A.L.R. 1145, 91 A.L.R. 315.
43A C.J.S. Injunctions § 133.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 5 - Subdivisions Generally › Section 47-5-9 - Application.

The Land Subdivision Act applies to all subdivisions except where the subdivision is located within a county for which subdivision regulations have been adopted as provided in the New Mexico Subdivision Act [Chapter 47, Article 6 NMSA 1978].
History:
1953 Comp., § 70-3-9, enacted by Laws 1973, ch. 348, § 37.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 348, § 37, repealed 70-3-9, 1953 Comp., relating to applicability of the Land Subdivision Act, and enacted the above section.
Compliance required for land presently offered for sale or lease.
— This section requires compliance only from those owners or subdividers of subdivided land presently being offered for sale or lease. 1964 Op. Att'y Gen. No. 64-05.
Where a subdivision was completed and all lots were sold before the effective date of the Land Subdivision Act, the owner or subdivider does not have to comply with the act. 1964 Op. Att'y Gen. No. 64-05.
Number of parcels
— The Land Subdivision Act applies to those situations where the land was divided into 25 or more parcels before the effective date of the act and portions of it were being offered for sale or lease at the time of the effective date of the act. 1964 Op. Att'y Gen. No. 64-05.
Law reviews.
— For note, "Gabaldon v. Sanchez: New Developments in the Law of Nuisance, Negligence and Trespass," see 9 N.M.L. Rev. 367 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations § 102.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-3 - Final plat; description.

A. Any person desiring to subdivide land shall have a final plat of the proposed subdivision certified by a surveyor registered in New Mexico. The final plat shall:
(1) define the subdivision and all roads by reference to permanent monuments;
(2) accurately describe legal access to, roads to and utility easements for each parcel, and if the access or easements are based upon an agreement, the recording data in the land records for the agreement;
(3) number each parcel in progression, give its dimensions and the dimensions of all land dedicated for public use or for the use of the owners of parcels fronting or adjacent to the land; and
(4) delineate those portions of the subdivision that are located in a flood plain.
B. Descriptions of parcels by number and plat designation are valid in conveyances and valid for the purpose of taxation.
History:
1953 Comp., § 70-5-3, enacted by Laws 1973, ch. 348, § 3; 1995, ch. 212, § 3.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, substituted "Final plat" for "Subdivision" in the section heading; added the subsection and paragraph designations; in Subsection A, substituted "final plat" for "plat" in two places in the introductory paragraph, substituted the language beginning "legal access to" for "each parcel" at the end of Paragraph (2), added Paragraph (4) and made related and minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning §§ 521 to 527.
91 C.J.S. Vendor and Purchaser § 39.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-4 - Final plat acknowledgment; affidavit.

Every final plat shall contain a statement that the land being subdivided is subdivided in accordance with the final plat. The final plat shall be acknowledged by the owner and subdivider or their authorized agents in the manner required for the acknowledgment of deeds. Every final plat submitted to the county clerk shall be accompanied by an affidavit of the owner and subdivider or their authorized agents stating whether or not the proposed subdivision lies within the subdivision regulation jurisdiction of the county. A copy of the final plat shall be provided to every purchaser, lessee or other person acquiring an interest in the subdivided land prior to sale, lease or other conveyance.
History:
1953 Comp., § 70-5-4, enacted by Laws 1973, ch. 348, § 4; 1995, ch. 212, § 4.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, substituted "Final plat" for "Plat" in the section heading and "final plat" for "plat" throughout the section; substituted "final plat" for "desire of the owner of the land" at the end of the first sentence; substituted "subdivider" for "owner" in the second and third sentences; and added the final sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning §§ 529 to 534, 546 to 574.
62 C.J.S. Municipal Corporations § 83.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-5 - Dedication for public use; maintenance.

The final plat shall contain a certificate stating that the board of county commissioners accepted, accepted subject to improvement or rejected, on behalf of the public, any land offered for dedication for public use in conformity with the terms of the offer of dedication. Upon full conformance with the county road construction standards, the roads may be accepted for maintenance by the county. Acceptance of offers of dedication on a final plat shall not be effective until the final plat is filed in the office of the county clerk or a resolution of acceptance by the board of county commissioners is filed in such office.
History:
1953 Comp., § 70-5-5, enacted by Laws 1973, ch. 348, § 5; 1981, ch. 148, § 2; 1995, ch. 212, § 5.
ANNOTATIONS
Cross references.
— For record of survey requirements,
see
61-23-28.2 NMSA 1978.
The 1995 amendment,
effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.
The 1981 amendment
added "maintenance" at the end of the section heading and added the last two sentences in the section.
Formal county acceptance is required
under the Subdivision Act to obligate the county for road maintenance and such acceptance cannot be satisfied through the common law doctrines of prescriptive acquisition or implied dedication.
McGarry v. Scott
, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608.
Public use of a road, school bus routes, and postal service do not establish an acceptance by a county of road maintenance obligations; such acts do not unequivocally show intent to assume jurisdiction, particularly in the face of filed disclosure forms that clearly show county rejection of maintenance obligations.
McGarry v. Scott
, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608.
The specific requirement under Section 47-5-4 NMSA 1978 of disclosure to a buyer regarding whether the county has accepted subdivision roads for maintenance confirms that the legislature intended county acceptance of roads for maintenance to be a prerequisite to a county obligation to maintain the subdivision roads.
McGarry v. Scott
, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608.
Specificity of road and road maintenance provisions.
— The Subdivision Act deals with the subject of subdivision roads and county road maintenance in a much more detailed way than Sections 67-2-1 and 67-2-2 NMSA 1978; therefore, the Subdivision Act controls over the more general statutes.
McGarry v. Scott
, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608.
Law reviews.
— For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Dedication §§ 30, 43, 44, 47, 48, 60, 61.
Sales of lots with reference to plats as conferring, in absence of effective dedication to public, rights upon others than lots owners in respect to streets shown by plat, 172 A.L.R. 167.
Validity and construction of regulations as to subdivision maps and plats, 11 A.L.R.2d 524.
26 C.J.S. Dedication §§ 26, 40.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 6 - County Subdivisions › Section 47-6-6 - Filing with county clerk; duties of county clerk.

The county clerk shall not accept for filing any final plat subject to the New Mexico Subdivision Act that has not been approved as provided in the New Mexico Subdivision Act. Whenever separate documents are to be recorded concurrently with the final plat, the county clerk shall cross-reference such documents. Preliminary plats shall not be filed with the county clerk.
History:
1953 Comp., § 70-5-6, enacted by Laws 1973, ch. 348, § 6; 1979, ch. 172, § 2; 1995, ch. 212, § 6.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable.
Duties of clerk.
— A county clerk's authority to conduct a substantive review of the contents of a survey plat is limited to the threshold question of whether a plat accomplishes a subdivision of land.
Valdez v. Vigil
, 2007-NMCA-031, 141 N.M. 316, 154 P.3d 691, cert. denied, 2006-NMCERT-011, 140 N.M. 846, 149 P.3d 943.
Law reviews.
— For note, "Definitional Loopholes Limit New Mexico Counties' Authority to Regulate Subdivisions," see 24 Nat. Res. J. 1083 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Dedication §§ 26, 27, 37, 38, 40.
26 C.J.S. Dedication § 22.