2020 New Mexico Statutes
Chapter 47 - Property Law
Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums
Section 47-7B-4 - Description of units.
A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located and the identifying number of the unit is a sufficient legal description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws.
History: Laws 1982, ch. 27, § 16.
ANNOTATIONSCompiler's notes. — This section is substantially similar to § 2-104 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
1. The intent of this section is that no description of a unit in a deed, lease, deed of trust, mortgage or any other instrument or document shall be subject to challenge for failure to meet any common law or other requirements so long as the requirements of this section are satisfied, and so long as the declaration itself, together with the plats and plans which are a part of the declaration, provides a legally sufficient description.
2. The last sentence makes clear that an instrument which does meet those requirements includes all interest appurtenant to the unit. As a result, it will not be necessary under this act to continue the practice, common in some jurisdictions, of describing the common element interests, or limited common elements, that are appurtenant to a unit in the instrument conveying title to that unit.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 18.
31 C.J.S. Estates § 153 et seq.
