In a conveyance or mortgage of real estate all rights, easements, privileges and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary shall be stated in the deed, and it shall be unnecessary to enumerate or mention them generally or specifically.
History: 1941 Comp., § 75-133, enacted by Laws 1947, ch. 203, § 8; 1953 Comp., § 70-1-33.
ANNOTATIONSWater rights are appurtenant rights. — Where a deed for feed yard property did not contain any reservation of rights, title to the property, together with all appurtenant rights, including appurtenant water rights, passed to the grantee. McCasland v. Miskell,1994-NMCA-163, 119 N.M. 390, 890 P.2d 1322 , cert. denied, 119 N.M. 354, 890 P.2d 807 (1995).
Deed silent as to water rights. — Where grantor divided a parcel of land into fifteen adjoining lots and conveyed a lot to each of grantor's children; each deed granted the grantee the right to water from a well located on one of the lots; defendant acquired title to one of the lots from an heir of grantor; the deed to defendant contained no language regarding water rights or the well; and there was no evidence that the land acquired by defendant was used for irrigation, defendant did not have a right to use water from the well because the deed to defendant did not expressly grant water rights. Roybal v. Lujan de la Fuente, 2009-NMCA-114, 147 N.M. 193, 218 P.3d 879.
Easements appurtenant to land are conveyed with a conveyance of the land. Where an easement is annexed as an appurtenance to land by an express or implied grant or reservation, or by prescription, it passes with a transfer of the land although not specifically mentioned in the instrument of transfer. Sedillo Title Guar., Inc. v. Wagner, 1969-NMSC-087, 80 N.M. 429, 457 P.2d 361.
Easement remains though not enumerated in deed. — Court held that under this section purchasers had notice of easement burdening property where warranty deed, recorded contract and title insurance policy referred to easement, although deed to land did not. Sedillo Title Guar., Inc. v. Wagner, 1969-NMSC-087, 80 N.M. 429, 457 P.2d 361.
Reformation of contract held improper. — Where vendor and purchaser of land failed to discuss or bargain over appurtenant water rights prior to land sale, evidence was insufficient to infer any agreement concerning such rights, and, therefore, trial court committed reversible error by reforming the parties' contract to include reservation of the appurtenant water rights. Twin Forks Ranch, Inc. v. Brooks, 1998-NMCA-129, 125 N.M. 674, 964 P.2d 838, cert. denied, 126 N.M. 108, 967 P.2d 448.
Improvements part of real estate. — Improvements, such as homes, out buildings, etc., are considered a part of the real estate and the value of such improvements are considered in arriving at a determination of the value of such real property. 1969 Op. Att'y Gen. No. 69-86.
Law reviews. — For note, "Vendor and Purchaser - Increased Risks of Forfeiture and Malpractice Resulting from the Use of Real Estate Contracts: Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.," see 15 N.M.L. Rev. 99 (1985).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 54A Am. Jur. 2d Mortgages § 102 et seq.
Restrictive covenants as affecting fences, or walls or hedges similar thereto, 23 A.L.R. 937, 138 A.L.R. 330.
Race, color or religion, restrictive covenants, conditions or agreements in respect of real property discriminating against persons on account of, 3 A.L.R.2d 466.
Controlling effect, as to building lines in restrictive covenants, as between provisions in deed and conflicting data on plat referred to therein, 21 A.L.R.2d 1262.
Restrictive covenant as affected by enforcement of assessment or improvement liens, 26 A.L.R.2d 873.
Covenant in conveyance requiring erection of dwelling as prohibiting use of property for business or other nonresidential purposes, 32 A.L.R.2d 1207.
Building side line restrictive covenants, 36 A.L.R.2d 861.
Law as to cats, 73 A.L.R.2d 1032, 8 A.L.R.4th 1287, 55 A.L.R.4th 1080, 68 A.L.R.4th 823.
Validity, construction and effect of restrictive covenant requiring consent of third person to construction on lot, 40 A.L.R.3d 864.
Validity and construction of restrictive covenant prohibiting or governing outside storage or parking of housetrailers, motor homes, campers, vans, and the like, in residential neighborhoods, 32 A.L.R.4th 651.
Conveyance of land as including mature but unharvested crops, 51 A.L.R.4th 1263.