Grants of rents, returns or remainders of possession shall be valid without the previous ceremonies of the tenants, but no tenant having paid any rent to the grantor before receiving notice of the transfer shall be injured thereby.
History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 30; C.L. 1884, § 1429; C.L. 1897, § 2049; Code 1915, § 4769; C.S. 1929, § 117-113; 1941 Comp., § 75-117; 1953 Comp., § 70-1-20.
Tenant protected by notice requirement. — After notice to the tenant that premises have been conveyed by the lessor, the tenant must pay accruing rents to the grantee. Until the tenant has notice of the conveyance, he is protected in paying rent to his original landlord. Fletcher v. Bryan, 1966-NMSC-078, 76 N.M. 221, 413 P.2d 885.
Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Life tenant's liability for waste as affected by assignment or transfer of his interest, 71 A.L.R. 1187.
Reservation by deed of right to proceeds, or part of proceeds, of a future sale or condemnation of the property or part thereof, validity and effect of, where reversion exists, 123 A.L.R. 1475.
Nature of estates or interests created by grant to one and heirs if donee should have any heirs, 16 A.L.R.2d 670.
Rights as between life tenants and remaindermen to the increase in the value of the estate, 76 A.L.R.2d 162.
Divorce property distribution: treatment and method of valuation of future interest in real estate or trust property not realized during marriage, 62 A.L.R.4th 107.
26 C.J.S. Deeds §§ 1, 117, 136; 31 C.J.S. Estates § 92.
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