2021 New Mexico Statutes
Chapter 47 - Property Law

Section 47-1-7 - [Powers of attorney and revocations thereof to be acknowledged and recorded.] - All powers of attorney or other writings containing authority to...

Section 47-1-8 - [Conveyances under terminated power of attorney; validation.] - All conveyances or incumbrances of real or personal property heretofore...

Section 47-1-9 - [Notice of revocation or death by means of affidavit.] - Notice of such revocation or death may be given so...

Section 47-1-10 - [Recordation of affidavit of termination of power of attorney.] - In the absence of the recordation of an affidavit as...

Section 47-1-11 - [Instruments by agent authorized.] - All conveyances of real estate, mortgages, trust deeds, sales contracts...

Section 47-1-12 - [Conveyance by decree or master.] - In all actions relating to real estate, where it becomes...

Section 47-1-13 - [Lineal and collateral securities; contracts binding realty as against heirs and legal claimants.] - Lineal and collateral securities in all cases are hereby forbidden,...

Section 47-1-14 - [Effect of words "bargained and sold".] - The words, bargained and sold, or words to the same...

Section 47-1-15 - [Joint grantees or devisees; tenancy in common.] - All interest in any real estate, either granted or bequeathed...

Section 47-1-16 - [Instrument of conveyance; prima facie evidence of joint tenancy.] - An instrument conveying or transferring title to real or personal...

Section 47-1-17 - [Entailed estates.] - Whenever a conveyance or bequest is made wherein the conveyor...

Section 47-1-17.1 - Repealed. - Repeals. — Laws 1992, ch. 66, § 71 repealed 47-1-17.1...

Section 47-1-18 - [Reversion; "heirs" and "successors" defined.] - When a balance or residue, in lands or tenements, goods...

Section 47-1-19 - [Rights of heirs of life tenant when made remaindermen.] - When the remainder of a possession is limited to the...

Section 47-1-20 - [Remainder to unborn child.] - When any possession has been or shall be conveyed limiting...

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...

Section 47-1-22 - [Grants of rents, returns or remainders.] - Grants of rents, returns or remainders of possession shall be...

Section 47-1-23 - [Transfer of reversion authorized.] - That the possibility or right of reversion for breach or...

Section 47-1-24 - [Rights of transferee of reversion.] - The assignee of or any successor to the right of...

Section 47-1-25 - Repealed. - History: Laws 1863-1864, p. 54; C.L. 1865, ch. 101, §...

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,...

Section 47-1-27 - ["Statutory forms" of conveyance and mortgage of real property.] - The forms set forth in the appendix to this act...

Section 47-1-28 - [Applicability from effective date of act.] - For the purpose of avoiding the unnecessary use of words...

Section 47-1-29 - ["Warranty deed" effective in fee simple.] - A deed in substance following the form entitled "warranty deed"...

Section 47-1-30 - ["Quitclaim deed" effective in fee simple without warranty.] - A deed in substance following the form entitled "quitclaim deed"...

Section 47-1-31 - ["Special warranty deed"; effect.] - A deed in substance following the form entitled "special warranty...

Section 47-1-32 - ["Grant" effective as a word of conveyance.] - In a conveyance of real estate the word "grant" shall...

Section 47-1-33 - [Unnecessary terms; construction of deeds or reservations.] - In a conveyance or reservation of real estate the terms,...

Section 47-1-34 - [Rights included without enumeration.] - In a conveyance or mortgage of real estate all rights,...

Section 47-1-35 - [Conveyance or mortgage to joint tenants.] - In a conveyance or mortgage of real estate, the designation...

Section 47-1-36 - Joint tenancies defined; creation. - A joint tenancy in real property is one owned by...

Section 47-1-37 - [Effect of warranty covenants in conveyances.] - In a conveyance of real estate the words, "warranty covenants"...

Section 47-1-38 - [Effect of special warranty covenants in conveyances.] - In a conveyance of real estate the words "special warranty...

Section 47-1-39 - [Mortgage or deed of trust provisions; effect.] - A deed in substance following the forms entitled "mortgage" or...

Section 47-1-40 - [Construction of "mortgage covenants".] - In a mortgage or deed of trust by way of...

Section 47-1-41 - Construction of "statutory mortgage condition". - In a mortgage or deed of trust by way of...

Section 47-1-42 - [Sheriff designated as successor trustee.] - It shall be unnecessary to recite in any deed of...

Section 47-1-43 - [Verb "assign" sufficient to transfer interest.] - In an assignment of a mortgage or deed of trust...

Section 47-1-44 - Conveyancing forms. - (1) WARRANTY DEED ........., for consideration paid, grant ....... to...

Section 47-1-45 - [Real estate brokerage agreements required to be in writing.] - Any agreement entered into subsequent to the first day of...

Section 47-1-46 - [Real estate descriptions by reference to recorded instruments.] - Any deed, mortgage, pleading in court or other instrument affecting...

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...

Section 47-1-48 - [Rules applicable; service of process.] - Such an action as provided for in Section 1 [47-1-47...

Section 47-1-49 - New Mexico coordinate system; zones. - The system of plane coordinates which has been established by...

Section 47-1-50 - Zone designations. - As established for use in the east zone, the New...

Section 47-1-51 - Plane coordinates, x and y; definition. - The plane coordinates of a point on the earth's surface,...

Section 47-1-52 - Description of land located in more than one zone. - When any tract of land to be defined by a...

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...

Section 47-1-54 - Recordation of land description based on coordinate system; limitation. - No coordinates based on the New Mexico coordinate system, purporting...

Section 47-1-55 - [Use on maps, reports of survey or other documents.] - The use of the term "New Mexico coordinate system" on...

