When any land title or other document is delivered to the county clerk to be recorded, it is the clerk's duty to endorse immediately on that document or other paper the day, month and year in which the clerk received it, and the clerk shall record it in the book of record as soon as possible. The documents, from the date on which they were delivered to the county clerk, shall be considered as recorded, and this shall be sufficient notice to the public of the contents thereof.
History: Laws 1855-1856, p. 18, § 3; C.L. 1865, ch. 88, § 3; C.L. 1884, § 431; C.L. 1897, § 778; Code 1915, § 4781; C.S. 1929, § 118-103; 1941 Comp., § 13-104; 1953 Comp., § 71-1-4; 2011, ch. 134, § 8.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For recording assignment of royalties, see 70-1-1, 70-1-2 NMSA 1978.
The 2011 amendment, effective July 1, 2011, made stylistic changes.
Endorsement on boundary survey plant. — A potential conflict between Section 14-8-6 NMSA 1978, which imposes a duty to "endorse immediately" and to record "as soon as possible," Section 14-8-2 NMSA 1978, which limits the duty to only those documents that are recordable, and Section 47-6-6 NMSA 1978, which imposes an unqualified duty not to accept an unapproved subdivision plat for filing can be harmonized by treating a Section 14-8-6 NMSA 1978 endorsement on a boundary survey plat merely as a conditional acceptance, pending review to confirm that the plat does not reflect a subdivision of land within the meaning of the New Mexico Subdivision Act. Valdez v. Vigil, 2007-NMCA-031, 141 N.M. 316, 154 P.3d 691
Constructive notice of easement. — Deeds and contract granting easement across land owned by defendants, which were properly acknowledged, certified and recorded (Section 14-8-4 NMSA 1978), were constructive notice to defendants and the public of their contents (Section 14-8-6 NMSA 1978). Germany v. Murdock, 1983-NMSC-041, 99 N.M. 679, 662 P.2d 1346.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Priority where senior instrument is recorded after execution but before recording of junior instrument, 32 A.L.R. 344.
Withdrawal of paper after delivery to proper officer as affecting question whether it is filed, 37 A.L.R. 670.
Use of diminutive or nickname as affecting operation or record as notice, 45 A.L.R. 557.
Effect of neglect or fault of recording or filing officer, 70 A.L.R. 595.
Necessity of recording appointment of substitute for trustee under deed of trust securing bonds, 98 A.L.R. 1159.
Improper insertion or omission of middle initial of one's name as affecting constructive notice from public records, 122 A.L.R. 909.
Fraudulent misrepresentation or concealment, public records as constructive notice of, so as to start running of statute of limitations against action for fraud, 152 A.L.R. 461.
Record of instrument which comprises or includes an interest or right that is not proper subject of record, 3 A.L.R.2d 577.
Reformation of instruments as against third persons, record of incorrect instrument as notice of intended contents, 79 A.L.R.2d 1180.
Recorded real property instrument as charging third party with constructive notice of provisions of extrinsic instrument referred to therein, 89 A.L.R.3d 901.
76 C.J.S. Records § 9 et seq.