New Mexico Supreme Court
Amethyst Land Co., Inc., a New Mexico Corporation, Plaintiff-Respondent v. James F. Terhune and Elizabeth R…
May 12, 20146 N.M. 61
Summary
The court held that the easement-extinguishment agreement was valid between the original parties despite being recorded after the good-faith purchaser acquired the dominant parcel. The later purchaser initially received shelter under the recording statutes, but forfeited that protection by preparing and recording corrected deeds that incorporated the extinguishment agreement. The court therefore reversed the Court of Appeals and affirmed judgment for the adjoining landowners.