Section 47-1-56 - Use of coordinate system. - For the purpose of describing the location of any survey...

Section 47-1-57 - Use of scrivener's-error affidavits. - A. As used in this section, "scrivener's-error affidavit" means an...

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...

Section 47-1A-2 - Risk of loss. - A contract made after the effective date of the Uniform...

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...

Section 47-2-2 - Definitions. - As used in the Real Estate Trust Act: A. "real...

Section 47-2-3 - Organization of real estate trusts. - A real estate trust is established by filing for record...

Section 47-2-4 - Operation of real estate trusts. - A. Except as limited or reserved to the beneficial owners...

Section 47-2-5 - Powers of real estate trusts. - Unless specifically limited by the declaration, a real estate trust...

Section 47-2-6 - Real estate trusts; general provisions. - A. A real estate trust is a separate legal entity...

Article 3 - Solar Rights

Section 47-3-1 - Short title. - Sections 47-3-1 through 47-3-5 NMSA 1978 may be cited as...

Section 47-3-2 - Declaration and findings. - The legislature declares that the state of New Mexico recognizes...

Section 47-3-3 - Definitions. - As used in the Solar Rights Act: A. "solar collector"...

Section 47-3-4 - Declaration of solar rights. - A. The legislature declares that the right to use the...

Section 47-3-5 - Prior rights unaffected. - Nothing in the Solar Rights Act shall be construed to...

Section 47-3-6 - Short title. - This act [47-3-6 to 47-3-12 NMSA 1978] may be cited...

Section 47-3-7 - Legislative findings and declaration. - The legislature finds that in view of the present energy...

Section 47-3-8 - Method of claiming; effect; limitations. - A solar right may be claimed by an owner of...

Section 47-3-9 - Recordation; effect of failure to record; contest. - A. Any person claiming a solar right shall record that...

Section 47-3-10 - Transfer. - Unless the document of conveyance otherwise specifies, upon the transfer...

Section 47-3-11 - Local authority. - A. Notwithstanding any other provisions of the Solar Recordation Act...

Section 47-3-12 - Indexing. - A declaration filed pursuant to Section 4 [47-3-9 NMSA 1978]...

Article 4 - Abstracters

Section 47-4-1 - Definitions. - As used in this act [47-4-1 to 47-4-9 NMSA 1978]:...

Section 47-4-2 - Requirements for bond. - A. No person shall conduct an abstracter's business without first...

Section 47-4-3 - Limitation of action on bond. - No suit shall be brought upon the bond, or against...

Section 47-4-4 - Requirement of abstract plant. - No person shall conduct an abstracter's business unless the person...

Section 47-4-5 - Exemption from requirement of abstract plant for certain abstracters. - A. Every person who, on January 1, 1963, was actively...

Section 47-4-6 - Affidavit of requirement of compliance with requirement of abstract plant. - No person shall conduct an abstracter's business without first filing...

Section 47-4-7 - Territorial limit on abstracters [abstracter's] business. - An abstracter who has filed the necessary bond and affidavit...

Section 47-4-8 - Penalty for violation of act. - Any person found guilty of violating the provisions of this...

Section 47-4-9 - [Application of act.] - The provisions of Sections 4, 6 and 7 [47-4-4, 47-4-6,...

Section 47-4-10 - Real estate sales; disclosure of certain attorney's fees required; provisions for civil liability. - A. No abstract company or other person regularly engaged in...

Article 5 - Subdivisions Generally

Section 47-5-1 - Short title. - This act [47-5-1 to 47-5-8 NMSA 1978] may be cited...

Section 47-5-2 - Definitions. - As used in the Land Subdivision Act: A. "subdivided land"...

Section 47-5-3 - [Approval of plat by county commission prior to sale.] - It shall be unlawful to sell, offer to sell, lease...

Section 47-5-4 - [Conditions affecting use or occupancy of subdivided land; written disclosure prior to sale.] - It shall be unlawful to sell or lease until there...

Section 47-5-5 - Advertising standards. - Brochures, publications and advertising of any form relating to subdivided...

Section 47-5-6 - Fraud; penalty. - Any officer, agent or employee of any firm or corporation,...

Section 47-5-7 - Other violations; penalty. - A. It is unlawful to: (1) willfully violate or fail...

Section 47-5-8 - [Injunction.] - Whenever the attorney general of the state of New Mexico...

Section 47-5-9 - Application. - The Land Subdivision Act applies to all subdivisions except where...

Article 6 - County Subdivisions

Section 47-6-1 - Short title. - Chapter 47, Article 6 NMSA 1978 may be cited as...

Section 47-6-2 - Definitions. - As used in the New Mexico Subdivision Act: A. "board...

Section 47-6-3 - Final plat; description. - A. Any person desiring to subdivide land shall have a...

Section 47-6-4 - Final plat acknowledgment; affidavit. - Every final plat shall contain a statement that the land...

Section 47-6-5 - Dedication for public use; maintenance. - The final plat shall contain a certificate stating that the...

Section 47-6-6 - Filing with county clerk; duties of county clerk. - The county clerk shall not accept for filing any final...

Section 47-6-7 - Vacation of plats; approval; duties of county clerk; effect. - A. Any final plat filed in the office of the...

Section 47-6-8 - Requirements prior to sale, lease or other conveyance. - It is unlawful to sell, lease or otherwise convey land...

Section 47-6-9 - Subdivision regulation; county authority. - A. The board of county commissioners of each county shall...

Section 47-6-9.1 - Merger of contiguous parcels; prohibition. - A. Contiguous parcels that are owned by a single owner...

