2021 New Mexico Statutes
Article 1 - Conveyances and General Provisions
Section 47-1-33 - [Unnecessary terms; construction of deeds or reservations.]

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

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 47 - Property Law

Article 1 - Conveyances and General Provisions

Section 47-1-1 - "Real estate" defined.

Section 47-1-2 - Monopolies; entailments; primogeniture.

Section 47-1-3 - Repealed.

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 47-1-13 - [Lineal and collateral securities; contracts binding realty as against heirs and legal claimants.]

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 47-1-17.1 - Repealed.

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 47-1-21 - [Future possession dependent on death without heirs; effect of birth of posthumous 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 47-1-25 - Repealed.

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 47-1-53 - Definition of coordinate system according to U.S. coast and geodetic survey [national ocean survey and national geodetic survey].

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.]

Section 47-1-56 - Use of coordinate system.

Section 47-1-57 - Use of scrivener's-error affidavits.