reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-14 - Rental agreement; disclosure of terms in writing.

A. The terms and conditions of a tenancy shall be adequately disclosed in writing in a rental agreement by the management to any prospective resident prior to the rental or occupancy of a mobile home space or lot. The disclosures shall include:
(1) the term of the tenancy, the amount of the rent and the dollar amount of any rent increases for each of the preceding two years;
(2) the day the rental payment is due;
(3) the day when unpaid rent shall be considered in default;
(4) the rules and regulations of the park then in effect;
(5) the zoning applicable to the property upon which the park is located;
(6) the name and mailing address where a manager's decision may be appealed;
(7) the name and mailing address of the owner of the park;
(8) all charges to the tenant other than rent; and
(9) A statement explaining the resident's right to request alternative dispute resolution of any disputes with the mobile home park owner or management, except for disputes over nonpayment of rent or utility charges or in the case of public safety emergencies.
B. The rental agreement shall be signed by both the management and the resident, and each party shall receive a copy of it.
C. The management and the resident may include in a rental agreement terms and conditions not prohibited under the provisions of the Mobile Home Park Act.
D. If an owner deliberately uses a rental agreement containing provisions known by him to be prohibited by law or by the provisions of Section 47-10-11, 47-10-12 or 47-10-13 NMSA 1978, the resident may recover damages sustained by him resulting from application of the illegal provision and reasonable attorney fees.
History:
Laws 1983, ch. 122, § 14; 1993, ch. 147, § 4; 1997, ch. 186, § 3.
ANNOTATIONS
Cross references.
— For Real Estate Disclosure Act,
see
47-13-1 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, in Subsection A, added the language beginning "and the dollar" in Paragraph (1), added Paragraph (5) and redesignated the remaining paragraphs accordingly, added Paragraph (9), and made stylistic changes throughout the subsection.
The 1993 amendment,
effective July 1, 1993, in Subsection A, added Paragraph (6), redesignated former Paragraph (6) as Paragraph (7), and made several stylistic changes; made a minor stylistic change in Subsection B; and substituted "Section 47-10-11, 47-10-12 or 47-10-13 NMSA 1978" for "Sections 11, 12, or 13 of the Mobile Home Park Act" in Subsection D.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-15 - Rules and regulations.

The management shall adopt rules and regulations concerning all residents' use and occupancy of the premises. The rules and regulations are enforceable against a resident only if:
A. they are submitted to tenants for their comment sixty days prior to the rules being implemented;
B. their purpose is to promote the convenience, safety or welfare of the residents, protect and preserve the premises from abusive use or make a fair distribution of services and facilities held out for the residents generally;
C. they are reasonably related to the purpose for which they are adopted;
D. they are not retaliatory or discriminatory in nature, except that all or any portion of the park may be designated for adult-only occupancy after a six-months' notice to the residents; and
E. they are sufficiently explicit in prohibition, direction or limitation of the resident's conduct to fairly inform him of what he shall or shall not do to comply.
History:
Laws 1983, ch. 122, § 15; 1997, ch. 186, § 4.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added Subsection A and redesignated the remaining subsections accordingly, and substituted "shall" for "must" in two places in Subsection E.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-15.1 - New or amended rules; notification; open meeting; pets; physical improvements.

A. The management shall notify mobile home park residents of proposed new rules or amendments to existing rules at least sixty days prior to the effective date of the new or amended rules. The management shall allow residents a thirty-day comment period on proposed rule changes. Comments from residents to management on proposed rule changes shall be in writing and signed by the author. Once all comments have been received, the management shall post all comments and the responses to the comments in a conspicuous place. The new rules or amended rules shall not take effect before sixty days after the notification date.
B. Existing pets that are in compliance with the mobile home park rules or regulations shall be exempt from any provision of new rules or regulations that would prohibit those pets provided those are not a nuisance violating the public peace, health or safety.
C. The mobile home park management shall not require existing residents to comply with changes in rules or regulations that require physical improvements to the existing resident's mobile home or lot unless the mobile home is in violation of a local municipal or county ordinance or the physical condition of the resident's mobile home or lot constitutes a public nuisance or threat to the public peace, health or safety.
History:
Laws 1997, ch. 186, § 5.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 186 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 1997, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-16 - New developments and parks; rental of sites to dealers authorized.