Section 47-6-10 - County subdivision regulations; hearings; appeal. - In promulgating subdivision regulations, the board of county commissioners shall...

Section 47-6-11 - Preliminary plat approval; summary review. - A. Preliminary plats shall be submitted for type-one, type-two, type-three,...

Section 47-6-11.1 - Expiration of preliminary plat. - A. An approved or conditionally approved preliminary plat shall expire...

Section 47-6-11.2 - Water permit required for final plat approval. - Before approving the final plat for a subdivision containing ten...

Section 47-6-11.3 - Approval of final plats. - A. After the approval or conditional approval of a preliminary...

Section 47-6-11.4 - Plat approval; proof of adequate water supply on lands from which irrigation water rights have been severed. - A. Before approving the final plat for a subdivision of...

Section 47-6-13 - Repealed. - Repeals. — Laws 1995, ch. 212, § 32 repealed 47-6-12...

Section 47-6-14 - Public hearings on preliminary plats. - The board of county commissioners shall adhere to the following...

Section 47-6-15 - Appeals. - A. A party who is or may be adversely affected...

Section 47-6-16 - Succeeding subdivisions. - Any proposed subdivision may be combined and upgraded for classification...

Section 47-6-17 - Disclosure. - A. Prior to selling, leasing or otherwise conveying any land...

Section 47-6-18 - Advertising standards. - A. Brochures, disclosure statements, publications and advertising of any form...

Section 47-6-19 - Road development. - A. Roads within a subdivision shall be constructed only on...

Section 47-6-20 - Public agencies required to provide counties with information. - A. Any public agency receiving a request from the board...

Section 47-6-21 - Information reports. - In determining whether the subdivider can fulfill the requirements of...

Section 47-6-22 - Time limit on administrative action. - A. All opinions required of public agencies or submitted by...

Section 47-6-23 - Right of inspection; rescission. - If the purchaser, lessee or other person acquiring an interest...

Section 47-6-24 - Schedule of compliance. - In approving subdivision plats, the board of county commissioners may...

Section 47-6-25 - Suspension of right of sale. - The board of county commissioners may suspend or revoke approval...

Section 47-6-25.1 - Attorney general; district attorneys; investigation. - A. If the attorney general or a district attorney has...

Section 47-6-26 - Injunctive relief; mandamus. - A. The board of county commissioners, the district attorney or...

Section 47-6-27 - Criminal penalties. - A. Any person who knowingly, intentionally or willfully commits a...

Section 47-6-27.1 - Private remedies. - A. Any sale, lease or other conveyance of land within...

Section 47-6-27.2 - Approval necessary for utility connection. - Any water, sewer, electric or gas utility that connects service...

Section 47-6-28 - Use of fees. - All fees collected by a county for passing upon subdivision...

Section 47-6-29 - Jurisdiction. - Nothing in the New Mexico Subdivision Act shall be construed...

Article 7 - Building Unit Ownership

Section 47-7-1 - Short title. - This act [47-7-1 to 47-7-25, 47-7-26 to 47-7-28 NMSA 1978]...

Section 47-7-2 - Definitions. - As used in the Building Unit Ownership Act: A. "unit"...

Section 47-7-3 - Application of act. - The Building Unit Ownership Act shall apply to property, the...

Section 47-7-4 - Status of the units. - Each unit together with its undivided interest in the common...

Section 47-7-5 - Ownership of units. - Each unit owner shall be entitled to sole ownership and...

Section 47-7-6 - Common areas and facilities. - A. Each unit owner shall be entitled to an undivided...

Section 47-7-7 - Compliance with covenants; bylaws; administrative provisions. - Each unit owner shall comply strictly with the bylaws and...

Section 47-7-8 - Certain work prohibited. - No unit owner shall undertake any work which would jeopardize...

Section 47-7-9 - Liens against units; removal from lien; effect of part payment. - A. Subsequent to recording the declaration as provided in the...

Section 47-7-10 - Common profits and expenses. - The common profits of the property shall be distributed among,...

Section 47-7-11 - Contents of declaration. - The declaration shall contain: A. a description of the land...

Section 47-7-12 - Declaration; apportionment of interest. - The declaration shall specify a method by which the interest...

Section 47-7-13 - Contents of deeds of units. - Deeds of units shall include: A. a description of the...

Section 47-7-14 - Copy of the floor plans to be filed. - Simultaneously with the recording of the declaration, there shall be...

Section 47-7-15 - Blanket encumbrances affecting a unit at time of first conveyance. - At the time of the first conveyance of each unit,...

Section 47-7-16 - Recording. - A. The declaration, any amendment thereof, any instrument by which...

Section 47-7-17 - Removal from provisions of the Building Unit Ownership Act. - A. All unit owners may remove a property from the...

Section 47-7-18 - Removal no bar to subsequent resubmission. - The removal provided in Section 47-7-17 NMSA 1978 shall not...

Section 47-7-19 - Bylaws. - The administration of every property shall be governed by bylaws,...

Section 47-7-20 - Contents of bylaws. - The bylaws may provide for: A. the election from among...

Section 47-7-21 - Books of receipts and expenditures; availability for examination. - The manager or board of directors, shall keep detailed, accurate...

Section 47-7-22 - Waiver of use of common areas and facilities; abandonment of unit. - No unit owner may exempt himself from liability for his...

Section 47-7-23 - Taxation. - The association of unit owners shall elect whether: A. the...

Section 47-7-24 - Priority of lien. - A. All sums, assessed by the association of unit owners...

Section 47-7-25 - Joint and several liability of grantor and grantee for unpaid common expenses. - In a voluntary conveyance the grantee of a unit shall...

