reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-14 - [Effect of words "bargained and sold".]

The words, bargained and sold, or words to the same effect, in all conveyances of hereditary real estate, unless restricted in express terms on the part of the person conveying the same, himself and his heirs, to the person to whom the property is conveyed, his heirs and assignees, shall be limited to the following effect:
A. that the grantor, at the time of the execution of said conveyance, is possessed of an irrevocable possession in fee simple to the property so conveyed;
B. that the said real estate, at the time of the execution of said conveyance, is free from all encumbrance made or suffered to be made by the grantor, or by any person claiming the same under him;
C. for the greater security of the person, his heirs and assignees, to whom said real estate is conveyed by the grantor and his heirs, suits may be instituted the same as if the conditions were stipulated in the said conveyance.
History:
Laws 1851-1852, p. 374; C.L. 1865, ch. 44, § 3; C.L. 1884, § 2750; C.L. 1897, § 3941; Code 1915, § 4759; C.S. 1929, § 117-103; 1941 Comp., § 75-110; 1953 Comp., § 70-1-13.
ANNOTATIONS
Cross references.
— For the effect of the word "grant,"
see
47-1-32 NMSA 1978.
"Hereditary real estate"
means real estate of inheritance.
Douglass v. Lewis
, 131 U.S. 75, 9 S. Ct. 634, 33 L. Ed. 53 (1889).
Effect of express covenant.
— When an express covenant of warranty is introduced into a deed, the purchaser is denied the benefits of statutory covenants.
Douglass v. Lewis
, 131 U.S. 75, 9 S. Ct. 634, 33 L. Ed. 53 (1889).
Covenants of warranty and seisin distinguished.
— The covenant of warranty and that of seisin or of right to convey are not equivalent covenants. Defect of title will sustain an action upon the one, while disturbance of possession is requisite to recover upon the other.
Douglass v. Lewis
, 131 U.S. 75, 9 S. Ct. 634, 33 L. Ed. 53 (1889).
"Possessed of an irrevocable possession in fee simple"
means seised of an indefeasible estate in fee simple.
Douglass v. Lewis
, 131 U.S. 75, 9 S. Ct. 634, 33 L. Ed. 53 (1889).
Law reviews.
— For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Deeds §§ 13, 263, 264.
Risk of loss by casualty pending contract for conveyance of real property - modern cases, 85 A.L.R.4th 233.
Construction and effect of provision in contract for sale of realty by which purchaser agrees to take property "as is" or in its existing condition, 8 A.L.R.5th 312.
26 C.J.S. Deeds § 7.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-15 - [Joint grantees or devisees; tenancy in common.]

All interest in any real estate, either granted or bequeathed to two or more persons other than executors or trustees, shall be held in common, unless it be clearly expressed in said grant or bequest that it shall be held by both parties.
History:
Laws 1851-1852, p. 374; C.L. 1865, ch. 44, § 17; C.L. 1884, § 2764; C.L. 1897, § 3961; Code 1915, § 4762; C.S. 1929, § 117-106; 1941 Comp., § 75-111; 1953 Comp., § 70-1-14.
ANNOTATIONS
Cross references.
— For conveyance to two or more persons "as joint tenants,"
see
47-1-35 NMSA 1978.
For conveyances to married persons,
see
40-3-12 NMSA 1978.
Joint tenancy held created.
— A deed executed by a husband in 1908 conveying community real estate to his wife and their daughter, stating that it was the intention of the grantor that the estate conveyed should be held by the grantees as joint tenants, created a joint tenancy, and not a tenancy in common in the entire premises.
Brown v. Jackson
, 1931-NMSC-053, 35 N.M. 604, 4 P.2d 1081.
Real estate contract as evidence of transmutation of property.
— Although a real estate contract is not conclusive and is not, by itself, substantial evidence on the issue of transmutation of property, it at least constitutes some evidence of intent to transmute.
Nichols v. Nichols
, 1982-NMSC-071, 98 N.M. 322, 648 P.2d 780.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Deeds §§ 35, 179, 185, 274 to 276, 333, 359; 28 Am. Jur. 2d Estates § 2.
Partnership, effect of designating by firm name grantee in deed to pass title to partners as tenants in common, 1 A.L.R. 564, 8 A.L.R. 493.
Contribution as between cotenants in remainder as affected by fact that one or more of them owns, or did own, the life estate or an interest therein, 98 A.L.R. 859.
Lease to two or more as creating a tenancy in common or a joint tenancy, 113 A.L.R. 573.
Validity of provision in deed or other instrument creating a cotenancy that neither tenant shall encumber or dispose of his interest without consent of the other, 124 A.L.R. 222.
Character of tenancy created by instrument purporting to convey one's title or interest to himself and another, 132 A.L.R. 632, 173 A.L.R. 1216, 44 A.L.R.2d 595.
Character of tenancy created by owner's conveyance to himself and another, or to another alone, of an undivided interest, 44 A.L.R.2d 595.
What constitutes a devise or bequest in joint tenancy notwithstanding statute raising a presumption against joint tenancy, 46 A.L.R.2d 523.
Construction of devise to persons as joint tenants and expressly to the survivor of them, or to them "with the right of survivorship," 69 A.L.R.2d 1058.
Regulation of time-share or interval ownership interests in real estate, 6 A.L.R.4th 1288.
Estate created by deed to persons described as husband and wife but not legally married, 9 A.L.R.4th 1189.
26 C.J.S. Deeds §§ 24, 119, 125, 127; 48A C.J.S. Joint Tenancy §§ 22, 23.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-17 - [Entailed estates.]

