This act [47-12-1 to 47-12-6 NMSA 1978] may be cited as the “Land Use Easement Act”. History: Laws 1991, ch. 15, § 1. ANNOTATIONS Compiler’s notes. — This act is substantially similar to the Uniform Conservation Easement Act. Cross references. — For the Cultural Properties Preservation Easement Act, see 47-12A-1 NMSA 1978 et seq. For […]
As used in the Land Use Easement Act: A. “holder” means any nonprofit corporation, nonprofit association or nonprofit trust, the purposes or powers of which include retaining or protecting the natural or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources […]
A. Except as otherwise provided in the Land Use Easement Act, a land use easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any other easement. B. A land use easement is not effective and creates no rights or obligations until it is recorded […]
A. An action affecting a land use easement may be brought by any of the following: (1) an owner of an interest in the real property burdened by the land use easement; (2) a holder of a land use easement; or (3) a person having a third-party enforcement right. B. This section does not affect […]
A land use easement is valid even though the land use easement: A. is not appurtenant to an interest in real property; B. imposes a negative covenant that is a restriction on the use of the land that is subject to the terms of the easement; C. imposes affirmative obligations upon the owner of any […]
A. Nothing in the Land Use Easement Act invalidates any interest, whether designated as a land use easement, covenant, equitable servitude, restriction or easement that is enforceable under the laws of this state. B. No interest benefiting or encumbering real property cognizable under the statutes or common law in effect in this state prior to […]
