New Mexico Deed (As to Specified Subsurface Depths) — Understanding the Basics In the state of New Mexico, a specialized type of deed known as the New Mexico Deed (As to Specified Subsurface Depths) is commonly used in real estate transactions. This deed is specifically designed to address the ownership rights and interests related to the subsurface depths or mineral rights of a property. It ensures clarity and certainty concerning the ownership of minerals, oil, gas, and other valuable resources that may be situated below the surface. Different Types of New Mexico Deed (As to Specified Subsurface Depths) There are generally two different types of New Mexico Deeds (As to Specified Subsurface Depths) that are commonly utilized: 1. Grant Deed (As to Specified Subsurface Depths): This deed conveys the ownership of specified subsurface depths, such as mineral rights, to the grantee (buyer) from the granter (seller). The granter guarantees that they have not conveyed these rights to anyone else, except as specifically mentioned in the deed. This type of deed provides a measure of certainty to the grantee regarding their ownership of subsurface resources. 2. Quitclaim Deed (As to Specified Subsurface Depths): Unlike a grant deed, a quitclaim deed makes no guarantee or warranty that the granter actually owns the subsurface rights. In this case, the granter transfers any interest they may have, if any, in the specified subsurface depths. Consequently, the grantee assumes any risk associated with the ownership of subsurface resources, as the granter does not provide any warranty regarding its validity. Key Features of New Mexico Deed (As to Specified Subsurface Depths) Here are some essential features and factors to consider when dealing with a New Mexico Deed (As to Specified Subsurface Depths): 1. Legal Description: The deed should provide an accurate legal description of the property, including the boundaries and any reference to surveys or plat maps. 2. Clarity on Depths and Rights: The deed needs to specify the exact depths or subsurface layers covered by the conveyance. It should mention whether it includes all or only specific resources like oil, gas, minerals, precious metals, water rights, or any other valuable subsurface commodities. 3. Rights of Future Exploration and Extraction: The deed may address the reserved or unreserved rights to future exploration, extraction, or development of subsurface resources. Time restrictions or conditions may be included, ensuring rights don't extend indefinitely without use. 4. Outlining Limitations and Exceptions: Any limitations or exceptions to the conveyed subsurface rights should be explicitly mentioned. Examples of exceptions could be pre-existing leases, royalty agreements, or rights held by third parties. 5. Legal Assistance: Due to the complexity and significant financial implications associated with subsurface rights, it is strongly advised to seek legal counsel to ensure the deed's language aligns with the desired ownership and conveyance intentions. Navigating the intricacies of a New Mexico Deed (As to Specified Subsurface Depths) can be challenging, given the potential complexities involved. It is always recommended consulting with legal professionals experienced in real estate law and specifically knowledgeable about New Mexico's regulations to ensure a smooth and secure transaction.
New Mexico Deed (As to Specified Subsurface Depths)
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Riparian rights are those rights and obligations awarded to landowners whose property is adjacent to or abutting a river or stream. Typically, landowners have the right to use the water as long as such use does not harm upstream or downstream neighbors.
All the water in the state belongs to the public, ing to the New Mexico Constitution. The right to use it is called a water right. The water-rights holder doesn't own the water, but the rights themselves are considered private property that may be sold or leased, with permission from the State Engineer.
In New Mexico, ownership of water rights is transferred by deed ? just as land is. Irrigation water rights are considered appurtenant to the land that is their designated place of use.
New Mexico law says that a declaration is legitimate proof of the water right, even if the claimant has no additional proof. prove because of how long ago the water right may have been initiated and the lack of living witnesses or old documentation.
Before you have a well drilled, you must first obtain a permit to drill from the Office of the State Engineer. If the source of groundwater is unclear, you may first acquire an exploratory permit. If that well produces water, you can then obtain the permit to use the water.
It holds that the owner of a lower parcel of land must accept the natural drainage from those parcels above his, and cannot alter the drainage pattern of his own land to increase the drainage flow onto parcels lower than his own. For this reason, this rule is sometimes referred to as the "natural flow rule".
The two main types of water rights followed in the US are riparian rights?which refers to the right of a property owner to use water that touches the borders of their property?and prior-appropriation water rights?in which the state grants a party the right to use certain waters.?
