In a conveyance of real estate the words "special warranty covenants" shall have the full force, meaning and effect of the following words: "the grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns that the granted premises are free from all enucumbrances [encumbrances] made by the grantor, and that he will, and his heirs, executors, administrators and successors shall warrant and defend the same to the grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other."
History: 1941 Comp., § 75-136, enacted by Laws 1947, ch. 203, § 11; 1953 Comp., § 70-1-36.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Structure 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.]