Section 47-7-25.1 - Merger or consolidation of condominiums. - A. By agreement of the unit owners, any two or...

Section 47-7-26 - Actions. - Without limiting the rights of any unit owner, actions may...

Section 47-7-27 - Personal application. - A. All unit owners, tenants of owners, employees of owners...

Section 47-7-28 - Insurance. - A. The manager or the board of directors if required...

Article 7A - Condominium Act - General Provisions

Section 47-7A-1 - Short title. - This act [47-7A-1 to 47-7D-20 NMSA 1978] may be cited...

Section 47-7A-2 - Applicability. - A. The Condominium Act applies to all condominiums created within...

Section 47-7A-3 - Definitions. - As used in the Condominium Act and declaration and bylaws,...

Section 47-7A-4 - Variation by agreement. - Except as expressly provided in the Condominium Act, the provisions...

Section 47-7A-5 - Taxation. - A. The association of unit owners shall elect whether: (1)...

Section 47-7A-6 - Applicability of local ordinances, regulations and building codes. - No provision of the Condominium Act invalidates or modifies any...

Section 47-7A-7 - Eminent domain. - A. If a unit is acquired by eminent domain, or...

Section 47-7A-8 - Supplemental general principles of law applicable. - Except to the extent inconsistent with the Condominium Act, the...

Section 47-7A-9 - Construction against implicit repeal, amendment or expansion. - The Condominium Act is a general act intended as a...

Section 47-7A-11 - Severability. - If any part or application of the Condominium Act is...

Section 47-7A-12 - Unconscionable agreement or term of contract. - A. The court, upon finding as a matter of law...

Section 47-7A-13 - Obligation of good faith. - Every contract or duty governed by the Condominium Act imposes...

Section 47-7A-14 - Remedies to be liberally administered. - A. The remedies provided by the Condominium Act shall be...

Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums

Section 47-7B-1 - Creation of condominium. - A. A condominium may be created pursuant to the Condominium...

Section 47-7B-2 - Unit boundaries. - Except as provided by the declaration: A. if walls, floors...

Section 47-7B-3 - Construction and validity of declaration and bylaws. - A. All provisions of the declaration and bylaws are severable....

Section 47-7B-4 - Description of units. - A description of a unit which sets forth the name...

Section 47-7B-5 - Contents of declaration. - A. The declaration for a condominium shall contain: (1) the...

Section 47-7B-6 - Leasehold condominiums. - A. With respect to any condominium created on a leasehold...

Section 47-7B-7 - Allocation of common element interests; votes; common expense liabilities. - A. The declaration shall allocate a fraction or percentage of...

Section 47-7B-8 - Limited common elements. - A. Except for the limited common elements described in Subsections...

Section 47-7B-9 - Plats and plans. - A. Plats and plans are a part of the declaration....

Section 47-7B-10 - Exercise of development rights. - A. To exercise any development right reserved under Paragraph (8)...

Section 47-7B-11 - Alterations of units. - Subject to the provisions of the declaration and other provisions...

Section 47-7B-12 - Relocation of boundaries between adjoining units. - A. Subject to the provisions of the declaration and other...

Section 47-7B-13 - Subdivision of units. - A. If the declaration expressly so permits, a unit may...

Section 47-7B-14 - Easement for encroachments. - To the extent that any unit or common element encroaches...

Section 47-7B-15 - Use for sales purposes. - A declarant may maintain sales offices, management offices and models...

Section 47-7B-16 - Easement rights. - Subject to the provisions of the declaration, a declarant has...

Section 47-7B-17 - Amendment of declaration. - A. Except in cases of amendments that may be executed...

Section 47-7B-18 - Termination of condominium. - A. Except in the case of a taking of all...

Section 47-7B-19 - Rights of secured lenders. - The declaration may require that all or a specified number...

Section 47-7B-20 - Master associations. - A. If the declaration for a condominium provides that any...

Section 47-7B-21 - Merger or consolidation of condominiums. - A. Any two or more condominiums, by agreement of the...

Article 7C - Condominium Act - Management of Condominium

Section 47-7C-1 - Organization of unit owners' association. - A unit owners' association shall be organized no later than...

Section 47-7C-2 - Powers of unit owners' association. - A. Except as provided in Subsection B of this section,...

Section 47-7C-3 - Executive board members and officers. - A. Except as provided in the declaration, the bylaws or...

Section 47-7C-4 - Transfer of special declarant rights. - A. No special declarant right created or reserved under the...

Section 47-7C-5 - Termination of contracts and leases of declarant. - If entered into before the executive board elected by the...

Section 47-7C-6 - Bylaws. - A. The bylaws of the association shall provide for: (1)...

Section 47-7C-7 - Upkeep of condominium. - A. Except to the extent provided by the declaration, Subsection...

Section 47-7C-8 - Meetings. - A meeting of the association shall be held at least...

Section 47-7C-9 - Quorums. - A. Unless the bylaws provide otherwise, a quorum is present...

Section 47-7C-10 - Voting; proxies. - A. If only one of the multiple owners of a...

Section 47-7C-11 - Tort and contract liability. - Neither the association nor any unit owner except the declarant...

Section 47-7C-12 - Conveyance or encumbrance of common elements. - A. Portions of the common elements may be conveyed or...

Section 47-7C-13 - Insurance. - A. Commencing not later than the time of the first...

Section 47-7C-14 - Surplus funds. - Unless otherwise provided in the declaration, any surplus funds of...

Section 47-7C-15 - Assessments for common expenses. - A. Until the association makes a common expense assessment, the...

Section 47-7C-16 - Lien for assessments. - A. The association has a lien on a unit for...