Whenever a conveyance or bequest is made wherein the conveyor or testator shall hold possession of property, be it lands or tenements, in law or equity, as under the English Statute of Edward the First, styled the entail statute, and said property is to be perpetuated in the family, each one of said conveyances or bequests shall only invest the conveyors or testators with possession during their lifetime, who shall possess and hold the right and title to said premises, and no others, the same as a tenant for life is recognized by law; and at the death of said conveyor or testator said lands and tenements shall descend to the children of said conveyor or testator, to be equally divided among them as absolute tenants in common; and if there should be but one child, it shall descend absolutely to it; and if any child should die, the part which he or she should have received shall be given to his or her successor, and if there should be no such successor, then it shall descend to his or her legal heirs.
History:
Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 24; C.L. 1884, § 1423; C.L. 1897, § 2043; Code 1915, § 4763; C.S. 1929, § 117-107; 1941 Comp., § 75-112; 1953 Comp., § 70-1-15.
ANNOTATIONS
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.
— 28 Am. Jur. 2d Estates §§ 44 to 55.
Fee simple conditional as creating estate tail after enacting of statute de donis, 114 A.L.R. 606.
31 C.J.S. Estates § 23.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-17.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 66, § 71 repealed 47-1-17.1 NMSA 1978, as enacted by Laws 1983, ch. 246, § 1, relating to modification of the 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
45-2-901 to 45-2-906 NMSA 1978.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-20 - [Remainder to unborn child.]

When any possession has been or shall be conveyed limiting the remainder of the possession to the son or daughter of any person, born after the death of its parent, possession shall be taken the same as if he or she was born during the life of the parent, although no possession should have been conveyed to sustain the remainder of a contingent possession after his death, and after this an absolute possession or bequest may be made, commencing in the future, in writing in the same manner as by will.
History:
Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 28; C.L. 1884, § 1427; C.L. 1897, § 2047; Code 1915, § 4767; C.S. 1929, § 117-111; 1941 Comp., § 75-115; 1953 Comp., § 70-1-18.
ANNOTATIONS
Law reviews.
— For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
For note, "Contingent Remainders; Rule of Destructibility Abolished in New Mexico," see 10 N.M.L. Rev. 471 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Deeds §§ 30, 289, 290, 214; 28 Am. Jur. 2d Estates § 132; 51 Am. Jur. 2d Life Tenants and Remaindermen §§ 5 to 13.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-21 - [Future possession dependent on death without heirs; effect of birth of posthumous child.]

A future possession depending upon the contingency of the death of a person without heirs shall be revoked by the birth of a posthumous son or daughter of said person capable of succeeding him.
History:
Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 29; C.L. 1884, § 1428; C.L. 1897, § 2048; Code 1915, § 4768; C.S. 1929, § 117-112; 1941 Comp., § 75-116; 1953 Comp., § 70-1-19.
ANNOTATIONS
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.
— 28 Am. Jur. 2d Estates §§ 200, 280, 310.
Afterborn children, conveyance by life tenant and remaindermen in esse as cutting off interest of, under devise for life with remainder to a class, 25 A.L.R. 770.
Right of child en ventre sa mere to take under a conveyance or devise of present interest to parent and children, 50 A.L.R. 619.
Who are within gift or grant to "offspring," 23 A.L.R.2d 842.
Rights as between estate of life tenant and remaindermen in respect of proceeds of sale or disposition made in exercise of power given life tenant, 47 A.L.R.3d 1078.
31 C.J.S. Estates § 92.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-22 - [Grants of rents, returns or remainders.]

