Chapter 47 — Chapter 47

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 syst…

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…

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.

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 sys…

A. As used in this section, "scrivener's-error affidavit" means an affidavit to correct a minor drafting or clerical error or omission in a recorded instrument, including: (1) a legal description, such as the omission of one or more words; (2) the name of a subdivision; (3) the r…

No seal or scroll is necessary to the validity of any contract, bond or conveyance, whether respecting real or personal property, or any other instrument of writing, nor does the addition or omission of a seal or scroll in any way affect the force or effect of the same. History: …

acknowledged and recorded.] All powers of attorney or other writings containing authority to convey real estate, as agent or attorney of the owner of the same, or to execute, as agent for another, any conveyance of real estate, or by which real estate may be affected in law, or e…

validation.] All conveyances or incumbrances of real or personal property heretofore or hereafter made in pursuance of a power of attorney valid when executed, are hereby declared valid notwithstanding the revocation of such power or the death of the donor of such power where the…

Notice of such revocation or death may be given so as to affect, with notice, all subsequent purchasers or incumbrancers within the meaning of Section 1 [47-1-8 NMSA 1978] hereof by the filing for record with the county clerk of the county where such real estate is located or whe…

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.

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 otherw…

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.

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…

A real estate trust is established by filing for record with the clerk of the county in which its principal office in this state is located a declaration signed by all of its trustees, which must be at least three in number, and acknowledged before a notary public, which states: …

A. Except as limited or reserved to the beneficial owners by the declaration, the trustees are vested with the authority for the control, operation, disposition, investment, reinvestment and management of the trust estate. B. The action of a majority of the trustees is the action…

Unless specifically limited by the declaration, a real estate trust has the power, exercisable in the trust name to: A. have perpetual succession; B. sue, be sued, complain and defend; C. purchase, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in…

A. A real estate trust is a separate legal entity and solely responsible for its debts and obligations. No trustee or beneficial owner, solely because of that status, shall be individually liable for the acts, omissions, debts or obligations of the real estate trust, except for h…

Sections 47-3-1 through 47-3-5 NMSA 1978 may be cited as the "Solar Rights Act". History: 1953 Comp., § 70-8-1, enacted by Laws 1977, ch. 169, § 1; 2007, ch. 232, § 2.

Unless the document of conveyance otherwise specifies, upon the transfer of any realty on which a solar right exists or upon the transfer of any realty benefited by a filed declaration contesting a solar right, that solar right or declaration contesting the solar right shall be t…

A. Notwithstanding any other provisions of the Solar Recordation Act [47-3-6 to 47- 3-12 NMSA 1978] or the Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978], the governing body of a county or municipality may by ordinance regulate in whole or in part the claiming of solar rights in a…

A declaration filed pursuant to Section 4 [47-3-9 NMSA 1978] of the Solar Recordation Act shall be indexed by the county clerk in the grantees index under the names of the persons receiving notice in the declaration and in the grantors index under the name of the person filing th…

The legislature declares that the state of New Mexico recognizes that economic benefits can be derived for the people of the state from the use of solar energy. Operations, research, experimentation and development in the field of solar energy use shall therefore be encouraged. W…

As used in the Solar Rights Act: A. "solar collector" means a device, substance or element, or a combination of devices, substances or elements, that relies upon sunshine as an energy source and that is capable of collecting not less than twenty-five thousand British thermal unit…

A. The legislature declares that the right to use the natural resource of solar energy is a property right, the exercise of which is to be encouraged and regulated by the laws of this state. Such property right shall be known as a solar right. B. The following concepts shall be a…

Nothing in the Solar Rights Act shall be construed to alter, amend, deny, impair or modify any solar right, lease, easement or contract right which has vested prior to the effective date of the Solar Rights Act. History: 1953 Comp., § 70-8-5, enacted by Laws 1977, ch. 169, § 5.

This act [47-3-6 to 47-3-12 NMSA 1978] may be cited as the "Solar Recordation Act". History: Laws 1983, ch. 233, § 1.

