New Mexico Easement Deed

County Specific Legal Forms Validated as recently as April 6, 2026 by our Forms Development Team

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About the New Mexico Easement Deed

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How to Use This Form

Select your county from the list on the left
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Easements are generally granted for a very specific purpose and can be either appurtenant or in gross. An easement gives one person the right to use another person's property for a specific purpose. In New Mexico, express easements are common, and are created by a deed, contract, or other written instrument. The easement deed should identify the location and dimensions of easement, the duration, the scope, and the parties who may use the easement. In a conveyance of real estate in this state, all easements, privileges, and appurtenances belonging to the granted estate are included in the conveyance, unless the deed states differently (47-1-34).

A land use easement in New Mexico is a holder's non-possessory interest in real property imposing any limitation or affirmative obligation for the purpose of retaining or protecting natural open space values of real property (47-12-2). A land use easement can be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements created in this state. A solar right, defined in the New Mexico Annotated Statutes as a right to an unobstructed line-of-sight path from a solar collector to the sun, is considered an easement appurtenant (47-3-8). A statutory form for a declaration of a solar right is offered in 47-3-9 of the New Mexico Annotated Statutes.

Easement deeds should be signed by the grantor or the grantor's lawful agent. A proper acknowledgment is required in order to have the instrument recorded by a county clerk. Any person empowered to take acknowledgments, whether in New Mexico or in another state, pursuant to the Notary Public Act or the Uniform Law on Notarial Acts can acknowledge an easement deed. Notarial acts should be evidenced by a certificate, signed and dated by the official taking such acknowledgment (14-14-7).

An easement deed will be of no effect and will not create any rights or obligations until it is recorded in the office of the county clerk in the county or counties where the property subject to the easement is located (47-12-3). Any person claiming a solar right must record such right and give notice to affected property owners as a necessary condition precedent to enforcing a solar right. An easement for solar rights must also be recorded in the county where the property is located (47-3-9).

(New Mexico ED Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Carolyn R.

"Definitely 5 stars. Everything was taken care of well within 24 hours. If our law firm needs to reco…"

— Cherif T.

"I wish every state offered such an easy and economical download of these forms. You were reasonable …"

— Valerie B.

"I had no clue how to write an easement termination, and I did not want to pay an attorney for it, so…"

— Cindy J.

"I'm stuck in Florida due to family business and needed to file documents in Virginia for other famil…"

— JACK G.

"Worked out good can the forms be filled out on the computer and printed off."

Common Uses for Easement Deed

Establish access to a property through a private road
Establish a shared driveway or road access agreement
Release a utility easement after relocation of services
Allow access to a shared well, pond, or water source
Formalize an existing informal access arrangement
Grant a neighbor access to a landlocked property

Compare other New Mexico deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Termination of Easement Mortgage Secured by Promissory Note Assignment of Mortgage Release of Mortgage Deed of Trust and Promissory Note Assignment of Deed of Trust Release of Deed of Trust Contract for Deed Personal Representative Deed Transfer on Death Deed Transfer on Death Revocation Affidavit of Facts as to Death Notice of Administration Affidavit of Deceased Joint Tenant Transfer of Homestead Affidavit Mineral Deed Mineral Deed with Quitclaim Covenants Notice of Lis Pendens Release of Lis Pendens Disclaimer of Interest Certificate of Trust

Important: County-Specific Forms

Our easement deed forms are specifically formatted for each county in New Mexico.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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