Grants of rents, returns or remainders of possession shall be valid without the previous ceremonies of the tenants, but no tenant having paid any rent to the grantor before receiving notice of the transfer shall be injured thereby.
History:
Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 30; C.L. 1884, § 1429; C.L. 1897, § 2049; Code 1915, § 4769; C.S. 1929, § 117-113; 1941 Comp., § 75-117; 1953 Comp., § 70-1-20.
ANNOTATIONS
Tenant protected by notice requirement.
— After notice to the tenant that premises have been conveyed by the lessor, the tenant must pay accruing rents to the grantee. Until the tenant has notice of the conveyance, he is protected in paying rent to his original landlord.
Fletcher v. Bryan
, 1966-NMSC-078, 76 N.M. 221, 413 P.2d 885.
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.
— Life tenant's liability for waste as affected by assignment or transfer of his interest, 71 A.L.R. 1187.
Reservation by deed of right to proceeds, or part of proceeds, of a future sale or condemnation of the property or part thereof, validity and effect of, where reversion exists, 123 A.L.R. 1475.
Nature of estates or interests created by grant to one and heirs if donee should have any heirs, 16 A.L.R.2d 670.
Rights as between life tenants and remaindermen to the increase in the value of the estate, 76 A.L.R.2d 162.
Divorce property distribution: treatment and method of valuation of future interest in real estate or trust property not realized during marriage, 62 A.L.R.4th 107.
26 C.J.S. Deeds §§ 1, 117, 136; 31 C.J.S. Estates § 92.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-23 - [Transfer of reversion authorized.]

That the possibility or right of reversion for breach or violation of condition or conditions subsequent contained in any deed or other instrument conveying real estate in the state of New Mexico, is hereby made assignable, and the grantor in any such instrument heretofore or hereafter made affecting real estate in the state of New Mexico, is given the right to assign and transfer such future contigent [contingent] right of reentry, forfeiture and reversion for violation or breach of such condition or conditions subsequent.
History:
Laws 1937, ch. 4, § 1; 1941 Comp., § 75-118; 1953 Comp., § 70-1-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Possibility of reverter comes within
section and is an alienable contingent reversionary interest.
Prince v. Charles Ilfeld Co.
, 1963-NMSC-135, 72 N.M. 351, 383 P.2d 827.
For purpose of triggering a reversionary clause in a deed for immoral purpose,
an owner of a mobile home park was not "using" property for an immoral purpose when renting to cohabiting couples, or to tenants engaged in drug trafficking in the absence of a showing of knowledge of the drug trafficking.
Maloof v. Pierskorn
, 2004-NMCA-126, 136 N.M. 516, 101 P.3d 327, cert. denied, 2004-NMCERT-011, 136 N.M. 656, 103 P.3d 580.
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.
— 28 Am. Jur. 2d Estates § 315.
Reversion of title upon abandonment or vacation of public street or highway, 18 A.L.R. 1008, 70 A.L.R. 564.
Reverter, release of possibility of, as vesting fee in grantee, 38 A.L.R. 1111.
Grant to one for life, and afterwards, either absolutely or contingently, to grantor's heirs or next of kin, as leaving reversion or creating remainder, 16 A.L.R.2d 691.
Validity and effect of transfer of possibility of reverter or right of re-entry, following conveyance of determinable fee or fee subject to condition subsequent, 53 A.L.R.2d 224.
Divorce property distribution: treatment and method of valuation of future interest in real estate or trust property not realized during marriage, 62 A.L.R.4th 107.
31 C.J.S. Estates § 106.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-24 - [Rights of transferee of reversion.]

The assignee of or any successor to the right of reentry, forfeiture and reversion for breach or violation of condition or conditions subsequent, is hereby given upon such assignment, all of the rights and privileges of the original grantor for the enforcement of reentry, forfeiture and reversion when any such condition or conditions subsequent shall have been breached or broken, including all legal and equitable remedies for the judicial enforcement of such right or rights.
History:
Laws 1937, ch. 4, § 2; 1941 Comp., § 75-119; 1953 Comp., § 70-1-22.
ANNOTATIONS
Possibility of reverter comes within
section and is an alienable contingent reversionary interest.
Prince v. Charles Ilfeld Co.
, 1963-NMSC-135, 72 N.M. 351, 383 P.2d 827.
Law reviews.
— For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-25 - Repealed.

History:
Laws 1863-1864, p. 54; C.L. 1865, ch. 101, § 8; C.L. 1884, § 1493; C.L. 1897, § 2143; Code 1915, § 4771; C.S. 1929, § 117-115; 1941 Comp., § 75-120; 1953 Comp., § 70-1-23; 1978 Comp., § 47-1-25, repealed by Laws 2007, ch. 266, § 1.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 266, § 2 repealed 47-1-25 NMSA 1978, as enacted by Laws 1863-1864, p. 54, relating to rights of persons in possession of property under Spanish and Mexican grants, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-26 - [Tax assessment or payment in name of nonowner is not cloud on title.]