A. The management of a new mobile park or manufactured housing community development may require as a condition of leasing a mobile home site or manufactured home site for the first time such site is offered for lease that the prospective lessee has purchased a mobile home or manufactured home from a particular seller or from any one of a particular group of sellers.
B. A licensed mobile home dealer or a manufactured home dealer may, by contract with the management of a new mobile home park or manufactured housing community development, be granted the exclusive right to first-time rental of one or more mobile home sites or manufactured home sites.
History:
Laws 1983, ch. 122, § 16.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-17 - Alternative dispute resolution; when permitted; court actions.

A. In any civil dispute between the management and a resident of a mobile home park arising out of the provisions of the Mobile Home Park Act, except for nonpayment of rent or utility charges or in cases in which the health or safety of other residents is in imminent danger, the controversy may be submitted to alternative dispute resolution by request of either party prior to the filing of a court action or a forcible entry and detainer action. The cost of the alternative dispute resolution services shall be divided equally among the disputing parties.
B. The agreement, if one is reached, shall be presented to the court as a stipulation. Either party to the dispute resolution process may terminate the process at any time without prejudice.
C. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief.
D. Any alternative dispute resolution pursuant to this section shall be performed by a professionally certified mediator approved by all disputing parties.
History:
Laws 1983, ch. 122, § 17; 1997, ch. 186, § 6.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "Alternative Dispute Resolution" for "Mediation" in the section heading; in Subsection A, substituted "civil dispute" for "controversy", inserted "or utility charges", substituted "alternative dispute resolution by request of" for "mediation by", inserted "a court action or", deleted "upon agreement of the parties" following "action", and added the second sentence; in Subsection B, substituted "dispute resolution process" for "mediation" and deleted "mediation" preceding "process"; and added Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Alternative dispute resolution: sanctions for failure to participate in good faith in, or comply with agreement made in, mediation, 43 A.L.R.5th 545.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-18 - Conflicts; applicability of law.

Unless a provision of the Mobile Home Park Act directly conflicts with the provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978], the provisions of the Uniform Owner-Resident Relations Act shall apply to mobile home park owners and residents.
History:
Laws 1989, ch. 253, § 4.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-19 - Rent increase; disclosure requirement.

A. A landlord shall fully and accurately disclose in writing to a resident an increase in rent. The disclosure shall be provided to a resident at least sixty days prior to implementation of an increase in rent.
B. Upon receiving a written request from a resident or prospective resident, a landlord shall fully and accurately disclose in writing a current schedule of the range of rental rates in the mobile home park. The landlord shall include the date of preparation on the face of the schedule of rental rates.
History:
1978 Comp., § 47-10-19, enacted by Laws 1993, ch. 147, § 5.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-20 - Cost of utility services; access to records.

A. Mobile home park owners shall be responsible for maintaining all park-owned exterior utility lines from the mobile home hookups to the main lines in the park, except lines that are damaged by a resident.
B. When a landlord purchases utility services for residents, the charge for utility services billed to residents shall not exceed the cost per unit amount paid by the landlord to the suppliers of the utility services.
C. A landlord shall provide a resident with reasonable access to records of meter readings, if any, taken at the resident's mobile home space.
History:
1978 Comp., § 47-10-20, enacted by Laws 1993, ch. 147, § 6; 1997, ch. 186, § 7.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added Subsection A and redesignated the remaining subsections accordingly.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-21 - Provision of utility services; administrative fee; disclosure requirement.

A. A landlord may charge residents a reasonable fee to offset the cost of administration incurred by a landlord when he provides utility services to residents.
B. The amount of the administrative fee for utility services shall be fully and accurately disclosed in writing in a rental agreement, pursuant to the provisions of Paragraph (6) [the introductory language] of Subsection A of Section 47-10-14 NMSA 1978.
C. A landlord shall fully and accurately disclose in writing to a resident any increase in the administrative fee. The disclosure shall be provided to a resident at least sixty days prior to implementation of an increase in the administrative fee.
History:
1978 Comp., § 47-10-21, enacted by Laws 1993, ch. 147, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The reference to Paragraph (6) of Subsection A of 47-10-14 NMSA 1978 seems incorrect, as that paragraph deals with disclosures concerning the owner. The correct reference is probably to the introductory language of Subsection A of 47-10-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-22 - Itemized bill; utility services; administrative fees.

