New Mexico Statutes
N.M. Stat. § 14-9-7 (2026)
Conveyances to state and public corporations; recording;
✓ current as of May 2026
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filing in lieu of recording; maximum fee.
A. The state, the public boards and commissions thereof, municipalities, districts
and subdivisions of the state, including conservancy and irrigation districts, shall be
entitled to have instruments affecting real estate which have been made to them as
grantees or vendees, including rights-of-way for roads, easements or other instruments
affecting real estate, to be duly recorded in the offices of the county clerks and ex officio
recorders of the various counties in which the real estate is situated.
B. The state, the public boards or commissions thereof, municipalities, districts or
subdivisions of the state, including conservancy and irrigation districts, may file the
original instruments affecting such real estate with the county clerk and ex officio
recorder in the county where the property is situated, and such filings shall be properly
indexed by the county clerk and ex officio recorder in the county, and such filings shall
have the full legal effect of recording and be legal notice of the rights of the public
entities or districts in and to said rights-of-way, easements or other interests conveyed
or granted by the instruments affecting the real estate.
C. The county clerks and ex officio recorders shall be paid the statutory recording
fee for each instrument recorded or filed and indexed under the terms of this section.
History: Laws 1931, ch. 137, § 1; 1941 Comp., § 13-209; 1953 Comp., § 71-2-9; Laws
1961, ch. 77, § 1; 1987, ch. 233, § 1.
ANNOTATIONS
The 1987 amendment, effective June 19, 1987, in Subsection C, substituted "the
statutory recording fee" for "one dollar or one-half the statutory recording fee whichever
is greater" and made minor language changes throughout the section.
Highway grants held properly filed. — Grants to the state highway and transportation
department [department of transportation] were properly filed with the full legal effect of
a recording, even though the county clerk did not enter in the index book page numbers
for the filings or otherwise record the grants as the clerk does for real estate
transactions where the recording party is someone other than the state. Lone Butte
Corp. v. State, 1991-NMSC-077, 112 N.M. 483, 816 P.2d 1105.
Warrants of employment security commission are not instruments made to
commission as grantee or vendee. They are instruments made by the commission as
claimant of a lien. This section does not apply to warrants of the employment security
commission. 1961 Op. Att'y Gen. No. 61-51.Notes of Decisions
Cited in 6
cases, 1970–2011 · leading case: Rodgers v. City of Loving, 573 P.2d 240 (N.M. Ct. App. 1977).
Rodgers v. City of Loving, 573 P.2d 240 (N.M. Ct. App. 1977). “300, § 14-9-7, 1965 N.M. Laws was in effect: "No personal action shall be maintained in any court of this state against any member or officer of a municipality for any tort or act done, or attempted to be done, when done by the authority of the municipality or in execution of…”
City of Rio Rancho v. Amrep Sw. Inc., 260 P.3d 414 (N.M. 2011). “” NMSA 1978, § 14-9-7(A) (1987). When a municipality records an instrument affecting real estate, that instrument “shall have the full legal effect of recording and be legal notice of the rights of the public entities [to the] interests conveyed or granted.”
Montoya v. City of Albuquerque, 476 P.2d 60 (N.M. 1970). “' Secondly, the City may be liable for the torts of its officers if their acts •come within the terms of § 14-9-7, N.M. S.A.1953, which provides: “No personal action shall be maintained in any court of this state against any member or officer of a municipality for any tort or…”
Stull v. City of Tucumcari, 540 P.2d 250 (N.M. Ct. App. 1975). “We discuss: (1) Section 14-9-7, N.M.S.A.1953 (Repl.Vol. 3); (2) Sections 5-6-18 through 5-6-20, N.”
Hicks v. State, 544 P.2d 1153 (N.M. 1976). “…of this action our legislature in its last session, Ch. 334, Laws 1975, repealed §§ 5-6-18 through 5-6-21, supra, § 14-9-7, N.M.S.A., 1953 (Repl. Vol. 3, 1968), §§ 64-25-8 and 64-25-9, supra, and made the laws effective as of July 1, 1975. Under § 2 of said Act the…”
Lone Butte Corp. v. State, 816 P.2d 1105 (N.M. 1991). “Instead the grants were filed, but not recorded, with the county clerk under a provision of New Mexico law set forth in NMSA 1978, Section 14-9-7, which provides, in pertinent part: The state * * * may file the original instruments affecting such real estate with the county…”
N.M. Stat. § 14-9-7(A): 1 case
City of Rio Rancho v. Amrep Sw. Inc., 260 P.3d 414 (N.M. 2011). “” NMSA 1978, § 14-9-7(A) (1987). When a municipality records an instrument affecting real estate, that instrument “shall have the full legal effect of recording and be legal notice of the rights of the public entities [to the] interests conveyed or granted.”
N.M. Stat. § 14-9-7(B): 2 cases
City of Rio Rancho v. Amrep Sw. Inc., 260 P.3d 414 (N.M. 2011). “” NMSA 1978, § 14-9-7(A) (1987). When a municipality records an instrument affecting real estate, that instrument “shall have the full legal effect of recording and be legal notice of the rights of the public entities [to the] interests conveyed or granted.”
Lone Butte Corp. v. State, 816 P.2d 1105 (N.M. 1991). “Instead the grants were filed, but not recorded, with the county clerk under a provision of New Mexico law set forth in NMSA 1978, Section 14-9-7, which provides, in pertinent part: The state * * * may file the original instruments affecting such real estate with the county…”
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