New Mexico Limitation on Substances Covered by Lease

State:
Multi-State
Control #:
US-OG-803
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

There are two types of rights given to landowners in the state; mineral and surface rights. These belong to a landowner who may own the rights to the land except if either has been severed and resources leased.

In New Mexico, the state's civil statute of limitations is three years for personal injury or defamation and four years for injury to personal property and most other civil claims. New Mexico's criminal statute of limitations ranges from three to six years for felonies and one to two years for misdemeanors.

The three-year personal injury statute of limitation of Section 37-1-8 NMSA 1978 applies when the essence of a claim is in tort for personal injury, even though the claim is presented as a breach of warranty under the Uniform Commercial Code.

§ 37-1-4. Those founded upon accounts and unwritten contracts; those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years. Laws 1880, ch.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

Enforcing county ordinances; jurisdiction. (3) no more than imprisonment for three hundred sixty-four days or a fine of one thousand dollars ($1,000), or both, for violation of an ordinance regarding driving while under the influence of intoxicating liquor or drugs.

Generally, no assessment of tax (or start of court proceedings without a prior assessment) may be made after three years from the end of the calendar year in which the tax payment was due.

? Section 37-1-23A NMSA 1978 granting governmental immunity from contract actions not based upon a "valid written contract," allows an ambiguous term of a written collective bargaining agreement, in this instance wages, to be defined by oral representations extrinsic to the contract.

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New Mexico Limitation on Substances Covered by Lease