When a landlord purchases utility services for residents, he shall provide residents with a monthly itemized bill that includes:
A. a separate listing of charges for each utility service;
B. the amount consumed and the cost per unit for each utility service; provided, that when individual cost per unit figures for utility services are not available, the landlord shall provide residents with the total cost of utility services and the formula used to determine the individual charges for utility services; and
C. if applicable, the amount of the administrative fee for providing utility services to residents.
History:
1978 Comp., § 47-10-22, enacted by Laws 1993, ch. 147, § 8.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 10 - Mobile Home Parks › Section 47-10-23 - Civil penalties.

A. For each violation by a landlord of the provisions of Sections 47-10-19 through 47-10-22 NMSA 1978 a landlord may be charged a civil penalty not to exceed five hundred dollars ($500).
B. The remedies provided in this section are not exclusive and do not limit the rights or remedies that are otherwise available to a resident under any other law.
History:
1978 Comp., § 47-10-23, enacted by Laws 1993, ch. 147, § 9.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-1 - Short title.

This act [47-11-1 to 47-11-13 NMSA 1978] may be cited as the "New Mexico Time Share Act".
History:
Laws 1986, ch. 97, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Property taxation of residential time-share or interval-ownership units, 80 A.L.R.4th 950.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-2 - Definitions.

As used in the New Mexico Time Share Act:
A. "commission" means the New Mexico real estate commission;
B. "developer" means any person creating or engaged in the business of selling ten or more of its own time shares and includes any person who controls, is controlled by or is in common control with the developer and who is engaged in creating or selling time shares for the developer;
C. "enrolled" means having a paid membership in an exchange program or a membership in an exchange program evidenced by written acceptance or confirmation of membership;
D. "exchange company" means any person operating an exchange program;
E. "exchange program" means any opportunity or procedure for the assignment or exchange of time shares among purchasers in the same or another time share project;
F. "managing agent" means a person who undertakes the duties, responsibilities and obligations of the management of a time share program;
G. "person" means one or more natural persons, corporations, partnerships, associations, trusts, other entities or any combination thereof;
H. "purchaser" means any person, other than a developer or lender, who owns or acquires an interest or proposes to acquire an interest in a time share;
I. "time share" means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with a freehold estate or an estate for years in a time share project or a specified portion thereof, including, but not limited to, a vacation license, prepaid hotel reservation, club membership, limited partnership interest or vacation bond;
J. "time share program" means any arrangement for time shares whereby real property has been made subject to a time share;
K. "time share project" means any real property that is subject to a time share program;
L. "time share salesperson" means a person, other than a person who has at least a fifteen percent interest in the developer, who sells or offers to sell on behalf of a developer a time share to a purchaser; and
M. "time share unit" or "unit" means a living space in a time share project that is divided into time shares and designated for separate occupancy or use.
History:
Laws 1986, ch. 97, § 3.
ANNOTATIONS
Cross references.
— For the New Mexico real estate commission,
see
61-29-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-2.1 - Registration required of time share projects; real estate salesperson license required.

A. It shall be unlawful for any person in this state to engage or attempt to engage in the business of a time share salesperson without first obtaining a real estate broker or salesperson license issued by the New Mexico real estate commission under the provisions of Section 61-29-1 NMSA 1978.
B. It shall be unlawful for a time share developer to sell or offer to sell time shares located in this state without first obtaining a certificate of registration for the time share project to be offered for sale issued by the New Mexico real estate commission under the provisions of the New Mexico Time Share Act.
History:
Laws 1986, ch. 97, § 2; 1978 Comp., § 61-29-1.1, recompiled as 1978 Comp., § 47-11-2.1.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-3 - Time shares deemed real estate; partition.

A. A time share is deemed to be an interest in real estate and shall be governed by the law of this state relating to real estate.
B. A purchaser of a time share may, in accordance with Section 14-9-1 NMSA 1978, record the instrument by which he acquired his interest and upon such recordation shall be entitled to the protection provided by Section 14-9-2 NMSA 1978 for the recordation of other real property instruments.
C. A document transferring or encumbering a time share shall not be rejected for recordation because of the nature or duration of that estate, provided all other requirements necessary to make an instrument recordable are complied with.
D. When a time share is owned by two or more persons as tenants in common or as joint tenants, either may seek a partition by sale of that interest but no purchaser of a time share may maintain an action for partition from the time share project of the unit in which such time share is held.
History:
Laws 1986, ch. 97, § 4.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-4 - Disclosure statement.

