Quitclaim Deed

QUITCLAIM DEED

State of New Mexico

RECORDING INFORMATION

(Space above this line reserved for recording data — minimum 3-inch top margin)

Return Recorded Instrument To:
[________________________________]
[________________________________]
[________________________________]

Prepared By:
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Property Location:
County of [________________________________]
State of New Mexico

TABLE OF CONTENTS

1. Preamble and Parties
2. Consideration and Conveyance
3. Property Description
4. Reservations and Exceptions
5. Transfer Tax and Declarations
6. Disclaimer of Warranties
7. Miscellaneous Provisions
8. Execution and Acknowledgment
9. Exhibit A — Legal Description

1. PREAMBLE AND PARTIES

THIS QUITCLAIM DEED (this "Deed") is made and executed as of the [____] day of [________________________________], 20[____] (the "Effective Date"), by and between:

GRANTOR:
[________________________________]
☐ An individual residing at [________________________________]
☐ A [________________________________] organized under the laws of [________________________________], with a principal address at [________________________________]

GRANTEE:
[________________________________]
☐ An individual residing at [________________________________]
☐ A [________________________________] organized under the laws of [________________________________], with a principal address at [________________________________]

RECITALS

A. Grantor claims an interest in certain real property situated in the County of [________________________________], State of New Mexico, more particularly described in Exhibit A (the "Property").

B. Grantor desires to convey, and Grantee desires to accept, all right, title, and interest, if any, of Grantor in and to the Property by quitclaim deed, without any covenant, warranty, or representation of any kind.

2. CONSIDERATION AND CONVEYANCE

FOR AND IN CONSIDERATION of the sum of [________________________________] Dollars ($[________]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged:

Grantor does hereby REMISE, RELEASE, CONVEY, AND QUITCLAIM unto Grantee, and Grantee's heirs, personal representatives, successors, and assigns forever, ALL OF GRANTOR'S RIGHT, TITLE, AND INTEREST in and to the Property described in Exhibit A, together with all improvements, fixtures, easements, hereditaments, appurtenances, water rights (if any), and all after-acquired title pertaining thereto.

TO HAVE AND TO HOLD the same unto Grantee and Grantee's heirs, personal representatives, successors, and assigns forever, in fee simple, without any covenant, warranty, or representation of any kind, express or implied.

3. PROPERTY DESCRIPTION

The Property is situated in the County of [________________________________], State of New Mexico, and is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

Property Address (street): [________________________________]

Assessor's Parcel Number(s): [________________________________]

Prior Instrument Reference: Being the same property conveyed to Grantor by [________________________________] dated [________________________________], recorded as Document/Instrument No. [________________________________] in the official records of [________________________________] County, New Mexico.

4. RESERVATIONS AND EXCEPTIONS

This conveyance is made subject to:

(a) All matters of record as of the date hereof;
(b) Easements, restrictions, covenants, conditions, and rights-of-way of record;
(c) All applicable zoning, subdivision, environmental, and land use regulations;
(d) Real property taxes and assessments not yet due and payable;
(e) Any matters that would be disclosed by an accurate survey or physical inspection;
(f) Community land grant restrictions (if applicable);
(g) Federal, state, or tribal interests (if applicable).

☐ Mineral Rights Reservation: Grantor specifically reserves all mineral rights, including oil, gas, and other subsurface minerals. Grantee acknowledges New Mexico's significant mineral rights framework.
☐ Water Rights Reservation: Grantor specifically reserves the following water rights: [________________________________]
☐ No additional reservations.

5. TRANSFER TAX AND DECLARATIONS

A. No State Transfer Tax

New Mexico does not impose a state-level real property transfer tax. However, county recording fees apply and must be paid at the time of recording.

B. Real Property Transfer Declaration

Pursuant to NMSA 1978, § 7-38-12.1, the parties shall complete and submit a fully executed Real Property Transfer Declaration to the County Assessor contemporaneously with or promptly after the recording of this Deed.

C. Recording Fees

Recording fees are set by the county clerk and are generally based on the number of pages. The party responsible for recording fees shall be [________________________________] (typically Grantee).

D. Proration of Taxes

Real property taxes, utility charges, and assessments attributable to periods prior to the Effective Date shall be the responsibility of Grantor and may be prorated pursuant to separate agreement of the parties.