Section 47-7C-17 - Other liens affecting the condominium. - A. Except as provided in Subsection B of this section,...

Section 47-7C-18 - Association records. - The association shall keep financial records sufficiently detailed to enable...

Section 47-7C-19 - Association as trustee. - With respect to a third person dealing with the association...

Article 7D - Condominium Act - Protection of Condominium Purchasers

Section 47-7D-1 - Requirement for disclosure statement. - A. Except as provided in Subsection B of this section,...

Section 47-7D-2 - Liability for disclosure statement requirements. - A. Except as provided in Subsection B of this section,...

Section 47-7D-3 - Disclosure statement; general provisions. - A. Except as provided in Subsection B of this section,...

Section 47-7D-4 - Condominiums subject to development rights. - If the declaration provides that a condominium is subject to...

Section 47-7D-5 - Time shares. - If the declaration provides that ownership or occupancy of any...

Section 47-7D-6 - Condominiums containing conversion buildings. - A. The disclosure statement of a condominium containing any conversion...

Section 47-7D-7 - Condominium securities. - If an interest in a condominium is currently registered with...

Section 47-7D-8 - Purchaser's right to cancel. - A. A person required to deliver a disclosure statement pursuant...

Section 47-7D-9 - Resales of units. - A. Except in the case of a sale where delivery...

Section 47-7D-10 - Escrow of deposits. - Any deposit made in connection with the purchase or reservation...

Section 47-7D-11 - Release of liens. - A. In the case of a sale of a unit...

Section 47-7D-12 - Conversion buildings. - A. A declarant of a condominium containing conversion buildings and...

Section 47-7D-17 - Effect of violations on rights of action; attorney's fees. - If a declarant or any other person subject to the...

Section 47-7D-18 - Labeling of promotional material. - If any improvement contemplated in a condominium is labeled "NEED...

Section 47-7D-19 - Declarant's obligation to complete and restore. - A. The declarant shall complete all improvements labeled "MUST BE...

Section 47-7D-20 - Substantial completion of units. - In case of a sale of a unit where delivery...

Article 7E - Homeowner Association (Recompiled.)

Section 47-7E-1 - Recompiled. - History: Laws 2013, ch. 122, § 1; recompiled as §...

Section 47-7E-2 - Recompiled. - History: Laws 2013, ch. 122, § 2; recompiled as §...

Section 47-7E-3 - Recompiled. - History: Laws 2013, ch. 122, § 3; recompiled as §...

Section 47-7E-4 - Recompiled. - History: Laws 2013, ch. 122, § 4; recompiled as §...

Section 47-7E-5 - Recompiled. - History: Laws 2013, ch. 122, § 5; recompiled as §...

Section 47-7E-6 - Recompiled. - History: Laws 2013, ch. 122, § 6; recompiled as §...

Section 47-7E-7 - Recompiled. - History: Laws 2013, ch. 122, § 7; recompiled as §...

Section 47-7E-8 - Recompiled. - History: Laws 2013, ch. 122, § 8; recompiled as §...

Section 47-7E-9 - Recompiled. - History: Laws 2013, ch. 122, § 9; recompiled as §...

Section 47-7E-10 - Recompiled. - History: Laws 2013, ch. 122, § 10; recompiled as §...

Section 47-7E-11 - Recompiled. - History: Laws 2013, ch. 122, § 11; recompiled as §...

Section 47-7E-12 - Recompiled. - History: Laws 2013, ch. 122, § 12; recompiled as §...

Section 47-7E-13 - Recompiled. - History: Laws 2013, ch. 122, § 13; recompiled as §...

Section 47-7E-14 - Recompiled. - History: Laws 2013, ch. 122, § 14; recompiled as §...

Article 8 - Owner-Resident Relations

Section 47-8-1 - Short title. - Sections 47-8-1 through 47-8-51 [47-8-52] NMSA 1978 may be cited...

Section 47-8-2 - Purpose. - The purpose of the Uniform Owner-Resident Relations Act is to...

Section 47-8-3 - Definitions. - As used in the Uniform Owner-Resident Relations Act: A. "abandonment"...

Section 47-8-4 - Principles of law and equity. - Unless displaced by the provisions of the Uniform Owner-Resident Relations...

Section 47-8-5 - General act. - The Uniform Owner-Resident Relations Act being a general act is...

Section 47-8-6 - Recovery of damages. - A. The remedies provided by the Uniform Owner-Resident Relations Act...

Section 47-8-7 - Provision for agreement. - A claim or right arising under the Uniform Owner-Resident Relations...

Section 47-8-8 - Rights, obligations and remedies. - The Uniform Owner-Resident Relations Act applies to, regulates and determines...

Section 47-8-9 - Exemptions. - Unless created to avoid the application of the Uniform Owner-Resident...

Section 47-8-10 - Judicial jurisdiction. - A. The district or magistrate court of this state may...

Section 47-8-11 - Obligation of good faith. - Every duty under the Uniform Owner-Resident Relations Act and every...

Section 47-8-12 - Inequitable agreement provision. - A. If the court, as a matter of law, finds...

Section 47-8-13 - Service of notice. - A. A person has notice of a fact if: (1)...

Section 47-8-14 - Terms and conditions of agreement. - The owner and resident may include in a rental agreement...

Section 47-8-15 - Payment of rent. - A. The resident shall pay rent in accordance with the...

Section 47-8-16 - Waiver of rights prohibited. - No rental agreement may provide that the resident or owner...

Section 47-8-17 - Unlawful agreement provision. - If an owner deliberately uses a rental agreement containing provisions...

Section 47-8-18 - Deposits. - A. An owner is permitted to demand from the resident...

