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New Mexico Lien Law

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					  University of Arkansas School of Law




An Agricultural Law Research Project


      Statutory Agricultural Lien
          Rapid Finder Chart

      State of New Mexico

         Originally published 1993 by

             Martha L. Noble

              Updated 2008 by

         Elizabeth R. Springsteen

                      &

               Jennifer Fiser




      www.NationalAgLawCenter.org
                                        Rapid Finder Chart: Non-UCC Statutory Agricultural Liens

                                                      STATE OF NEW MEXICO



   TYPE OF LIEN /            LIEN CLAIMANT          ATTACHED          POSSESSION        FILING           DATE LIEN          EXPRESS
    CLAIMANT                                        PROPERTY           REQUIRED       REQUIRED           ATTACHES         STATUTORY
                                                                                                                           PRIORITY


LIEN FOR LABOR ON          PERSON WHO           WAGON, BUGGY OR           YES            NO            NOT SPECIFIED   PRIORITY AMONG
HORSE-DRAWN                PERFORMS LABOR ON    OTHER VEHICLE                                                          LIENS CREATED BY
VEHICLE. N.M. STAT.        A WAGON, BUGGY OR    FURNISHED WITH                                                         N.M. STAT.
ANN. §§ 48-3-2; 48-3-9     OTHER VEHICLE        LABOR                                                                  §§ 48-3-1 TO 48-3-15
TO 48-3-15 (2008).                                                                                                     IS FIXED BY THE
                                                                                                                       DATE NOTICE IS
                                                                                                                       SERVED OR A SUIT
                                                                                                                       IS FILED


BLACKSMITH’S LIEN.         PERSON WHO SHOES,    ANIMAL SHOD               YES            NO            NOT SPECIFIED   PRIORITY AMONG
N.M. STAT. ANN. §§ 48-     OR HAS EMPLOYEES                                                                            LIENS CREATED BY
3-4, 48-3-9 TO 48-3-15     SHOE, AN ANIMAL                                                                             N.M. STAT.
(2008).                                                                                                                §§48-3-1 TO 48-3-15
                                                                                                                       IS FIXED BY THE
                                                                                                                       DATE NOTICE IS
                                                                                                                       SERVED OR A SUIT
                                                                                                                       IS FILED


LIEN FOR BOARD,            PERSON WHO BOARDS    PROPERTY AND          NO, BUT       IF POSSESSION IS   NOT SPECIFIED   PRIORITY AMONG
FEED, SHELTER, OR          THE PROPERTY OR      LIVESTOCK FURNISHED   CLAIMANT      LOST, THE LIEN                     LIENS CREATED BY
PASTURE. N.M. STAT.        LIVESTOCK OF         FEED AND SHELTER      MAY           IS PRESERVED                       N.M. STAT.
ANN.                       OTHERS                                     PRESERVE      BY FILING A                        §§ 48-3-1 TO 48-3-15
§§ 48-3-7; 48-3-9 TO 48-                                              THE LIEN BY   LIEN                               IS FIXED BY THE
3-15 (2008).                                                          FILING        STATEMENT                          DATE NOTICE IS
                                                                                    WITH THE                           SERVED OR A SUIT
                                                                                    CLERK OF THE                       IS FILED
                                                                                    COUNTY IN
                                                                                    WHICH THE                          SUBJECT TO PRIOR
                                                                                    LIVESTOCK ARE                      RECORDED
                                                                                    LOCATED                            CHATTEL
                                                                                                                       MORTGAGES

LIEN OF COMMON             COMMON CARRIERS,     THINGS CARRIED            YES            NO            NOT SPECIFIED   PRIORITY AMONG
CARRIERS. N.M.             DEFINED AS PERSONS                                                                          LIENS CREATED BY
STAT. ANN.                 CARRYING GOODS OF                                                                           N.M. STAT.
§§ 48-3-8 TO 48-3-15       ANOTHER FOR HIRE                                                                            §§ 48-3-1 TO 48-3-15
(2008).                    OR PAY                                                                                      IS FIXED BY THE
                                                                                                                       DATE NOTICE IS
                                                                                                                       SERVED OR A SUIT
                                                                                                                       IS FILED


THRESHING LIEN.            OWNER OR LESSEE OF   GRAIN THRESHED FOR        NO        YES, WITH THE      COMMENCE-       PRIORITY OVER
N.M. STAT. ANN.            A THRESHING          ANOTHER PERSON                      CLERK OF THE       MENT OF         ALL LIENS AND
§§ 48-5-1 TO 48-5-3        MACHINE                                                  COUNTY WHERE       THRESHING       ENCUMBRANCES
(2008).                                                                             THE GRAIN WAS
                                                                                    GROWN
   TYPE OF LIEN /           LIEN CLAIMANT            ATTACHED          POSSESSION       FILING        DATE LIEN         EXPRESS
    CLAIMANT                                         PROPERTY           REQUIRED      REQUIRED        ATTACHES        STATUTORY
                                                                                                                       PRIORITY


