Grants of rents, returns or remainders of possession shall be valid without the previous ceremonies of the tenants, but no tenant having paid any rent to the grantor before receiving notice of the transfer shall be injured thereby.
History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 30; C.L. 1884, § 1429; C.L. 1897, § 2049; Code 1915, § 4769; C.S. 1929, § 117-113; 1941 Comp., § 75-117; 1953 Comp., § 70-1-20.
Tenant protected by notice requirement. — After notice to the tenant that premises have been conveyed by the lessor, the tenant must pay accruing rents to the grantee. Until the tenant has notice of the conveyance, he is protected in paying rent to his original landlord. Fletcher v. Bryan, 1966-NMSC-078, 76 N.M. 221, 413 P.2d 885.
Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Life tenant's liability for waste as affected by assignment or transfer of his interest, 71 A.L.R. 1187.
Reservation by deed of right to proceeds, or part of proceeds, of a future sale or condemnation of the property or part thereof, validity and effect of, where reversion exists, 123 A.L.R. 1475.
Nature of estates or interests created by grant to one and heirs if donee should have any heirs, 16 A.L.R.2d 670.
Rights as between life tenants and remaindermen to the increase in the value of the estate, 76 A.L.R.2d 162.
Divorce property distribution: treatment and method of valuation of future interest in real estate or trust property not realized during marriage, 62 A.L.R.4th 107.
26 C.J.S. Deeds §§ 1, 117, 136; 31 C.J.S. Estates § 92.
Structure 2021 New Mexico Statutes
Article 1 - Conveyances and General Provisions
Section 47-1-1 - "Real estate" defined.
Section 47-1-2 - Monopolies; entailments; primogeniture.
Section 47-1-4 - [Conveyances authorized.]
Section 47-1-4.1 - Actual authority; representatives of business entities; exception.
Section 47-1-5 - [Signing of conveyances.]
Section 47-1-6 - Seal unnecessary.
Section 47-1-7 - [Powers of attorney and revocations thereof to be acknowledged and recorded.]
Section 47-1-8 - [Conveyances under terminated power of attorney; validation.]
Section 47-1-9 - [Notice of revocation or death by means of affidavit.]
Section 47-1-10 - [Recordation of affidavit of termination of power of attorney.]
Section 47-1-11 - [Instruments by agent authorized.]
Section 47-1-12 - [Conveyance by decree or master.]
Section 47-1-14 - [Effect of words "bargained and sold".]
Section 47-1-15 - [Joint grantees or devisees; tenancy in common.]
Section 47-1-16 - [Instrument of conveyance; prima facie evidence of joint tenancy.]
Section 47-1-17 - [Entailed estates.]
Section 47-1-18 - [Reversion; "heirs" and "successors" defined.]
Section 47-1-19 - [Rights of heirs of life tenant when made remaindermen.]
Section 47-1-20 - [Remainder to unborn child.]
Section 47-1-22 - [Grants of rents, returns or remainders.]
Section 47-1-23 - [Transfer of reversion authorized.]
Section 47-1-24 - [Rights of transferee of reversion.]
Section 47-1-26 - [Tax assessment or payment in name of nonowner is not cloud on title.]
Section 47-1-27 - ["Statutory forms" of conveyance and mortgage of real property.]
Section 47-1-28 - [Applicability from effective date of act.]
Section 47-1-29 - ["Warranty deed" effective in fee simple.]
Section 47-1-30 - ["Quitclaim deed" effective in fee simple without warranty.]
Section 47-1-31 - ["Special warranty deed"; effect.]
Section 47-1-32 - ["Grant" effective as a word of conveyance.]
Section 47-1-33 - [Unnecessary terms; construction of deeds or reservations.]
Section 47-1-34 - [Rights included without enumeration.]
Section 47-1-35 - [Conveyance or mortgage to joint tenants.]
Section 47-1-36 - Joint tenancies defined; creation.
Section 47-1-37 - [Effect of warranty covenants in conveyances.]
Section 47-1-38 - [Effect of special warranty covenants in conveyances.]
Section 47-1-39 - [Mortgage or deed of trust provisions; effect.]
Section 47-1-40 - [Construction of "mortgage covenants".]
Section 47-1-41 - Construction of "statutory mortgage condition".
Section 47-1-42 - [Sheriff designated as successor trustee.]
Section 47-1-43 - [Verb "assign" sufficient to transfer interest.]
Section 47-1-44 - Conveyancing forms.
Section 47-1-45 - [Real estate brokerage agreements required to be in writing.]
Section 47-1-46 - [Real estate descriptions by reference to recorded instruments.]
Section 47-1-47 - [Recovery of realty donated to state or municipality for specific purposes.]
Section 47-1-48 - [Rules applicable; service of process.]
Section 47-1-49 - New Mexico coordinate system; zones.
Section 47-1-50 - Zone designations.
Section 47-1-51 - Plane coordinates, x and y; definition.
Section 47-1-52 - Description of land located in more than one zone.
Section 47-1-54 - Recordation of land description based on coordinate system; limitation.
Section 47-1-55 - [Use on maps, reports of survey or other documents.]