New Mexico Statutes 47-12A-3. Cultural properties preservation easement created;
dispositions.
Terms Used In New Mexico Statutes 47-12A-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
A. Except as otherwise provided in the Cultural Properties Preservation Easement Act, a cultural properties preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any other easement.
B. A cultural properties preservation easement is not effective and creates no rights or obligations until it is recorded in the office of the county clerk of the county or
counties in which any part of the real property subject to the cultural properties preservation easement is located.
C. No right or duty in favor of or against a holder and no right in favor of a person having a third-party enforcement right arises under a cultural properties preservation easement prior to its acceptance by that holder and recordation of that acceptance in the office of the county clerk of the county where the real property subject to a cultural properties preservation easement is located, in whole or in part.
D. Except as provided in Subsection B of Section 4 [47-12A-4 N.M. Stat. Ann.] of the Cultural Properties Preservation Easement Act, the term of a cultural properties preservation easement shall be the term stated in the easement.