The legislature finds that in view of the present energy crisis, all renewable energy sources must be encouraged for the benefit of the state as a whole. The legislature further finds that solar energy is a viable energy source in New Mexico, and as such, its development should b…

A solar right may be claimed by an owner of real property upon which a solar collector, as defined in Subsection A of Section 47-3-3 NMSA 1978, has been placed. Once vested, the right shall be enforceable against any person who constructs or plans to construct any structure, in v…

A. Any person claiming a solar right shall record that right by filing a declaration in substantially the following form with the county clerk of each county in which is located any portion of the properties burdened by a solar right or any portion of the properties on which a so…

As used in this act [47-4-1 to 47-4-9 NMSA 1978]: A. "person" includes individuals, firms, partnerships, associations, cooperatives and corporations; and B. "abstracter's business" means the business of compiling or furnishing abstracts of title to any real estate within this sta…

required; provisions for civil liability. A. No abstract company or other person regularly engaged in the business of handling the closing of real estate sales shall collect attorney's fees imposed by the abstract company or other person regularly engaged in the business of handl…

A. No person shall conduct an abstracter's business without first entering into a bond to the state of New Mexico for the use and benefit of any person who shall sustain any loss or damage by reason of the failure of the abstracter to set out, or record, properly, any instrument,…

No suit shall be brought upon the bond, or against the surety, after six years from the date of the last certificate contained in the abstract. History: 1953 Comp., § 70-2-7, enacted by Laws 1963, ch. 307, § 3.

No person shall conduct an abstracter's business unless the person owns, operates or controls an abstract plant consisting of tract indexes and other records, showing in brief comprehensive form, or full copy, all instruments of record or on file, affecting real estate in the cou…

abstracters. A. Every person who, on January 1, 1963, was actively engaged in the business of compiling or furnishing abstracts of title to real estate within any county in this state, shall be exempt from the requirement of having a twenty-year abstract plant in order to conduct…

abstract plant. No person shall conduct an abstracter's business without first filing with the county clerk of the county where the business shall be conducted, an affidavit that such person has complied, and is complying, with the requirements for an abstract plant. The affidavi…

An abstracter who has filed the necessary bond and affidavit shall receive a certificate from the county clerk to the effect that the bond and affidavit have been recorded, and this certificate shall be evidence of the right and authority of the abstracter to conduct business in …

Any person found guilty of violating the provisions of this act [47-4-1 to 47-4-9 NMSA 1978], including, but not limited to the filing of a false affidavit, shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for e…

The provisions of Sections 4, 6 and 7 [47-4-4, 47-4-6, 47-4-7 NMSA 1978] of this act do not apply to mineral abstracting. History: 1953 Comp., § 70-2-13, enacted by Laws 1963, ch. 307, § 9.

This act [47-5-1 to 47-5-8 NMSA 1978] may be cited as the "Land Subdivision Act." History: 1953 Comp., § 70-3-1, enacted by Laws 1963, ch. 217, § 1.

As used in the Land Subdivision Act: A. "subdivided land" and "subdivision" means improved or unimproved land divided, or proposed to be divided, into twenty-five or more lots or parcels for the purpose of sale or lease, but does not include the leasing of apartments, offices, st…

It shall be unlawful to sell, offer to sell, lease or offer to lease to the public subdivided land as defined hereinabove until a plat of such subdivided land being sold has been approved by the county commission wherein such land is situate; and Until legal access from an existi…

written disclosure prior to sale.] It shall be unlawful to sell or lease until there has been disclosed in writing to the purchaser or lessee of a lot or parcel in the subdivided land, the following: A. all restrictions or reservations of record which subject the subdivided land …

Brochures, publications and advertising of any form relating to subdivided land shall: A. not misrepresent or contain false or misleading statements of fact; B. not describe deeds, title insurance or other items included in a transaction as "free," and shall not state that any lo…

Any officer, agent or employee of any firm or corporation, or any other person who knowingly authorizes or assists in the publication, advertising, distribution or circulation of any false statement or representation concerning any subdivided land offered for sale or lease, and a…

A. It is unlawful to: (1) willfully violate or fail to comply with any provisions of the Land Subdivision Act; or (2) advertise or publish, or assist in advertising and publishing in this state the sale or lease of any lot or parcel of subdivided land located in another state, te…

Whenever the attorney general of the state of New Mexico or any district attorney of a judicial district of the state of New Mexico, after a complaint has been filed by any individual alleging injury hereunder, or upon his own initiative, after investigation made, believes any of…

The Land Subdivision Act applies to all subdivisions except where the subdivision is located within a county for which subdivision regulations have been adopted as provided in the New Mexico Subdivision Act [Chapter 47, Article 6 NMSA 1978]. History: 1953 Comp., § 70-3-9, enacted…

Chapter 47, Article 6 NMSA 1978 may be cited as the "New Mexico Subdivision Act". History: 1953 Comp., § 70-5-1, enacted by Laws 1973, ch. 348, § 1; 1995, ch. 212, § 1.

In promulgating subdivision regulations, the board of county commissioners shall adhere to the following procedures. A. Prior to adopting, amending or repealing any regulation, the board of county commissioners shall consult with representatives of the office of the state enginee…