All powers of attorney or other writings containing authority to convey real estate, as agent or attorney of the owner of the same, or to execute, as agent for another, any conveyance of real estate, or by which real estate may be affected in law, or equity, shall be acknowledged, certified, filed and recorded, as other writings conveying or affecting real estate are required to be acknowledged. No such power of attorney, or other writing, filed and recorded in the manner prescribed in this section, shall be considered revoked by any act of the party executing the same, until the instrument of writing revoking the same, duly acknowledged and certified to, shall be filed for record and recorded in the office of the county clerk where said power of attorney or other writing is filed and recorded.
History: Laws 1901, ch. 62, § 21; Code 1915, § 4774; C.S. 1929, § 117-118; 1941 Comp., § 75-106; 1953 Comp., § 70-1-6.
Cross references. — For acknowledgements, see 14-14-1 to 14-14-11 NMSA 1978.
Requirements for power to convey same as requirements for conveyance. — In order to give validity to a conveyance of lands under power of attorney, the power to convey must possess the same requisites and observe the same solemnities as are necessary in the deed directly conveying the land, and the only recognizable exception to the rule is where the execution by the agent or attorney is in the presence of and by the direction of the principal. Miera v. Miera, 1919-NMSC-016, 25 N.M. 299, 181 P. 583.
Law reviews. — For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M. L. Rev. 1 (1974).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of execution of deed by agent or attorney in fact in name of principal without his own name appearing, 96 A.L.R. 1252.
Power of attorney under which deed or mortgage is executed, necessity of recording of, 114 A.L.R. 660.
2A C.J.S. Agency § 27.
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