Legal Question in Real Estate Law in New Mexico

Specifically for New Mexico I need to know the law on whose responsibility it is to maintain a retaining wall that is built entirely on the upper landowner's property and was built by them or the previous homeowner. I had a survey done and the wall as well as a portion of their home is right wiithin property line (zero setback), but does not cross or straddle the boundary / property line at all. I had a survey done years ago that shows the wall to be entirely in their property. At that time I also read in .N.M. state case law that in this situation the wall belongs to the landowner whose property it is built on. It's constructed for the retention of their land from spilling over to the lower landownwr's property and that it is the upper landowner's responsibility to mainatin it. I just can't find anything on this on the internet. I had previously researched this at the N.M Supreme Court Law Library. This upper landowner previously asked me to pay for half of a poured concrete wall (poured over a not very secure stone wall with erosionj problems-not very smart), and I refused based on the fact that it is her wall and her responsibility. If I had a wall on my property for retaining purposes or otherwise, I would considerit my sole responsibility for it's maintenance or if I desired, it's complete removal. So the question is whose responsibility is a retaining wall when it is built entirely on the upper landowner's property.

Asked on 11/07/10, 2:12 am

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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It is her sole legal responsibility unless there is an agreement in writing providing something different.

Answered on 11/17/10, 12:14 pm

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