6. DISCLAIMER OF WARRANTIES

A. No Warranties

This conveyance is made WITHOUT WARRANTY OF TITLE, EXPRESS OR IMPLIED, and without recourse to Grantor. Grantor makes no representations or warranties whatsoever regarding:

(a) Marketability, condition, or quality of title;
(b) The existence or absence of liens, encumbrances, or defects;
(c) Environmental conditions, contamination, or remediation obligations;
(d) Compliance with zoning, building, or subdivision regulations;
(e) Physical condition, boundaries, or improvements;
(f) Water rights, mineral rights, or subsurface conditions;
(g) Fitness for any particular purpose or habitability.

B. "As-Is" Transfer

Grantee takes the Property "AS-IS, WHERE-IS, AND WITH ALL FAULTS." Grantee acknowledges that Grantee has had the opportunity to inspect the Property and has relied solely on Grantee's own investigation.

C. Limitation of Liability

To the fullest extent permitted by New Mexico law, Grantor's aggregate liability to Grantee in connection with this Deed shall not exceed the consideration actually paid.

7. MISCELLANEOUS PROVISIONS

A. Governing Law

This Deed shall be governed by and construed in accordance with the laws of the State of New Mexico.

B. Venue

Any action arising out of or relating to this Deed shall be brought exclusively in a court of competent jurisdiction located within the State of New Mexico, preferably in the county where the Property is situated.

C. Entire Agreement

This Deed, together with the Real Property Transfer Declaration, constitutes the entire agreement between the parties with respect to the conveyance of the Property.

D. Successors and Assigns

This Deed shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns.

E. Severability

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

F. Counterparts

This Deed may be executed in counterparts. Signatures delivered by electronic means shall be deemed effective, though an original with wet-ink signatures is recommended for recording.

8. EXECUTION AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of the Effective Date.

GRANTOR:

Individual Grantor:

____________________________________
[________________________________] (Print Name)
Date: [________________________________]

Entity Grantor:

[________________________________] (Entity Name)
By: ____________________________________
Name: [________________________________]
Title: [________________________________]
Date: [________________________________]

NOTARIAL ACKNOWLEDGMENT — NEW MEXICO FORM

State of New Mexico
County of [________________________________]

This instrument was acknowledged before me on [________________________________], 20[____], by [________________________________].

☐ As an individual
☐ As [________________________________] (title) of [________________________________] (entity name), a [________________________________] (entity type), on behalf of said entity

____________________________________
Notary Public
Print Name: [________________________________]
My Commission Expires: [________________________________]

(Seal)

GRANTEE ACCEPTANCE (Optional)

[________________________________] (Grantee Name)
By: ____________________________________
Name: [________________________________]
Title: [________________________________]
Date: [________________________________]

9. EXHIBIT A — LEGAL DESCRIPTION OF THE PROPERTY

[INSERT METES AND BOUNDS OR LOT/BLOCK/SUBDIVISION DESCRIPTION EXACTLY AS IT APPEARS IN THE MOST RECENT VESTING INSTRUMENT. INCLUDE ASSESSOR'S PARCEL NUMBER(S) IF AVAILABLE.]

[________________________________]

RECORDING CHECKLIST

☐ Deed signed by Grantor
☐ New Mexico-compliant notarial acknowledgment with notary seal
☐ Assessor's Parcel Number included
☐ Preparer information included on first page
☐ Return address included on first page
☐ Real Property Transfer Declaration completed and ready for filing with County Assessor
☐ Recording fee payment ready (check payable to County Clerk)
☐ Legal description verified against current vesting instrument
☐ Confirm county-specific margin, font, and page requirements
☐ If mineral or water rights are involved, verify whether separate instruments are needed
☐ Remove all bracketed instructions before recording

SOURCES AND REFERENCES

1. NMSA 1978, § 47-1-44 — Form of Quitclaim Deed
2. NMSA 1978, § 14-8-1 et seq. — Recording Requirements
3. NMSA 1978, § 7-38-12.1 — Real Property Transfer Declaration
4. NMSA 1978, § 14-12A-1 et seq. — New Mexico Notary Public Act
5. New Mexico Taxation and Revenue Department — Property Tax Division
6. Virtual Underwriter — New Mexico Real Estate Practices

This Quitclaim Deed is intended to comply with New Mexico recording and conveyancing requirements. New Mexico has unique considerations regarding mineral rights, water rights, and community land grants. This template does not constitute legal advice. Consult a licensed New Mexico attorney before finalizing and recording.