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Home » US Law » 2021 New Mexico Statutes » Chapter 47 - Property Law » Article 1 - Conveyances and General Provisions

Section 47-1-38 – [Effect of special warranty covenants in conveyances.]

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 […]

Section 47-1-39 – [Mortgage or deed of trust provisions; effect.]

A deed in substance following the forms entitled “mortgage” or “deed of trust” shall when duly executed have the force and effect of a mortgage or deed of trust by way of mortgage to the use of the mortgagee and his heirs and assigns with mortgage covenants and upon statutory mortgage condition as defined in […]

Section 47-1-40 – [Construction of “mortgage covenants”.]

In a mortgage or deed of trust by way of mortgage of real estate “mortgage covenants” shall have the full force and meaning and effect of the following words and shall be applied and construed accordingly: “the mortgagor for himself, his heirs, executors, administrators and successors, covenants with the mortgagee and his heirs, successors and […]

Section 47-1-41 – Construction of “statutory mortgage condition”.

In a mortgage or deed of trust by way of mortgage of real estate the words, “statutory mortgage condition” shall have the full force, meaning and effect of the following words and shall be applied and construed accordingly: “in the event any of the following terms, conditions or obligations are broken by the mortgagor, this […]

Section 47-1-42 – [Sheriff designated as successor trustee.]

It shall be unnecessary to recite in any deed of trust given by way of mortgage that in the case of the resignation, refusal, failure or inability of the trustee named therein at any time to act, the then acting sheriff of the county in which said real estate is situate shall be successor trustee […]

Section 47-1-43 – [Verb “assign” sufficient to transfer interest.]

In an assignment of a mortgage or deed of trust by way of mortgage of real estate the word “assign” shall be a sufficient word to transfer the mortgage or the beneficial interest under deed of trust, without the words, “transfer and set over.” History: 1941 Comp., § 75-141, enacted by Laws 1947, ch. 203, […]

Section 47-1-44 – Conveyancing forms.

(1) WARRANTY DEED ………, for consideration paid, grant ……. to ………, whose address is ………., the following described real estate in ……… county, New Mexico: (description) with warranty covenants. Witness ……… hand …… and seal …… this …… day of ……., 19 … ………… (Seal) (Here add acknowledgment(s)) (2) WARRANTY DEED (JOINT TENANTS) ………, for […]

Section 47-1-45 – [Real estate brokerage agreements required to be in writing.]

Any agreement entered into subsequent to the first day of July, 1949, authorizing or employing an agent or broker to purchase or sell lands, tenements or hereditaments or any interest in or concerning them, for a commission or other compensation, shall be void unless the agreement, or some memorandum or note thereof shall be in […]

Section 47-1-46 – [Real estate descriptions by reference to recorded instruments.]

Any deed, mortgage, pleading in court or other instrument affecting real estate may describe such real estate by reference to the description thereof contained in or shown by one or more maps, plats, descriptions, deeds, mortgages or other instruments of record in the office of the county clerk of the county in which the affected […]

Section 47-1-48 – [Rules applicable; service of process.]

Such an action as provided for in Section 1 [47-1-47 NMSA 1978] hereof shall be governed by the rules of pleading, practice and procedure applying to civil actions. Service of process therein shall be made upon the attorney general of the state of New Mexico for the state of New Mexico, and upon the mayor […]

Section 47-1-49 – New Mexico coordinate system; zones.

The system of plane coordinates which has been established by the national ocean survey and national geodetic survey for defining and stating the positions or locations of points on the surface of the earth within the state of New Mexico shall be known and designated as the “New Mexico coordinate system”. As used in Section […]

Section 47-1-50 – Zone designations.

As established for use in the east zone, the New Mexico coordinate system shall be named and in any land description in which it is used it shall be designated the “New Mexico coordinate system of 1927, east zone” or the “New Mexico coordinate system of 1983, east zone”. As established for use in the […]

Section 47-1-51 – Plane coordinates, x and y; definition.

The plane coordinates of a point on the earth’s surface, to be used in expressing the position or location of the point in the appropriate zone of this system, shall consist of two distances, expressed in feet and decimals of a foot when using the New Mexico coordinate system of 1927 and expressed in meters […]

Section 47-1-52 – Description of land located in more than one zone.

When any tract of land to be defined by a single description extends from one into another of the coordinate zones as provided in Section 47-1-49 NMSA 1978, the positions of all points on its boundaries may be referred to either of the zones; the zone which is used shall be specifically named in the […]

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 coordinate system, the following definition by the national ocean survey and national geodetic survey is adopted: (1) the New Mexico coordinate system, east zone, is a transverse mercator projection having a central meridian 104 20′ west of Greenwich, on which meridian the scale is set […]

Section 47-1-55 – [Use on maps, reports of survey or other documents.]

The use of the term “New Mexico coordinate system” on any map, report of survey or other document, shall be limited to coordinates based on the New Mexico coordinate system as defined. History: 1953 Comp., § 70-1-53, enacted by Laws 1957, ch. 147, § 7. ANNOTATIONS Cross references. — For void indemnity agreements, see 56-7-1 […]

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

For the purpose of describing the location of any survey station or land boundary corner in the state of New Mexico, it shall be considered a complete, legal and satisfactory description of such location to give the position of said survey state or land boundary corner on the system of coordinates defined in Sections 47-1-49 […]

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

A. As used in this section, “scrivener’s-error affidavit” means an affidavit to correct a drafting or clerical error in: (1) a legal description, such as the omission of one or more words; (2) the name of a subdivision; (3) the recording information for a plat; (4) a metes and bounds description, if bearings or distances […]