When any person claiming possession may have made, or may hereafter make, any valuable improvements on any land in this state, and any other person shall have taken, or may hereafter, in any manner, take from him or his assignor or assigns the possession of such improvements, or any part thereof, the person so taking possession shall be liable for the full value of such improvements so taken possession of, to the person who made the same, or to whom they may have been assigned: provided, the said possession and improvements shall not have been abandoned by the said person making the same, or those holding or claiming through him, for a greater period than six months immediately prior to so taking the possession thereof, and the value of said improvements shall be a lien upon the said improvements and the land in which they are situate until paid; as also upon all other real estate of the person so taking possession thereof situate in the same county.

History: Laws 1878, ch. 6, § 4; C.L. 1884, § 2582; C.L. 1897, § 3756; Code 1915, § 4376; C.S. 1929, § 105-1817; 1941 Comp., § 25-818; 1953 Comp., § 22-8-18.

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

Section supplemental to Section 42-4-17 NMSA 1978. — This section and Section 42-4-17 NMSA 1978 are supplemental to each other and do not afford distinct and different remedies. Speartex Grain Co. v. West, 1982-NMCA-082, 98 N.M. 91, 645 P.2d 447.

Color of title required to invoke section. — A lessee claiming to have made improvements must have color of title in order to utilize the lien provision of this section. Speartex Grain Co. v. West, 1982-NMCA-082, 98 N.M. 91, 645 P.2d 447.

For inapplicability of section to state lands. — All property placed on state land which became a part of the realty is the property of the state unless otherwise provided by law. Frank A. Hubbell Co. v. Curtis, 1936-NMSC-033, 40 N.M. 234, 58 P.2d 1163.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment §§ 19, 39.