Each developer shall fully and conspicuously disclose to each purchaser in a disclosure statement at least the following information:
A. the total financial obligation of the purchaser, including the initial purchase price and any additional charges to which the purchaser may be subject;
B. any person who has or may have the right to alter, amend or add to charges to which the purchaser may be subject and the terms and conditions under which such charges may be imposed;
C. the nature and duration of each agreement between the developer and the person managing the time share program or its facilities;
D. the date of availability of each amenity and facility of the time share program which is not completed at the time of sale of a time share;
E. the specific term of the time share;
F. the purchaser's right to cancel within seven days of execution of the contract and how that right may be exercised under the New Mexico Time Share Act; and
G. a statement that under New Mexico law an instrument conveying a time share must be recorded in the office of the clerk of the county where the real property is located to protect that interest.
History:
Laws 1986, ch. 97, § 5.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-5 - Purchaser's right to cancel; escrow; violation.

A. A developer shall, before conveyance of a time share and not later than the execution of any contract of sale, provide a purchaser with a copy of a disclosure statement containing the information required by the New Mexico Time Share Act. The contract of sale is voidable by the purchaser within seven days after execution of the contract of sale. The contract shall conspicuously disclose the purchaser's right to cancel under this subsection and how that right may be exercised. An instrument transferring a time share shall not be recorded until seven days after the execution of the contract of sale.
B. A purchaser may elect to cancel within the time period set out in Subsection A of this section by hand-delivering or by mailing notice to the developer or to his agent for service of process. Cancellation under this section is without penalty and upon receipt of the notice all payments made prior to cancellation shall be refunded within thirty days.
C. Any payments received by a time share developer or real estate licensee in connection with the sale of a time share shall be handled in accordance with Subsections E, H and I of Section 61-29-12 NMSA 1978 and applicable rules and regulations of the commission. These payments shall be held in such manner until:
(1) delivered to the developer at closing;
(2) delivered to the developer because of the purchaser's default under a contract of sale; or
(3) refunded to purchaser.
D. The commission may waive the requirements of Subsection C of this section for a time share project if:
(1) the time share developer submits to the commission information sufficient to allow the commission to determine the total cost of completing the time share project; and
(2) the time share developer delivers to the commission a performance bond, with a surety acceptable to the commission, in an amount sufficient to complete the time share project. If the developer does not complete the project, the commission may use funds received from the bond to complete the project.
History:
Laws 1986, ch. 97, § 6.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-7 - Time share proxy.

No proxy, power of attorney or similar device given by the purchaser of a time share regarding the management of the time share program or its facilities shall exceed one year in duration, but the same may be renewed from year to year.
History:
Laws 1986, ch. 97, § 8.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-9 - Service of process on exchange company.

Any exchange company offering an exchange program to a purchaser shall be deemed to have made an irrevocable appointment of the commission to receive service of lawful process in any proceeding against the exchange company arising under the New Mexico Time Share Act.
History:
Laws 1986, ch. 97, § 10.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-10 - Securities laws apply.

The Securities Act of New Mexico shall apply to time shares deemed to be investment contracts or to other securities offered with or incident to a time share.
History:
Laws 1986, ch. 97, § 11.
ANNOTATIONS
Compiler's notes.
— The Securities Act of New Mexico, formerly 58-13-1 to 58-13-46 NMSA 1978, was repealed by Laws 1986, Chapter 7. Present comparable provisions are found in the New Mexico Securities Act of 1986, 58-13B-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What is "investment contract" within meaning of § 2(1) of Securities Act of 1933 (15 USCS § 77b(1)) and § 3(a)(10) of Securities Exchange Act of 1934 (15 USCS § 78c(a)(10)), both defining term "security" as including investment contract, 134 A.L.R. Fed. 289.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-11.1 - Register of applicants; roster of registrants; registered projects; financial report to secretary of state.

