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 guilt 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 at the property line (zero setback), but still does not cross 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 state case law that in this situation the wall belongs to the landowner whose property it is built on and 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. I just can't fing anything on this on the internet. I had previously researched this at the N.M Supreme Court Law Library.
1 Answer from Attorneys
It is the owner of the wall who has the sole responsibility to maintain it. It is his legal obligation to prevent anything on his property from trespassing onto yours.
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