Assignments and Leases

NMSA 1978 ch. 70, art. 1

in effect

NMSA 1978, § 70-1-1 [Production of oil, gas or other minerals; assignments of royalties to be recorded.]

70-1-1. [Production of oil, gas or other minerals; assignments of royalties to be recorded.] That all assignments and other instruments of transfer of royalties in the production of oil, gas or other minerals on any lands in this state, including lands operated under lease or contract from the United States and from the state of New Mexico, shall be recorded in the office of the county clerk of the county where the lands are situated. Laws 1927, ch. 76, § 1; C.S. 1929, § 97-501; 1941 Comp., § 69-101; 1953 Comp., § 65-2-1.

NMSA 1978, § 70-1-2 [Effect of recording or failure to record.]

70-1-2. [Effect of recording or failure to record.] Such records shall be notice to all persons of the existence and contents of such assignments and other instruments so recorded from the time of filing the same for record, and no assignment or other instrument of transfer affecting the title to such royalties not recorded as herein provided shall affect the title or right to such royalties of any purchaser or transferee in good faith, without knowledge of the existence of such unrecorded instrument. Laws 1927, ch. 76, § 2; C.S. 1929, § 97-502; 1941 Comp., § 69-102; 1953 Comp., § 65-2-2.

NMSA 1978, § 70-1-3 [Forfeiture of oil, gas or mineral lease; release from record.]

70-1-3. [Forfeiture of oil, gas or mineral lease; release from record.] Whenever any oil, gas or other mineral lease heretofore or hereafter executed shall become forfeited, it shall be the duty of the lessee, his, or its heirs, executors, administrators, successors or assigns, within thirty days from the date this act [70-1-3 to 70-1-5 NMSA 1978] shall take effect, if the forfeiture occurred prior thereto, and within thirty days from the date of the forfeiture of any and all other leases, to have such lease released from record in the county where the leased land is situated, without cost to the owner thereof. Laws 1925, ch. 118, § 1; C.S. 1929, § 97-301; 1941 Comp., § 69-103; 1953 Comp., § 65-2-3.

NMSA 1978, § 70-1-4 [Failure to execute release; action to obtain release; damages; attachment.]

70-1-4. [Failure to execute release; action to obtain release; damages; attachment.] Should the owner of such lease neglect or refuse to execute a release as provided by this act [70-1-3 to 70-1-5 NMSA 1978], then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action of the lessee, his, or its heirs, executors, administrators, successors or assigns, the sum of one hundred dollars ($100.00) as damages, and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases. Laws 1925, ch. 118, § 2; C.S. 1929, § 97-302; 1941 Comp., § 69-104; 1953 Comp., § 65-2-4.

NMSA 1978, § 70-1-5 [Demand for release must precede action.]

70-1-5. [Demand for release must precede action.] At least twenty days before bringing the action provided for in this act [70-1-3 to 70-1-5 NMSA 1978], the owner of the leased land, either by himself or by his agent or attorney, shall demand of the holder of the lease (if such demand by ordinary diligence can be made in this state) that said lease be released of record. Such demand may be either written or oral. When written, a letterpress or carbon or written copy thereof, when shown to be such, may be used as evidence in any court with the same force and effect as the original. Laws 1925, ch. 118, § 3; C.S. 1929, § 97-303; 1941 Comp., § 69-105; 1953 Comp., § 65-2-5.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18573/index.doFetched: 10/20/2026