A. The executive secretary of the commission shall keep a register of all applicants for certificates of registration, showing for each the date of application, name, business address and whether the certificate was granted or refused.
B. The executive secretary of the commission shall also keep a current roster showing the name and address of all time share projects registered with the commission. The roster shall be kept on file in the office of the commission and be open to public inspection.
C. On or before the first day of September of each year, the commission shall file with the secretary of state a copy of the roster of time share projects registered with the commission and a report containing a complete statement of income received by the commission in connection with the registration of time share projects for the preceding fiscal year ending June 30 attested by the affidavit of the executive secretary of the commission.
History:
Laws 1986, ch. 97, § 13; 1978 Comp., § 61-29-5.1, recompiled as 1978 Comp., § 47-11-11.1.
ANNOTATIONS
Cross references.
— For duties of secretary of New Mexico real estate commission,
see
61-29-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-12 - Private enforcement.

The provisions of the New Mexico Time Share Act shall not be construed to limit in any manner the right of a purchaser or other person injured by a violation of the New Mexico Time Share Act to bring a private action.
History:
Laws 1986, ch. 97, § 15.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 11 - Time Shares › Section 47-11-13 - Release of liens.

A. Prior to the recordation of any instrument transferring a time share, the developer shall record or furnish to the purchaser a release of all liens affecting that time share or shall provide a surety bond or insurance against the lien from a company acceptable to the commission as provided for liens on real estate in this state, and such underlying lien document shall contain a provision wherein the lienholder subordinates its rights to that of a time share purchaser who fully complies with all of the provisions and terms of the contract of sale.
B. Unless a time share purchaser or a time share purchaser's predecessor in title has agreed otherwise with the lienholder, if a lien other than a mortgage or deed of trust becomes effective against more than one time share in a time share project, any time share purchaser is entitled to a release of his time share from a lien upon payment of the amount of the lien attributable to his time share. The amount of the payment shall be proportionate to the ratio that the time share purchaser's liability bears to the liabilities of all time share purchasers whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time share purchaser a release of the lien covering that time share. After payment, the managing agent may not assess or have a lien against that time share for any portion of the expenses incurred in connection with that lien.
History:
Laws 1986, ch. 97, § 16.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12 - Land Use Easements › Section 47-12-1 - Short title.

This act [47-12-1 to 47-12-6 NMSA 1978] may be cited as the "Land Use Easement Act".
History:
Laws 1991, ch. 15, § 1.
ANNOTATIONS
Compiler's notes.
— This act is substantially similar to the Uniform Conservation Easement Act.
Cross references.
— For the Cultural Properties Preservation Easement Act,
see
47-12A-1 NMSA 1978 et seq.
For land development fees and rights,
see
5-8-1 NMSA 1978 et seq.
Counties may acquire and hold conservation easements
assuming they do so consistent with other laws applicable to public purchases of real property and do not do so by eminent domain. 2001 Op. Att'y Gen. No. 01-02.
Law reviews.
— For article, "Rural Development Considerations for Growth Management," see 43 Nat. Res. J. 781 (2003).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12 - Land Use Easements › Section 47-12-2 - Definitions.

As used in the Land Use Easement Act:
A. "holder" means any nonprofit corporation, nonprofit association or nonprofit trust, the purposes or powers of which include retaining or protecting the natural or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources or maintaining production uses of real property;
B. "land use easement" means a holder's nonpossessory interest in real property imposing any limitation or affirmative obligation the purpose of which includes retaining or protecting natural or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use or protecting natural resources; and
C. "third-party enforcement right" means a right expressly provided by the parties to a land use easement empowering a specifically identified nonprofit corporation, nonprofit association or nonprofit trust that, although eligible to be a holder, is not a holder, to enforce any term of the easement. No party shall have any third-party enforcement right unless that right is expressly provided for in a land use easement.
History:
Laws 1991, ch. 15, § 2.
ANNOTATIONS
Law reviews. —
For article, "Rural Development Considerations for Growth management," see 43 Nat. Res. J. 781 (2003).
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12 - Land Use Easements › Section 47-12-4 - Actions.

A. An action affecting a land use easement may be brought by any of the following:
(1) an owner of an interest in the real property burdened by the land use easement;
(2) a holder of a land use easement; or
(3) a person having a third-party enforcement right.
B. This section does not affect the power of a court to modify or terminate a land use easement in accordance with any principle of law or equity.
History:
Laws 1991, ch. 15, § 4.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12 - Land Use Easements › Section 47-12-5 - Validity of land use easement.

