N.M. Stat. » Chapter 47 — Property Law
New Mexico Statutes

N.M. Stat. § 70-1-29 (2026)

ANNOTATIONS

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 2 cases, 1959–1968 · leading case: Buchanan v. Carpenter, 338 P.2d 292 (N.M. 1959).
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Buchanan v. Carpenter, 338 P.2d 292 (N.M. 1959). “, § 70-1-29) another proviso was enacted amending the law of conveyancing as it theretofore existed, declaring that quitclaim deeds of the kind mentioned should have the effect of a deed in fee simple to any interest the grantor owned in the premises described.”
Bingaman v. Cook, 447 P.2d 507 (N.M. 1968). “” Thus it is apparent that the recording of the short form memorandum of agreement gave notice that Cook was claiming some right to the real estate, and, of course, this by itself would cause a reasonably prudent person to make further inquiries in order to determine what rights…”
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