Section 47-8-19 - Owner disclosure. - A. The owner or any person authorized to enter into...

Section 47-8-20 - Obligations of owner. - A. The owner shall: (1) substantially comply with requirements of...

Section 47-8-21 - Relief of owner liability. - A. Unless otherwise agreed, upon termination of the owner's interest...

Section 47-8-22 - Obligations of resident. - The resident shall: A. comply with obligations imposed upon residents...

Section 47-8-23 - Application of rules or regulations. - An owner, from time to time, may adopt rules or...

Section 47-8-24 - Right of entry. - A. The resident shall, in accordance with provisions of the...

Section 47-8-25 - Use of dwelling unit limited. - Unless otherwise agreed, the resident shall occupy his dwelling unit...

Section 47-8-26 - Delivery of possession. - A. At the time specified in the rental agreement for...

Section 47-8-27 - Repealed. - Repeals. — Laws 1995, ch. 195, § 27, repealed 47-8-27...

Section 47-8-27.1 - Breach of agreement by owner and relief by resident. - A. Upon the failure of the owner to perform his...

Section 47-8-27.2 - Abatement. - A. If there is a violation of Subsection A of...

Section 47-8-28 - Repealed. - Repeals. — Laws 1999, ch. 91, § 8 repealed 47-8-28...

Section 47-8-29 - Repealed. - Repeals. — Laws 1995, ch. 195, § 27, repealed 47-8-29...

Section 47-8-30 - Action for counterclaim for resident. - A. In an action for possession based upon nonpayment of...

Section 47-8-31 - Resident rights following fire or casualty. - A. If the dwelling unit or premises are damaged or...

Section 47-8-32 - Repealed. - Repeals. — Laws 1995, ch. 195, § 27, repealed 47-8-32...

Section 47-8-33 - Breach of agreement by resident and relief by owner. - A. Except as provided in the Uniform Owner-Resident Relations Act,...

Section 47-8-34 - Notice of extended absence. - A. If the rental agreement requires the resident to give...

Section 47-8-34.1 - Disposition of property left on the premises. - A. Where the rental agreement terminates by abandonment pursuant to...

Section 47-8-34.2 - Personal property and security deposit of deceased resident; contact person. - A. As used in this section, "contact person" means the...

Section 47-8-35 - Claim for rent and damages. - If the rental agreement is terminated, the owner is entitled...

Section 47-8-36 - Unlawful removal and diminution of services prohibited. - A. Except in case of abandonment, surrender or as otherwise...

Section 47-8-36.1 - Landlord lien. - A. There shall be no landlord's lien arising out of...

Section 47-8-37 - Notice of termination and damages. - A. The owner or the resident may terminate a week-to-week...

Section 47-8-38 - Injunctive relief. - A. If the resident refuses to allow lawful access, the...

Section 47-8-39 - Owner retaliation prohibited. - A. An owner may not retaliate against a resident who...

Section 47-8-40 - Action for possession by owner. - A. Notwithstanding Subsections A and B of Section 47-8-39 NMSA...

Section 47-8-41 - Action for possession by owner or resident. - An action for possession of any premises subject to the...

Section 47-8-42 - Petition for restitution. - The person seeking possession shall file a petition for restitution...

Section 47-8-43 - Issuance of summons. - A. The summons shall be issued and directed, with a...

Section 47-8-44 - Absence from court of defendant. - If the defendant shall not appear in response to the...

Section 47-8-45 - Legal or equitable defense. - On or before the day fixed for his appearance, the...

Section 47-8-46 - Writ of restitution. - A. Upon petition for restitution filed by the owner if...

Section 47-8-47 - Appeal stays execution. - A. If either party feels aggrieved by the judgment, that...

Section 47-8-48 - Prevailing party rights in law suit; civil penalties. - A. If suit is brought by any party to the...

Section 47-8-49 - Unlawful and forcible entry. - The laws and procedures of New Mexico pertaining to complaints...

Section 47-8-50 - Prior transactions valid. - Transactions entered into before the effective date of the Uniform...

Section 47-8-51 - Applicability. - The provisions of the Uniform Owner-Resident Relations Act are applicable...

Section 47-8-52 - Conflicts; applicability of law. - Unless a provision of the Mobile Home Park Act [Chapter...

Article 8A - Rent Control Prohibition

Section 47-8A-1 - Rent control prohibition. - A. No political subdivision or any home rule municipality shall...

Article 9 - Right to Farm

Section 47-9-1 - Short title. - Sections 47-9-1 through 47-9-7 NMSA 1978 may be cited as...

Section 47-9-2 - Purpose of act. - The purpose of the Right to Farm Act is to...

Section 47-9-3 - Agricultural operations deemed not a nuisance. - A. Any agricultural operation or agricultural facility is not, nor...

Section 47-9-4 - Contracts; agreements. - The Right to Farm Act shall not invalidate any contracts...

Section 47-9-5 - Definitions. - As used in the Right To Farm Act: A. "agricultural...

Section 47-9-6 - Damages. - The provisions of the Right to Farm Act do not...

Section 47-9-7 - Frivolous lawsuits. - If a court determines that any action alleging that an...

Article 10 - Mobile Home Parks

Section 47-10-1 - Short title. - Chapter 47, Article 10 NMSA 1978 may be cited as...

Section 47-10-2 - Definitions. - As used in the Mobile Home Park Act: A. "landlord"...

Section 47-10-3 - Tenancy; requirements; notice to quit. - A. No tenancy or other lease or rental occupancy of...

Section 47-10-4 - Action for termination. - A. The action for termination shall be commenced and prosecuted...

