In a conveyance or mortgage of real estate all rights, easements, privileges and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary shall be stated in the deed, and it shall be unnecessary to enumerate or mention them generally or specifically.
History: 1941 Comp., § 75-133, enacted by Laws 1947, ch. 203, § 8; 1953 Comp., § 70-1-33.
Water rights are appurtenant rights. — Where a deed for feed yard property did not contain any reservation of rights, title to the property, together with all appurtenant rights, including appurtenant water rights, passed to the grantee. McCasland v. Miskell,1994-NMCA-163, 119 N.M. 390, 890 P.2d 1322 , cert. denied, 119 N.M. 354, 890 P.2d 807 (1995).
Deed silent as to water rights. — Where grantor divided a parcel of land into fifteen adjoining lots and conveyed a lot to each of grantor's children; each deed granted the grantee the right to water from a well located on one of the lots; defendant acquired title to one of the lots from an heir of grantor; the deed to defendant contained no language regarding water rights or the well; and there was no evidence that the land acquired by defendant was used for irrigation, defendant did not have a right to use water from the well because the deed to defendant did not expressly grant water rights. Roybal v. Lujan de la Fuente, 2009-NMCA-114, 147 N.M. 193, 218 P.3d 879.
Easements appurtenant to land are conveyed with a conveyance of the land. Where an easement is annexed as an appurtenance to land by an express or implied grant or reservation, or by prescription, it passes with a transfer of the land although not specifically mentioned in the instrument of transfer. Sedillo Title Guar., Inc. v. Wagner, 1969-NMSC-087, 80 N.M. 429, 457 P.2d 361.
Easement remains though not enumerated in deed. — Court held that under this section purchasers had notice of easement burdening property where warranty deed, recorded contract and title insurance policy referred to easement, although deed to land did not. Sedillo Title Guar., Inc. v. Wagner, 1969-NMSC-087, 80 N.M. 429, 457 P.2d 361.
Reformation of contract held improper. — Where vendor and purchaser of land failed to discuss or bargain over appurtenant water rights prior to land sale, evidence was insufficient to infer any agreement concerning such rights, and, therefore, trial court committed reversible error by reforming the parties' contract to include reservation of the appurtenant water rights. Twin Forks Ranch, Inc. v. Brooks, 1998-NMCA-129, 125 N.M. 674, 964 P.2d 838, cert. denied, 126 N.M. 108, 967 P.2d 448.
Improvements part of real estate. — Improvements, such as homes, out buildings, etc., are considered a part of the real estate and the value of such improvements are considered in arriving at a determination of the value of such real property. 1969 Op. Att'y Gen. No. 69-86.
Law reviews. — For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 54A Am. Jur. 2d Mortgages § 102 et seq.
Restrictive covenants as affecting fences, or walls or hedges similar thereto, 23 A.L.R. 937, 138 A.L.R. 330.
Race, color or religion, restrictive covenants, conditions or agreements in respect of real property discriminating against persons on account of, 3 A.L.R.2d 466.
Controlling effect, as to building lines in restrictive covenants, as between provisions in deed and conflicting data on plat referred to therein, 21 A.L.R.2d 1262.
Restrictive covenant as affected by enforcement of assessment or improvement liens, 26 A.L.R.2d 873.
Covenant in conveyance requiring erection of dwelling as prohibiting use of property for business or other nonresidential purposes, 32 A.L.R.2d 1207.
Building side line restrictive covenants, 36 A.L.R.2d 861.
Law as to cats, 73 A.L.R.2d 1032, 8 A.L.R.4th 1287, 55 A.L.R.4th 1080, 68 A.L.R.4th 823.
Validity, construction and effect of restrictive covenant requiring consent of third person to construction on lot, 40 A.L.R.3d 864.
Validity and construction of restrictive covenant prohibiting or governing outside storage or parking of housetrailers, motor homes, campers, vans, and the like, in residential neighborhoods, 32 A.L.R.4th 651.
Conveyance of land as including mature but unharvested crops, 51 A.L.R.4th 1263.
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.]