That the entry of payment of taxes by any person, partnership, corporation or corporations upon tax rolls of any county opposite the assessment of any real estate on the said tax rolls or the entry upon the said tax rolls or any other official tax records in the office of the county assessor or treasurer that taxes upon real estate and improvements thereon have been paid by any person or persons, partnerships, corporations or associations, shall not in themselves without other record evidence of title be or constitute a cloud upon any real estate or improvements thereon, and no title to real estate or improvements thereon shall be unmarketable solely because of the assessment in the name of or payment of taxes by any person or persons, partnership, corporation or association not having right, title or interest in or to such real estate or improvements as shown by the records of the county clerk in the county wherein such property is situate.
History:
Laws 1937, ch. 140, § 1; 1941 Comp., § 75-122; 1953 Comp., § 70-1-25.
ANNOTATIONS
Cross references.
— For quieting title,
see
42-6-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 74 C.J.S. Quieting Title § 14.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-27 - ["Statutory forms" of conveyance and mortgage of real property.]

The forms set forth in the appendix to this act [47-1-44 NMSA 1978] may be used and shall be sufficient for their respective purposes. They shall be known as "statutory forms" and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms shall not prevent the use of other forms.
History:
1941 Comp., § 75-126, enacted by Laws 1947, ch. 203, § 1; 1953 Comp., § 70-1-26.
ANNOTATIONS
Statutory form does not preclude others.
— The legislature has approved the use of a concise statutory mortgage form in Section 47-1-44 NMSA 1978; however, this form does not preclude the use of others.
C & L Lumber & Supply, Inc. v. Texas Am. Bank/Galeria
, 1990-NMSC-056, 110 N.M. 291, 795 P.2d 502.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-28 - [Applicability from effective date of act.]

For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate whether said statutory form or other form is used, the rules and definitions contained in this act [47-1-27 to 47-1-44 NMSA 1978] shall apply to all such instruments executed or delivered on or after the effective date of this act.
History:
1941 Comp., § 75-127, enacted by Laws 1947, ch. 203, § 2; 1953 Comp., § 70-1-27.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of this act", means June 13, 1947, the effective date of Laws 1947, ch. 203.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-29 - ["Warranty deed" effective in fee simple.]

A deed in substance following the form entitled "warranty deed" in the appendix to this act [47-1-44 NMSA 1978] shall, when duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor for himself, his heirs, executors, administrators and successors, with the grantee, his heirs, successors and assigns, as specified in the definition of "warranty covenants" in Section 10 [47-1-37 NMSA 1978] of this act.
History:
1941 Comp., § 75-128, enacted by Laws 1947, ch. 203, § 3; 1953 Comp., § 70-1-28.
ANNOTATIONS
Deed restrictions.
— Where the defendant purchased a vacation cabin burdened with deed restrictions, which provided that the property shall be used for dwelling purposes only and that no part of the property shall be used for business or commercial purposes; the defendant rented the cabin for more days than the defendant used the cabin; the defendant received substantial rental fees; and the defendant contracted with a property management company to advertise and manage the rental of the cabin, the rental of the cabin for dwelling purposes was a permitted use under the deed restrictions and was not a use for business or commercial purposes.
Mason Family Trust v. DeVaney
, 2009-NMCA-048, 146 N.M. 199, 207 P.3d 1176.
Law reviews.
— For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 C.J.S. Deeds §§ 1, 22.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-30 - ["Quitclaim deed" effective in fee simple without warranty.]

A deed in substance following the form entitled "quitclaim deed" shall, when duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use of any interest the grantor owns in the premises, without warranty.
History:
1941 Comp., § 75-129, enacted by Laws 1947, ch. 203, § 4; 1953 Comp., § 70-1-29.
ANNOTATIONS
Quitclaim deed conveys all grantor's interest.
— In a quiet-title action, appellant's contention that a quitclaim deed executed to appellee by her, her husband and cograntees conveyed only her interest as a spouse in community property, that her individual interest as cotenant in common with her husband and the other cograntees was not conveyed, was found to be erroneous. Appellant conveyed all of her interest in the property by the deed and not two separate and distinct estates in the mining property, to-wit, a community property interest and a separate and distinct interest given to married women by the statute.
Waddell v. Bow Corp.
, 408 F.2d 772 (10th Cir. 1969).
Recorded deed is notice that all interest conveyed.
— A quitclaim deed of record, where there is nothing in the record to suggest that the deed is not absolute, nor is there anything which would give one notice that less than full consideration has been paid, is notice that the grantor conveys whatever interest he has in the property. A reasonably prudent person is justified in relying on the quitclaim deed.
Bingaman v. Cook
, 1968-NMSC-187, 79 N.M. 627, 447 P.2d 507.
Law reviews.
— For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Deeds §§ 259 to 264, 272, 273, 338 to 340.
26 C.J.S. Deeds §§ 8, 22.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-31 - ["Special warranty deed"; effect.]

