2019 New Mexico Statutes
Chapter 47 - Property Law
Article 1 - Conveyances and General Provisions
Section 47-1-30 - ["Quitclaim deed" effective in fee simple without warranty.]

Universal Citation: NM Stat § 47-1-30 (2019)

A deed in substance following the form entitled "quitclaim deed" shall, when duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use of any interest the grantor owns in the premises, without warranty.

History: 1941 Comp., § 75-129, enacted by Laws 1947, ch. 203, § 4; 1953 Comp., § 70-1-29.

ANNOTATIONS

Quitclaim deed conveys all grantor's interest. — In a quiet-title action, appellant's contention that a quitclaim deed executed to appellee by her, her husband and cograntees conveyed only her interest as a spouse in community property, that her individual interest as cotenant in common with her husband and the other cograntees was not conveyed, was found to be erroneous. Appellant conveyed all of her interest in the property by the deed and not two separate and distinct estates in the mining property, to-wit, a community property interest and a separate and distinct interest given to married women by the statute. Waddell v. Bow Corp., 408 F.2d 772 (10th Cir. 1969).

Recorded deed is notice that all interest conveyed. — A quitclaim deed of record, where there is nothing in the record to suggest that the deed is not absolute, nor is there anything which would give one notice that less than full consideration has been paid, is notice that the grantor conveys whatever interest he has in the property. A reasonably prudent person is justified in relying on the quitclaim deed. Bingaman v. Cook, 1968-NMSC-187, 79 N.M. 627, 447 P.2d 507.

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. — 23 Am. Jur. 2d Deeds §§ 259 to 264, 272, 273, 338 to 340.

26 C.J.S. Deeds §§ 8, 22.

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