A land use easement is valid even though the land use easement:
A. is not appurtenant to an interest in real property;
B. imposes a negative covenant that is a restriction on the use of the land that is subject to the terms of the easement;
C. imposes affirmative obligations upon the owner of any interest in the burdened property or upon the holder;
D. does not touch or concern real property; or
E. does not establish any privity of estate or of contract.
History:
Laws 1991, ch. 15, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 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.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12 - Land Use Easements › Section 47-12-6 - Effect on enforceable interests.

A. Nothing in the Land Use Easement Act invalidates any interest, whether designated as a land use easement, covenant, equitable servitude, restriction or easement that is enforceable under the laws of this state.
B. No interest benefiting or encumbering real property cognizable under the statutes or common law in effect in this state prior to the enactment of the Land Use Easement Act, nor any application or permit for a change of a point of diversion place or purpose of use of a water right at any time shall be impaired, invalidated or in any way adversely affected by reason of any provision of that act.
C. Nothing in the Land Use Easement Act shall be construed to diminish or impair the rights of any person authorized by the laws of this state to acquire rights-of-way, easements or other property rights through the exercise of eminent domain. Nothing in that act shall be construed to authorize a governmental body or any charitable corporation or trust to acquire a conservation or preservation restriction through the exercise of eminent domain.
D. Nothing in the Land Use Easement Act shall be deemed to constitute a denial of surface owner consent for the surface mining of coal under the Surface Mining Act [Chapter 69, Article 25A NMSA 1978] or the federal Surface Mining Control and Reclamation Act of 1977 or to restrict, condition or affect the alienability, commercial development or extraction of leasable or locatable minerals under federal laws.
History:
Laws 1991, ch. 15, § 6.
ANNOTATIONS
Cross references.
— For the federal Surface Mining Control and Reclamation Act of 1977,
see
30 U.S.C. § 1201 et seq.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12A - Cultural Properties Preservation Easements › Section 47-12A-1 - Short title.

This act [47-12A-1 to 47-12A-6 NMSA 1978] may be cited as the "Cultural Properties Preservation Easement Act".
History:
Laws 1995, ch. 137, § 1.
ANNOTATIONS
Cross references.
— For the Land Use Easement Act,
see
47-12-1 NMSA 1978 et seq.
For Historic Landscape Act,
see
18-13-1 NMSA 1978 et seq.
Effective dates.
— Laws 1995, ch. 137 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12A - Cultural Properties Preservation Easements › Section 47-12A-2 - Definitions.

As used in the Cultural Properties Preservation Easement Act:
A. "cultural property" means a structure, place, site or object having historical, archaeological, scientific, architectural or other cultural significance deemed potentially eligible for inclusion in the national register of historic places;
B. "holder" means any nonprofit corporation, nonprofit association or nonprofit trust, the purposes or powers of which include retaining or protecting structures or sites significant for their history, architecture, archaeology, paleontology or other prehistorical or other values;
C. "cultural properties preservation easement" means a holder's nonpossessory interest in real property imposing any limitation or affirmative obligation, the purpose of which includes preserving the historical, architectural, archaeological or cultural significance of real property; and
D. "third-party enforcement right" means a right empowering a nonprofit corporation, nonprofit association or nonprofit trust to enforce any term of the easement.
History:
Laws 1995, ch. 137, § 2.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 137 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12A - Cultural Properties Preservation Easements › Section 47-12A-3 - Cultural properties preservation easement created; dispositions.

A. Except as otherwise provided in the Cultural Properties Preservation Easement Act, a cultural properties preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any other easement.
B. A cultural properties preservation easement is not effective and creates no rights or obligations until it is recorded in the office of the county clerk of the county or counties in which any part of the real property subject to the cultural properties preservation easement is located.
C. No right or duty in favor of or against a holder and no right in favor of a person having a third-party enforcement right arises under a cultural properties preservation easement prior to its acceptance by that holder and recordation of that acceptance in the office of the county clerk of the county where the real property subject to a cultural properties preservation easement is located, in whole or in part.
D. Except as provided in Subsection B of Section 4 [47-12A-4 NMSA 1978] of the Cultural Properties Preservation Easement Act, the term of a cultural properties preservation easement shall be the term stated in the easement.
History:
Laws 1995, ch. 137, § 3.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 137 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12A - Cultural Properties Preservation Easements › Section 47-12A-4 - Actions.