A deed in substance following the form entitled "special warranty deed" shall, when duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his heirs, executors, administrators, and successors, with the grantee, his heirs, successors and assigns as specified in the definition of "special warranty covenants" in Section 11 [47-1-38 NMSA 1978] of this act.
History:
1941 Comp., § 75-130, enacted by Laws 1947, ch. 203, § 5; 1953 Comp., § 70-1-30.
ANNOTATIONS
Law reviews.
— For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-32 - ["Grant" effective as a word of conveyance.]

In a conveyance of real estate the word "grant" shall be a sufficient word of conveyance without the use of the words "give, bargain, sell and convey" and no covenant shall be implied from the use of the word, "grant."
History:
1941 Comp., § 75-131, enacted by Laws 1947, ch. 203, § 6; 1953 Comp., § 70-1-31.
ANNOTATIONS
Cross references.
— For the use of the words "bargained and sold,"
see
47-1-14 NMSA 1978.
Law reviews.
— For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-33 - [Unnecessary terms; construction of deeds or reservations.]

In a conveyance or reservation of real estate the terms, "heirs," "assigns" or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention clearly appears in the deed.
History:
1941 Comp., § 75-132, enacted by Laws 1947, ch. 203, § 7; 1953 Comp., § 70-1-32.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Deeds §§ 221 to 320.
Reservation of minerals as including minerals recoverable only by open pit mining, 1 A.L.R.2d 787.
Oil or gas "royalty" within language of exception or reservation, 4 A.L.R.2d 492.
Sufficiency of description in exception or reservation as to standing timber, 35 A.L.R.2d 1422.
Written matter as controlling printed matter in construction of deed, 37 A.L.R.2d 820.
Oil and gas as "minerals" within reservation or exception in deed, 37 A.L.R.2d 1440.
Relative rights, under deed given to municipality, to minerals, oil, and gas underlying streets, alleys, or parks, 62 A.L.R.2d 1311.
Reservation or exception as creating separate and independent legal estate in solid minerals or as passing only incorporeal privilege or license, 66 A.L.R.2d 978.
Reservation or exception in deed in favor of stranger, 88 A.L.R.2d 1199.
Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor's spouse, 52 A.L.R.3d 753.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-35 - [Conveyance or mortgage to joint tenants.]

In a conveyance or mortgage of real estate, the designation of two or more grantees "as joint tenants" shall be construed to mean that the conveyance is to the grantees as joint tenants, and not as tenants in common, and to the survivor of them and the heirs and assigns of the survivor.
History:
1941 Comp., § 75-134, enacted by Laws 1947, ch. 203, § 9; 1953 Comp., § 70-1-34.
ANNOTATIONS
Cross references.
— For creation of a tenancy in common,
see
47-1-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-38 - [Effect of special warranty covenants in conveyances.]

In a conveyance of real estate the words "special warranty covenants" shall have the full force, meaning and effect of the following words: "the grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns that the granted premises are free from all enucumbrances [encumbrances] made by the grantor, and that he will, and his heirs, executors, administrators and successors shall warrant and defend the same to the grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other."
History:
1941 Comp., § 75-136, enacted by Laws 1947, ch. 203, § 11; 1953 Comp., § 70-1-36.
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 47-1-39 - [Mortgage or deed of trust provisions; effect.]

A deed in substance following the forms entitled "mortgage" or "deed of trust" shall when duly executed have the force and effect of a mortgage or deed of trust by way of mortgage to the use of the mortgagee and his heirs and assigns with mortgage covenants and upon statutory mortgage condition as defined in the following two sections to secure the payment of the money or the performance of any obligation therein specified. The parties may insert in such mortgage any other lawful agreement or condition.
History:
1941 Comp., § 75-137, enacted by Laws 1947, ch. 203, § 12; 1953 Comp., § 70-1-37.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 54A Am. Jur. 2d Mortgages § 146 et seq.
Priority as between vendor's lien and mortgage or deed of trust to third person furnishing purchase money, 55 A.L.R.2d 1119.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-42 - [Sheriff designated as successor trustee.]

