New Mexico Easement Deed

New Mexico Easement Deed Information

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).

Deeds.com New Mexico Easement Deed Forms Have Been Updated as Recently as Monday February 27, 2023

4.8 out of 5 (3957 Reviews)

What others like you are saying:

GISELLE G. said: Quick and easy. I will definitely use this services again.

Reply from Staff: Thank you!

Sara R. said: The deed is presently at the auditors office and will be recorded after approval from zoning board. As far as I know, everything is going along well. A self addressed envelope was left at recorder's office for return after recording is complete.

Reply from Staff: Thank you!

George R. said: One of the most satisfactory and easy to use websites I have come across. Being able to record documents in the court records without having to pay an atty $500 per hour and accomplish the recording in about 24 hours instead of days and even weeks i s invaluable. Worked perfectly.

Reply from Staff: Thank you!

Tracy B. said: I was happy with the way this worked and the quick responses. Unfortunately, my documents could not be pulled. I will use this service again in the future.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Lanette H. said: I liked getting the forms but I was charged twice for some reason. I'm not sure what happened with that. Can you reimburse me? Thank you. Lanette

Reply from Staff: Thank you for your feedback Lanette. In review, it looks like your first payment was declined, second one was approved and processed. What you are seeing is one payment and a hold placed by your financial institution for the declined attempt. We are not sure why they do this but the hold usually falls off after a few day depending on their policy. If you have further questions about this you can contact your financial institution and they will explain. Have a great day.

Petti V. said: Your site was so easy to use. And I got the form and instructions I needed.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!