An action affecting a cultural properties preservation easement may be brought by any of the following:
A. an owner of an interest in the real property subject to the cultural properties preservation easement;
B. a holder of a cultural properties preservation easement; or
C. a person having a third-party enforcement right.
History:
Laws 1995, ch. 137, § 4.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 137 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12A - Cultural Properties Preservation Easements › Section 47-12A-5 - Validity of easement.

A cultural properties preservation easement is valid even though the cultural properties preservation easement:
A. is not appurtenant to an interest in real properties;
B. imposes a negative covenant that is a restriction on the use of the land that is subject to the terms of the easement;
C. imposes affirmative obligations upon the owner of any interest in the property subject to the easement or upon the holder;
D. does not touch or concern real property; or
E. does not establish any privity of estate or of contract.
History:
Laws 1995, ch. 137, § 5.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 137 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 12A - Cultural Properties Preservation Easements › Section 47-12A-6 - Enforceable interests.

A. Nothing in the Cultural Properties Preservation Easement Act invalidates any interest, whether designated as a cultural properties preservation easement, covenant, equitable servitude, restriction or easement that is enforceable under the laws of this state.
B. No interest benefiting or encumbering real property cognizable under the statutes or common law in effect in this state prior to the enactment of the Cultural Properties Preservation Easement Act, nor any application or permit for a change of a point of diversion place or purpose of use of a water right at any time shall be impaired, invalidated or in any way adversely affected by reason of any provision of that act.
C. Nothing in the Cultural Properties Preservation Easement Act shall be construed to diminish or impair the rights of any person authorized by the laws of this state to acquire rights of way, easements of other property rights through the exercise of eminent domain. Nothing in that act shall be construed to authorize any charitable corporation, association or trust to acquire a preservation restriction through the exercise of eminent domain.
History:
Laws 1995, ch. 137, § 6.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 137 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 13 - Real Estate Disclosure › Section 47-13-1 - Short title.

Chapter 47, Article 13 NMSA 1978 may be cited as the "Real Estate Disclosure Act".
History:
Laws 1991, ch. 74, § 1; 2009, ch. 165, § 1.
ANNOTATIONS
Cross references.
— For advertising standards relating to subdivided land,
see
47-5-5 NMSA 1978.
For liability for disclosure statement requirements,
see
47-7D-2 NMSA 1978.
For requirement of disclosure by owner to resident,
see
47-8-19 NMSA 1978.
For prohibition against certain types of landlord-seller agreements,
see
47-10-13 NMSA 1978.
For requirement of written disclosure of rental agreement terms,
see
47-10-14 NMSA 1978.
The 2009 amendment,
effective July 1, 2009, changed the reference of the act to the chapter and article of NMSA 1978.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 13 - Real Estate Disclosure › Section 47-13-1.1 - Definitions.

As used in the Real Estate Disclosure Act:
A. "estimated amount of property tax levy" means the product of one-third of the listed price of the residential real property being sold or otherwise transferred in the transaction multiplied by the current property tax rates applicable to the property if those tax rates have been imposed in accordance with Section 7-38-34 NMSA 1978 for the current year for the county in which the property is located or, in all other cases, by the tax rates for the prior year;
B. "listed price" means the current price at which the residential property is being marketed;
C. "seller's broker" means a real estate broker acting on behalf of a residential property seller; and
D. "buyer's broker" means a real estate broker acting on behalf of a prospective residential property purchaser.
History:
1978 Comp., § 47-13-1.1, enacted by Laws 2009, ch. 165, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 165, § 4 made Laws 2009, ch. 165, § 2 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 13 - Real Estate Disclosure › Section 47-13-2 - Disclosure of information not required in real estate transactions.