It shall be unnecessary to recite in any deed of trust given by way of mortgage that in the case of the resignation, refusal, failure or inability of the trustee named therein at any time to act, the then acting sheriff of the county in which said real estate is situate shall be successor trustee with like powers to those of the named trustee; but the same shall be implied in any such deed of trust unless a contrary intention appears therefrom.
History:
1941 Comp., § 75-140, enacted by Laws 1947, ch. 203, § 15; 1953 Comp., § 70-1-40.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-43 - [Verb "assign" sufficient to transfer interest.]

In an assignment of a mortgage or deed of trust by way of mortgage of real estate the word "assign" shall be a sufficient word to transfer the mortgage or the beneficial interest under deed of trust, without the words, "transfer and set over."
History:
1941 Comp., § 75-141, enacted by Laws 1947, ch. 203, § 16; 1953 Comp., § 70-1-41.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 23 Am. Jur. 2d Deeds § 295.
59 C.J.S. Mortgages § 355.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-47 - [Recovery of realty donated to state or municipality for specific purposes.]

Whenever real estate has been deeded to the state of New Mexico or any municipality thereof as a gift or donation, and without payment by the state or municipality of any money consideration, said real estate to be used for a specific purpose, and said real estate has not been used for the specific purpose for which it was conveyed, for a period of five years from the date of the original deed, or for a period of five years next preceding the time of the filing of the action herein provided for, it shall be lawful for the donor or donors, or their successors in interest, to institute an action in state district court of the county in which said real estate is situate, against the state of New Mexico or said municipality, for the recovery of said real estate by said donors or their successors in interest, or for the cancellation of said deed or deeds whereby the state or municipality took title, and if the court shall determine that said real estate has not been used for the specific purpose for which it was donated as hereinbefore provided, it shall render judgment decreeing ownership of said real estate in the donors or their successors in interest, or for cancellation of the deeds to said state or municipality.
History:
1941 Comp., § 75-124, enacted by Laws 1947, ch. 123, § 1; 1953 Comp., § 70-1-45.
ANNOTATIONS
Limited to conveyance to be used for specific state purpose.
— Section has reference to conveyances of property to be used for state or municipal purposes, the title to remain in the state or municipality.
Lord v. City of Santa Fe
, 1950-NMSC-035, 54 N.M. 244, 220 P.2d 709.
Section not applicable to dedication offers.
— This section does not apply to a situation where a plat or map has been filed in the office of the county clerk by the owner of real property which has been subdivided, in which he offers to dedicate the streets shown on the map to the use of the public which offer is subject to acceptance before the dedication is complete.
City of Carlsbad v. Neal
, 1952-NMSC-063, 56 N.M. 465, 245 P.2d 384.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-48 - [Rules applicable; service of process.]

Such an action as provided for in Section 1 [47-1-47 NMSA 1978] hereof shall be governed by the rules of pleading, practice and procedure applying to civil actions. Service of process therein shall be made upon the attorney general of the state of New Mexico for the state of New Mexico, and upon the mayor of the municipality for the municipality, as the case may be.
History:
1941 Comp., § 75-125, enacted by Laws 1947, ch. 123, § 2; 1953 Comp., § 70-1-46.
ANNOTATIONS
Cross references.
— For service of process in the district courts,
see
Rule 1-004 NMRA and Civil Forms 4-206, 4-209, 4-209A, and 4-209B NMRA.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-49 - New Mexico coordinate system; zones.

The system of plane coordinates which has been established by the national ocean survey and national geodetic survey for defining and stating the positions or locations of points on the surface of the earth within the state of New Mexico shall be known and designated as the "New Mexico coordinate system". As used in Section 47-1-49 through 47-1-56 NMSA 1978, the term "New Mexico coordinate system" includes both the New Mexico coordinate system of 1927 and the New Mexico coordinate system of 1983.
For the purpose of the use of this system, the state is divided into an "east zone", "central zone" and a "west zone".
The area now included in the following counties shall constitute the east zone: Chaves, Colfax, Curry, DeBaca, Eddy, Guadalupe, Harding, Lea, Mora, Quay, Roosevelt, San Miguel and Union.
The area now included in the following counties shall constitute the central zone: Bernalillo, Dona Ana, Lincoln, Otero, Rio Arriba, Sandoval, Santa Fe, Los Alamos, Socorro, Taos, Torrance and Valencia.
The area now included in the following counties shall constitute the west zone: Catron, Cibola, Grant, Hidalgo, Luna, McKinley, San Juan and Sierra.
History:
1953 Comp., § 70-1-47, enacted by Laws 1957, ch. 147, § 1; 1989, ch. 104, § 1.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-50 - Zone designations.