Section 47-10-5 - Reasons for termination. - A tenancy shall be terminated pursuant to the Mobile Home...

Section 47-10-6 - Nonpayment of rent. - Any tenancy or other estate at will or lease in...

Section 47-10-7 - Common areas; tenant meetings. - Common areas of a mobile home park shall be open...

Section 47-10-8 - Security deposits. - The owner of a mobile home park or his agents...

Section 47-10-9 - Remedies. - A. Upon granting judgment for possession by the landlord in...

Section 47-10-10 - Entry fees prohibited; entry fee defined; security deposit; court costs. - A. The owner of a mobile home park or the...

Section 47-10-11 - Closed parks prohibited. - A. The management shall not require, as a condition of...

Section 47-10-12 - Selling fees prohibited. - The owner of a mobile home park or his agent...

Section 47-10-13 - Certain types of landlord-seller agreements prohibited. - A seller of mobile homes shall not pay or offer...

Section 47-10-14 - Rental agreement; disclosure of terms in writing. - A. The terms and conditions of a tenancy shall be...

Section 47-10-15 - Rules and regulations. - The management shall adopt rules and regulations concerning all residents'...

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...

Section 47-10-16 - New developments and parks; rental of sites to dealers authorized. - A. The management of a new mobile park or manufactured...

Section 47-10-17 - Alternative dispute resolution; when permitted; court actions. - A. In any civil dispute between the management and a...

Section 47-10-18 - Conflicts; applicability of law. - Unless a provision of the Mobile Home Park Act directly...

Section 47-10-19 - Rent increase; disclosure requirement. - A. A landlord shall fully and accurately disclose in writing...

Section 47-10-20 - Cost of utility services; access to records. - A. Mobile home park owners shall be responsible for maintaining...

Section 47-10-21 - Provision of utility services; administrative fee; disclosure requirement. - A. A landlord may charge residents a reasonable fee to...

Section 47-10-22 - Itemized bill; utility services; administrative fees. - When a landlord purchases utility services for residents, he shall...

Section 47-10-23 - Civil penalties. - A. For each violation by a landlord of the provisions...

Article 11 - Time Shares

Section 47-11-1 - Short title. - This act [47-11-1 to 47-11-13 NMSA 1978] may be cited...

Section 47-11-2 - Definitions. - As used in the New Mexico Time Share Act: A....

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...

Section 47-11-3 - Time shares deemed real estate; partition. - A. A time share is deemed to be an interest...

Section 47-11-4 - Disclosure statement. - Each developer shall fully and conspicuously disclose to each purchaser...

Section 47-11-5 - Purchaser's right to cancel; escrow; violation. - A. A developer shall, before conveyance of a time share...

Section 47-11-6 - Prizes. - An advertisement or promotion of a time share which includes...

Section 47-11-7 - Time share proxy. - No proxy, power of attorney or similar device given by...

Section 47-11-8 - Exchange programs. - A. If a purchaser is offered the opportunity to subscribe...

Section 47-11-9 - Service of process on exchange company. - Any exchange company offering an exchange program to a purchaser...

Section 47-11-10 - Securities laws apply. - The Securities Act of New Mexico shall apply to time...

Section 47-11-11 - Application for registration of time share project; denial of registration; renewal; reinstatement; termination of developer's interest. - A. Prior to the offering in this state of any...

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...

Section 47-11-11.2 - Disciplinary action by commission. - A. The commission shall have power to take disciplinary action....

Section 47-11-12 - Private enforcement. - The provisions of the New Mexico Time Share Act shall...

Section 47-11-13 - Release of liens. - A. Prior to the recordation of any instrument transferring a...

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...

Section 47-12-2 - Definitions. - As used in the Land Use Easement Act: A. "holder"...

Section 47-12-3 - Creation, conveyance, recording, acceptance and duration. - A. Except as otherwise provided in the Land Use Easement...

Section 47-12-4 - Actions. - A. An action affecting a land use easement may be...

Section 47-12-5 - Validity of land use easement. - A land use easement is valid even though the land...

Section 47-12-6 - Effect on enforceable interests. - A. Nothing in the Land Use Easement Act invalidates any...

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...

Section 47-12A-2 - Definitions. - As used in the Cultural Properties Preservation Easement Act: A....

Section 47-12A-3 - Cultural properties preservation easement created; dispositions. - A. Except as otherwise provided in the Cultural Properties Preservation...

Section 47-12A-4 - Actions. - An action affecting a cultural properties preservation easement may be...

Section 47-12A-5 - Validity of easement. - A cultural properties preservation easement is valid even though the...

Section 47-12A-6 - Enforceable interests. - A. Nothing in the Cultural Properties Preservation Easement Act invalidates...

Article 13 - Real Estate Disclosure

Section 47-13-1 - Short title. - Chapter 47, Article 13 NMSA 1978 may be cited as...

Section 47-13-1.1 - Definitions. - As used in the Real Estate Disclosure Act: A. "estimated...

Section 47-13-2 - Disclosure of information not required in real estate transactions. - A seller, lessor or landlord of real property, including a...

Section 47-13-3 - Cause of action, termination or rescission. - A. No cause of action shall arise against a seller,...

Section 47-13-4 - Finding; disclosure of information required in certain real estate transactions. - A. The legislature finds that property tax levied on a...

Section 47-13-5 - Disclosure of certain distributed energy generation systems. - The requirements of the Distributed Generation Disclosure Act [57-31-1 to...

Article 14 - Appraisal Management Company Registration

Section 47-14-1 - Short title. - Chapter 47, Article 14 NMSA 1978 may be cited as...

Section 47-14-2 - Definitions. - As used in the Appraisal Management Company Registration Act: A....