A seller, lessor or landlord of real property, including a participant in an exchange of real property and any agent involved in such a transaction, shall not be liable for failure to disclose and shall not have a duty to disclose to any person who acquires, by voluntary or involuntary transfer, a legal or equitable interest in the real property, including any leasehold interest or security interest for an obligation, the fact or suspicion that the real property is or has been:
A. the site of a natural death;
B. the site of a homicide, suicide, assault, sexual assault or any other crime punishable as a felony; or
C. owned or occupied by a person who was exposed to, infected with or suspected to be infected with the human immunodeficiency virus or diagnosed to be suffering from acquired immune deficiency syndrome or any other disease that has been determined by medical evidence as highly unlikely to be transmittable to others through the occupancy of improvements to real property or that is not known to be transmitted through the occupancy of improvements located on that real property.
History:
Laws 1991, ch. 74, § 2.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 13 - Real Estate Disclosure › Section 47-13-3 - Cause of action, termination or rescission.

A. No cause of action shall arise against a seller, lessor or landlord of real property, including a participant in an exchange of real property and any agents involved in such a transaction for failure to disclose to any person who, by voluntary or involuntary transfer, acquires a legal or equitable interest in the real property, including any leasehold interest or security interest for an obligation, in any action at law or in equity because of the failure to disclose that the real property was or is suspected to have been the site of the incidents described in Section 2 [47-13-2 NMSA 1978] of the Real Estate Disclosure Act or was owned, occupied or suspected of being occupied by persons exposed to, infected with or diagnosed to be suffering from the diseases described in Section 2 of that act.
B. The failure to make a disclosure of any of the facts or suspicions as set forth in Section 2 of the Real Estate Disclosure Act shall not be deemed to be grounds for termination or rescission of any sale, lease, exchange or any transaction in which an interest in the real property has been or will be conveyed to another.
History:
Laws 1991, ch. 74, § 3.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 13 - Real Estate Disclosure › Section 47-13-5 - Disclosure of certain distributed energy generation systems.

The requirements of the Distributed Generation Disclosure Act [57-31-1 to 57-31-5 NMSA 1978] shall not apply to a transaction involving the sale or transfer of the real property on which the distributed energy generation system is located.
History:
Laws 2017, ch. 102, § 6.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 102 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-1 - Short title.

Chapter 47, Article 14 NMSA 1978 may be cited as the "Appraisal Management Company Registration Act".
History:
Laws 2009, ch. 214, § 1; 2010, ch. 13, § 1.
ANNOTATIONS
The 2010 amendment,
effective July 1, 2010, at the beginning of the sentence, changed "Sections 1 through 23 of this act" to "Chapter 47, Article 14 NMSA 1978".
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-3.1 - Bonding requirements.

A. In order to qualify for registration or renewal of registration, an appraisal management company shall maintain a bond underwritten by a corporate surety authorized to transact business in New Mexico, or other equivalent means of security. The board shall set by rule the amount and conditions of the surety bond or other equivalent means of security required by this section, provided that the amount of the bond or security required shall not exceed twenty-five thousand dollars ($25,000).
B. The bond or other equivalent means of surety shall secure payment for any administrative or judicial penalties that may be imposed by the board or the state and for any penalties or costs required by a board disciplinary action, and also as indemnity for any loss sustained by any person damaged as a result of a violation by the appraisal management company, of any provision of the Appraisal Management Company Registration Act or of any rule of the board adopted pursuant to that act. Consumer claims shall be given priority in recovering from the bond or equivalent surety.
C. An appraisal management company shall notify the board in writing of any claim made on the appraisal management company's bond or equivalent surety.
D. A deposit of cash or security may be accepted in lieu of the surety bond.
History:
Laws 2010, ch. 13, § 7.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 13, § 8 made the provisions of Laws 2010, ch. 13, § 7 effective July 1, 2010.
2023 New Mexico Statutes › Chapter 47 - Property Law › Article 14 - Appraisal Management Company Registration › Section 47-14-3.2 - Criminal background checks.

A. The board may adopt rules that provide for criminal background checks for all licensees to include:
(1) requiring criminal history background checks of applicants for licensure pursuant to the Appraisal Management Company Registration Act;
(2) requiring applicants for licensure to be fingerprinted;
(3) providing for an applicant who has been denied licensure to inspect or challenge the validity of the background check record;
(4) establishing a fingerprint and background check fee not to exceed the current rate as determined by the department of public safety to be paid by the applicant; and
(5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history check.
B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.
C. Electronic live fingerprint scans may be used when conducting criminal history background checks.
History:
Laws 2013, ch. 143, § 9.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 143 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.