As established for use in the east zone, the New Mexico coordinate system shall be named and in any land description in which it is used it shall be designated the "New Mexico coordinate system of 1927, east zone" or the "New Mexico coordinate system of 1983, east zone".
As established for use in the central zone, the New Mexico coordinate system shall be named and in any land description in which it is used it shall be designated the "New Mexico coordinate system of 1927, central zone" or the "New Mexico coordinate system of 1983, central zone".
As established for use in the west zone, the New Mexico coordinate system shall be named and in any land description in which it is used it shall be designated the "New Mexico coordinate system of 1927, west zone [zone"] or the "New Mexico coordinate system of 1983, west zone".
History:
1953 Comp., § 70-1-48, enacted by Laws 1957, ch. 147, § 2; 1989, ch. 104, § 2.
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 47-1-51 - Plane coordinates, x and y; definition.

The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of the point in the appropriate zone of this system, shall consist of two distances, expressed in feet and decimals of a foot when using the New Mexico coordinate system of 1927 and expressed in meters and decimals of a meter when using the New Mexico coordinate system of 1983. One of these distances, to be known as the "x-coordinate", shall give the position in an east-and-west direction; the other, to be known as the "y-coordinate", shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to the coordinates, on the New Mexico coordinate system, of the horizontal control stations of the national ocean survey and national geodetic survey within the state, as those coordinates have been determined by the survey. The length of one foot expressed in meters is equal to 1200 divided by 3937 exactly.
History:
1953 Comp., § 70-1-49, enacted by Laws 1957, ch. 147, § 3; 1989, ch. 104, § 3.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-52 - Description of land located in more than one zone.

When any tract of land to be defined by a single description extends from one into another of the coordinate zones as provided in Section 47-1-49 NMSA 1978, the positions of all points on its boundaries may be referred to either of the zones; the zone which is used shall be specifically named in the description.
History:
1953 Comp., § 70-1-50, enacted by Laws 1957, ch. 147, § 4; 1989, ch. 104, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 C.J.S. Deeds § 29.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-53 - Definition of coordinate system according to U.S. coast and geodetic survey [national ocean survey and national geodetic survey].

A. For purposes of more precisely defining the New Mexico coordinate system, the following definition by the national ocean survey and national geodetic survey is adopted:
(1) the New Mexico coordinate system, east zone, is a transverse mercator projection having a central meridian 104 20' west of Greenwich, on which meridian the scale is set at one part in 11,000 too small. The origin of coordinates is at the intersection of the meridian 104 20' west of Greenwich and the parallel 31 00' north latitude;
(2) the New Mexico coordinate system, central zone, is a transverse mercator projection having a central meridian 106 15' west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 106 15' west of Greenwich and the parallel 31 00' north latitude;
(3) the New Mexico coordinate system, west zone, is a transverse mercator projection having a central meridian 107 50' west of Greenwich, on which meridian the scale is set at one part in 12,000 too small. The origin of coordinates is at the intersection of the meridian 107 50' west of Greenwich and the parallel 31 00' north latitude; and
(4) the origin for each zone is assigned the coordinates: x = 500,000 feet and y = 0 feet for the New Mexico coordinate system of 1927. The origin for the east zone is assigned to the coordinates: x = 165,000 meters and y = 0 meters, for the central zone x = 500,000 meters and y = 0 meters and for the west zone x = 830,000 meters and y = 0 meters for the New Mexico coordinate system of 1983.
B. The position of the New Mexico coordinate system shall be as marked on the ground by horizontal control stations established in conformity with standards adopted by the national ocean survey and national geodetic survey for first-order, second-order and third-order work, whose geodetic positions have been rigidly adjusted on the North American datum of 1927 or of 1983, and whose coordinates have been computed on the system defined in this section. Any such station may be used for establishing a survey connection with the New Mexico coordinate system.
History:
1953 Comp., § 70-1-51, enacted by Laws 1957, ch. 147, § 5; 1989, ch. 104, § 5.
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.
— Description in deed as relating to magnetic or true meridian, 70 A.L.R.3d 1220.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-54 - Recordation of land description based on coordinate system; limitation.

No coordinates based on the New Mexico coordinate system, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within eight kilometers of a monumented horizontal control station established by and for and for which coordinate data has been published by an agency of the state of New Mexico or a political subdivision of the state or established in conformity with the standards of accuracy and specifications for first-, second- or third- order geodetic surveying as prepared and published by the federal geodetic control committee of the United States department of commerce. Standards and specifications of the federal geodetic control committee or its successor in force on the date of the geodetic survey shall apply. The publication of the existing control stations, or the acceptance with intent to publish the newly established control stations by the national ocean survey and national geodetic survey, shall constitute evidence of adherence to the federal geodetic control committee's specifications. The limitations of this section may be further modified by the secretary of highway and transportation.
History:
1953 Comp., § 70-1-52, enacted by Laws 1957, ch. 147, § 6; 1970, ch. 36, § 1; 1977, ch. 247, § 180; 1989, ch. 104, § 6.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-55 - [Use on maps, reports of survey or other documents.]