Section 47-14-3 - Registration required. - A. It is unlawful for a person, corporation, partnership, sole...

Section 47-14-3.1 - Bonding requirements. - A. In order to qualify for registration or renewal of...

Section 47-14-3.2 - Criminal background checks. - A. The board may adopt rules that provide for criminal...

Section 47-14-4 - Exemptions. - The Appraisal Management Company Registration Act is not applicable to:...

Section 47-14-5 - Forms. - An applicant for registration as an appraisal management company shall...

Section 47-14-6 - Expiration of license. - A registration granted by the board pursuant to the Appraisal...

Section 47-14-7 - Consent to service of process. - Each entity applying for registration as an appraisal management company...

Section 47-14-8 - Fee. - A. The board shall establish the fee for appraisal management...

Section 47-14-9 - Owner requirements. - A. An appraisal management company applying for registration may not...

Section 47-14-10 - Controlling person. - Each appraisal management company applying to the board for registration...

Section 47-14-11 - Controlling person requirements. - In order to serve as a controlling person of an...

Section 47-14-12 - Employee requirements. - A. Any employee of the appraisal management company, or any...

Section 47-14-13 - Requirements; liability. - A. An appraisal management company registered in this state pursuant...

Section 47-14-14 - Pre-engagement certification. - Each appraisal management company seeking to be registered in this...

Section 47-14-15 - Adherence to standards. - Each appraisal management company seeking to be registered in this...

Section 47-14-15.1 - Automated valuation models used to estimate collateral value for mortgage lending purposes. - A. Automated valuation models shall adhere to quality control standards...

Section 47-14-16 - Recordkeeping. - Each appraisal management company seeking to be registered shall certify...

Section 47-14-17 - Appraiser independence; prohibitions. - A. Appraisals shall be conducted independently and free from inappropriate...

Section 47-14-18 - Payment; limits; disclosure; nontaxable transaction certificate. - A. The fees paid to an appraiser for completion of...

Section 47-14-19 - Appraisal reports; alteration; use. - An appraisal management company shall not: A. alter, modify or...

Section 47-14-20 - Adjudication of disputes between an appraisal management company and an independent appraiser. - A. An appraisal management company shall not remove an appraiser...

Section 47-14-21 - Enforcement. - A. The board may censure an appraisal management company, conditionally...

Section 47-14-22 - Disciplinary hearings. - The board shall conduct adjudicatory proceedings in accordance with the...

Section 47-14-23 - Rulemaking authority. - The board may adopt rules that are reasonably necessary to...

Article 15 - Mortgage Foreclosure Consultant Fraud Prevention

Section 47-15-1 - Short title. - This act [47-15-1 to 47-15-8 NMSA 1978] may be cited...

Section 47-15-2 - Definitions. - As used in the Mortgage Foreclosure Consultant Fraud Prevention Act:...

Section 47-15-3 - Foreclosure consultant contract; requirements. - A. A foreclosure consulting contract shall: (1) be provided to...

Section 47-15-4 - Rescission of foreclosure consultant contract. - A. In addition to any other right under law to...

Section 47-15-5 - Violations. - It is a violation of the Mortgage Foreclosure Consultant Fraud...

Section 47-15-6 - Waiver not allowed. - Any waiver by an owner of the provisions of the...

Section 47-15-7 - Remedies. - A. A violation of the Mortgage Foreclosure Consultant Fraud Prevention...

Section 47-15-8 - Penalty. - A person who commits a violation of the provisions of...

Article 16 - Homeowner Association

Section 47-16-1 - Short title. - Chapter 47, Article 16 NMSA 1978 may be cited as...

Section 47-16-2 - Definitions. - As used in the Homeowner Association Act: A. "articles of...

Section 47-16-3 - Creation of a homeowner association. - An association pursuant to the Homeowner Association Act shall be...

Section 47-16-4 - Recording or filing of homeowner association notice and declaration. - A. An association organized after July 1, 2013 shall record...

Section 47-16-5 - Record disclosure to members; updated information. - A. All financial and other records of the association shall...

Section 47-16-6 - Duties of a homeowner association. - A. The association shall exercise any powers conferred to the...

Section 47-16-7 - Board members and officers; duties; budget. - A. Except as provided in the community documents or other...

Section 47-16-8 - Declarant control of board. - A. Subject to the provisions of this section, the declaration...

Section 47-16-8.1 - Removal of board members. - Unless a process for removal of board members is provided...

Section 47-16-9 - Proxy and absentee voting; ballot counting. - A. The association shall provide for votes to be cast...

Section 47-16-10 - Financial audit. - At least every three years, the board shall provide for...

Section 47-16-11 - Contract disclosure statement or disclosure certificate; right of cancellation of purchase contract. - Except as provided in Section 12 [47-16-12 NMSA 1978] of...

Section 47-16-12 - Sale of lots; disclosure certificate. - A. Unless exempt pursuant to Subsection F of this section,...

Section 47-16-13 - Purchaser's cancellation of a purchase contract. - If a purchaser elects to cancel a purchase pursuant to...

Section 47-16-14 - Attorney fees and costs. - A court may award attorney fees and costs to any...

Section 47-16-15 - Applicability. - A. Except as provided in Subsection B of this section,...

Section 47-16-16 - Flags. - An association shall not adopt or enforce a restriction related...

Section 47-16-17 - Meetings of association. - A. The association shall hold an annual meeting at least...

Section 47-16-18 - Enforcement of covenants; dispute resolution. - A. Each association and each lot owner and the owner's...

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2021 New Mexico Statutes Chapter 47 - Property Law

2021 New Mexico Statutes
Chapter 47 - Property Law