Legal Question in Real Estate Law in New Mexico
home purchased 10 yrs ago
previous owner left a piece of stained glass in a bathroom window. In the contract he agreed to replace with ordinary glass but ordinary glass can not be used he was also to remove the stained glass at the end of his occupancy agreement. 10 yrs later he wants the stained glass. We had another window made and would like him to split the difference with us , the cost of the new window $400 he has refused and has said he will sue us if he does'nt get his window. What are my rights after 10yrs??
1 Answer from Attorneys
Re: home purchased 10 yrs ago
No one can definitely know what your rights are unless a judge determines them. A good guess would be that he has forfeited his right to the window because it was not removed within a reasonable time, and circumstances have changed such that a replacement window is an expensive proposition not contemplated when the contract was signed 10 years ago. You will have to decide how far you want to take the matter. Personally I would call his bluff, but you may get sued and have to find out in court what your rights actually are.
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