The use of the term "New Mexico coordinate system" on any map, report of survey or other document, shall be limited to coordinates based on the New Mexico coordinate system as defined.
History:
1953 Comp., § 70-1-53, enacted by Laws 1957, ch. 147, § 7.
ANNOTATIONS
Cross references.
— For void indemnity agreements,
see
56-7-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Conveyance of lot with reference to map or plat as giving purchaser rights in indicated streets, alleys or areas not abutting his lot, 7 A.L.R.2d 607.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1 - Conveyances and General Provisions › Section 47-1-56 - Use of coordinate system.

For the purpose of describing the location of any survey station or land boundary corner in the state of New Mexico, it shall be considered a complete, legal and satisfactory description of such location to give the position of said survey state or land boundary corner on the system of coordinates defined in Sections 47-1-49 through 47-1-56 NMSA 1978.
Nothing contained in those sections shall require a purchaser or mortgagee of real property to rely wholly on a land description, any part of which depends exclusively upon the New Mexico coordinate system.
Where conflicts arise in the location of a corner or other boundary element when such corner or element's location is described in both the conventional system and the New Mexico coordinate system, the description providing the most certain location shall be used.
History:
1978 Comp., § 47-1-56, enacted by Laws 1989, ch. 104, § 7.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 104, § 7 repealed former 47-1-56 NMSA 1978, as enacted by Laws 1957, ch. 147, § 8, relating to construction of description by coordinates as supplemental, and enacted a new section, effective June 16, 1989.
Severability.
— Laws 1989, ch. 104, § 8 provided for the severability of the act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Description of land conveyed by reference to river or stream as carrying to thread or center or only to bank thereof - modern status, 78 A.L.R.3d 604.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1A - Uniform Vendor and Purchaser Risk Act › Section 47-1A-1 - Short title.

This act [47-1A-1 to 47-1A-2 NMSA 1978] may be cited as the "Uniform Vendor and Purchaser Risk Act".
History:
Laws 1997, ch. 36, § 1.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 36, § 3 made the Uniform Vendor and Purchaser Risk Act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 1A - Uniform Vendor and Purchaser Risk Act › Section 47-1A-2 - Risk of loss.

A contract made after the effective date of the Uniform Vendor and Purchaser Risk Act for the purchase and sale of real estate shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:
A. if, when neither the legal title nor the possession of the subject matter of the contract have been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that has been paid; or
B. if, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is he entitled to recover any portion thereof that has been paid.
History:
Laws 1997, ch. 36, § 2.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 36, § 3 made the Uniform Vendor and Purchaser Risk Act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 2 - Real Estate Trusts › Section 47-2-1 - Short title.

Sections 1 through 6 [47-2-1 to 47-2-6 NMSA 1978] of this act may be cited as the "Real Estate Trust Act".
History:
1953 Comp., § 70-6-1, enacted by Laws 1973, ch. 390, § 1.
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.
— Adverse possession by third party or stranger of property held in trust, 2 A.L.R. 41.
Creation of express trust in property to be acquired in future, 3 A.L.R.3d 1416.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 2 - Real Estate Trusts › Section 47-2-2 - Definitions.

As used in the Real Estate Trust Act:
A. "real estate trust" means an unincorporated business trust organized and operated in conformity with the Real Estate Trust Act;
B. "declaration" means the written document establishing the real estate trust and all subsequent amendments to that document;
C. "trustees" means those natural persons designated as trustees in the declaration, and their successors in office;
D. "beneficial owners" means those persons who hold the beneficial interest in the real estate trust;
E. "real estate assets" means real property, real estate mortgages, real estate contracts, leasehold interests in real property and shares of beneficial interests in other real estate trusts, foreign or domestic, whether or not organized under the Real Estate Trust Act;
F. "real estate mortgages" includes all forms of liens on real property and all transfers of real property for security purposes, including deeds of trust;
G. "real estate contracts" means any contractual obligation for the sale and conveyance, or purchase and receipt of conveyance, of real property, subject to the terms and conditions of the contract; and
H. "trust estate" means the money, property and assets of a real estate trust.
History:
1953 Comp., § 70-6-2, enacted by Laws 1973, ch. 390, § 2.