2023 New Mexico Statutes
Chapter 47 - Property Law
Article 5 - Subdivisions Generally
Section 47-5-2 - Definitions.

As used in the Land Subdivision Act:

A. "subdivided land" and "subdivision" means improved or unimproved land divided, or proposed to be divided, into twenty-five or more lots or parcels for the purpose of sale or lease, but does not include the leasing of apartments, offices, stores or similar space within a building unless an undivided interest in the land is granted as a condition precedent to occupying space within the building and does not include subdivisions approved by an agency of the United States or by a municipality, and does not include any subdivision where the primary business of the developer is the construction of home improvements;

B. "blanket encumbrance" means a trust deed, mortgage or any other lien or encumbrance, including mechanics' liens, securing or evidencing the payment of money or the furnishing of services or materials and affecting land to be subdivided or affecting more than one lot or parcel of subdivided land, or an agreement affecting more than one lot or parcel by which the owner or subdivider holds the subdivision under an option, contract to sell or trust agreement. Taxes and assessments levied by public authority are not included.

History: 1953 Comp., § 70-3-2, enacted by Laws 1963, ch. 217, § 2.

Characterization of particular tract of land. — Whether or not a particular tract of land is a "subdivision" depends on the facts of each particular case. 1964 Op. Att'y Gen. No. 64-05.

Question of proposed division. — When the question is whether or not a developer has proposed to divide a tract into at least 25 parcels, the enforcing authority should determine the question from the method of operation and all the facts in each particular case. 1963 Op. Att'y Gen. No. 63-154.

Subdivision within municipality. — The Land Subdivision Act does not apply to a subdivision within a municipality. 1970 Op. Att'y Gen. No. 70-84, overruled by 1976 Op. Att'y Gen. No. 76-09.

Law reviews. — For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972).