Legal Question in Real Estate Law in New Mexico

About 5 years ago I purchased two properties, each a one bedroom house, one in front of the other on a property in Santa Fe. We purchased these as "condominiums" and each one had its own purchase transaction and title. I would like to sell one of the houses/condominiums but am being challenged by neighbors that insist that I cannot sell one at a time due to a covenant put into place in 1938. What can I do?


Asked on 6/22/10, 3:19 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Consult a real estate lawyer. Covenants such as you describe are legally enforceable, but you need to make sure that you have the correct information. Only a title search will reveal if your neighbors are correct, or simply trying to bluff you into doing things their way.

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Answered on 7/02/10, 7:05 am


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