HARVESTER’S LIEN.         INDIVIDUAL OR         HARVESTED CROPS              NO     YES, WITH THE   DATE OF            NONE
N. M. STAT. ANN. §§       COMPANY WHO                                               CLERK OF THE    HARVEST
48-5A-1 TO 48-5A-3        HARVESTS A CROP                                           COUNTY WHERE
(2008).                   FOR ANOTHER                                               THE CROP WAS
                                                                                    GROWN

AGRICULTURAL              PERSONS LEASING OR    CROPS GROWN ON               NO         NO          NOT SPECIFIED   DESIGNATED AS A
LANDLORD’S LIEN.          RENTING               RENTED PREMISES AND                                                 “PREFERENCE”
N.M. STAT. ANN. §§ 48-    AGRICULTURAL          ANIMALS, TOOLS AND                                                  LIEN
6-1 TO 48-6-16 (2008).    LANDS                 PROPERTY FURNISHED
                                                TO THE TENANT FOR
                                                GROWING AND
                                                PREPARING THE CROP
                                                FOR MARKET


LIEN ON ILLEGALLY         NEW MEXICO            CATTLE ILLEGALLY             NO         NO          NOT SPECIFIED   PRECEDENCE AND
IMPORTED CATTLE.          LIVESTOCK BOARD       IMPORTED INTO NEW                                                   PRIORITY OVER
N.M. STAT. ANN.                                 MEXICO                                                              OTHER LIENS AND
§§ 77-3-17 TO 77-3-18     ENTITY INJURED BY                                                                         ENCUMBRANCES
(2008)                    TRANSMISSION OF
                          DISEASE BY
                          ILLEGALLY
                          IMPORTED CATTLE

LIEN ON LIVESTOCK         OWNER, LESSEE OR      LIVESTOCK,                   NO         NO          NOT SPECIFIED      NONE
FOR TRESPASS IN A         CONTRACT              INCLUDING ALL
HERD LAW                  PURCHASER OF LAND     LIVESTOCK OF THE
DISTRICT.                 IN A HERD LAW         SAME KIND OR BRAND
§§ 77-12-5 (2008).        DISTRICT, WHOSE       OWNED BY THE
                          PROPERTY IS           OWNER OF THE
                          DAMAGED BY            TRESPASSING
                          TRESPASSING           LIVESTOCK
                          LIVESTOCK

LIEN ON LIVESTOCK         PERSON WHOSE          LIVESTOCK,                   NO         NO          NOT SPECIFIED      NONE
FOR TRESPASS ON           PROPERTY IS           INCLUDING ALL
FENCED LANDS. N.M.        DAMAGED BY            LIVESTOCK OF THE
STAT. ANN.                LIVESTOCK             SAME KIND AND
§ 77-16-3 (2008).         TRESPASSING ON        BRAND OWNED BY THE
                          CULTIVATED OR         OWNER OF THE
                          ENCLOSED GROUND       TRESPASSING
                          SURROUNDED BY A       LIVESTOCK
                          LEGAL FENCE

CARRIER’S LIEN.           WAREHOUSE             GOODS COVERED BY A     YES          ENFORCABLE BY   ENFORCABLE BY   ENFORCABLE BY
N.M. STAT. ANN. § 55-                           WAREHOUSE RECEIPT                   COMMERCIALLY    COMMERCIALLY    COMMERCIALLY
7-209- 55-7-210 (2008).                         OR STORAGE                          REASONABLE      REASONABLE      REASONABLE SALE
                                                AGREEMENT OR ON                     SALE            SALE
                                                PROCEEDS THEREOF


CARRIER’S LIEN.           CARRIER               GOODS COVERED BY A     YES          ENFORCABLE BY   ENFORCABLE BY   ENFORCABLE BY
N.M. STAT. ANN. § 55-                           BILL OF LADING OR ON                COMMERCIALLY    COMMERCIALLY    COMMERCIALLY
7-307- 55-7-308 (2008).                         PROCEEDS THEREOF                    REASONABLE      REASONABLE      REASONABLE SALE
                                                                                    SALE            SALE

                          This material is based on work supported by the U.S. Department of
                          Agriculture under Agreement No. 59-8201-9-115. Any opinions, findings,
                          conclusions, or recommendations expressed in this article are those of
                          the author and do not necessarily reflect the view of the U.S.
                          Department of Agriculture.

                                            NatAgLaw@uark.edu | (479) 575-7646

                                       www.NationalAgLawCenter.org

				
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