The owner of what is known as a valid claim or improvement under the laws of this state, on public lands of the United States, shall be deemed in possession of a transferable interest therein, and any sale of such improvement shall be considered a sufficient consideration to support a promise: provided, that no such sale shall be valid to convey such improvement when made by the head of a family, unless the wife of the vendor, if any there be, shall give her consent thereto: and provided, also, that such land and the claim thereto shall be exempt from forced sale under execution.

History: Laws 1851-1852, p. 274; C.L. 1865, ch. 86 (2d), § 1; C.L. 1884, § 2571; C.L. 1897, § 3745; Code 1915, § 4634; C.S. 1929, § 111-107; 1941 Comp., § 8-303; 1953 Comp., § 7-3-3.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For joinder of spouses required for transfers of real property, see 40-3-13 to 40-3-16 NMSA 1978.

For provisions on homestead exemption, see 42-10-9 to 42-10-11 NMSA 1978.

For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.

For form for claim of exemptions on executions, see Rule 4-803 NMRA.

For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA.

For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.

For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.

For form for claim of exemption from garnishment, see Rule 4-809 NMRA.

Water right is not improvement on land. First State Bank v. McNew, 1928-NMSC-040, 33 N.M. 414, 269 P. 56, overruled by Walker v. United States, 2007-NMSC-038, 142. N.M. 45, 162 P.3d 882.

Removal of improvements. — This section does not attempt to give the owner of improvements upon public lands the right to remove the same, after such lands have passed into the possession of a bona fide entryman or purchaser from the government. Patterson v. Chaney, 1918-NMSC-077, 24 N.M. 156, 173 P. 859, distinguished in McCool v. Ward, 1949-NMSC-059, 53 N.M. 467, 211 P.2d 131.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Rights as between adverse claimants to improvements placed on public lands, 6 A.L.R. 95.

Betterment or Occupying Claimant Acts as available to plaintiff seeking affirmative relief, 137 A.L.R. 1078.

73A C.J.S. Public Lands § 41.