2020 New Mexico Statutes
Chapter 47 - Property Law
Article 5 - Subdivisions Generally
Section 47-5-4 - [Conditions affecting use or occupancy of subdivided land; written disclosure prior to sale.]

It shall be unlawful to sell or lease until there has been disclosed in writing to the purchaser or lessee of a lot or parcel in the subdivided land, the following:

A. all restrictions or reservations of record which subject the subdivided land to any unusual conditions affecting its use or occupancy;

B. the fact that any street or road facilities have not been accepted for maintenance by a governmental agency when such is the case;

C. availability of public utilities in the subdivision including water, electricity, gas and telephone facilities;

D. if water is available only from subterranean sources the average depth of such water within the subdivision;

E. the complete price and financing terms or rental; and

F. the existence of blanket encumbrances, if any, on such subdivision, unless such blanket encumbrances provide for a proper release or subordination of said blanket encumbrances to such lot or parcel.

History: 1953 Comp., § 70-3-4, enacted by Laws 1963, ch. 217, § 4.

Acceptance is prerequisite to obligation to maintain. — The specific requirement of disclosure to a buyer regarding whether the county has accepted subdivision roads for maintenance confirms that the legislature intended county acceptance of roads for maintenance to be a prerequisite to a county obligation to maintain the subdivision roads. McGarry v. Scott, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608.

Statement that subdivider does not know average depth of subterranean water is not in compliance with the mandate of Subdivision D. 1964 Op. Att'y Gen. No. 64-05.

Expert opinion on water depth more appropriate than subdivider's drilling experience. — In order to comply with Subdivision D, the opinion of a qualified expert such as a qualified groundwater hydrologist would be more appropriate than the estimate of the subdivider based on the actual drilling of a well. 1964 Op. Att'y Gen. No. 64-05.

Law reviews. — For note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Res. J. 286 (1972).

For note, "Need for a Federal Policy in Indian Economic Development," see 2 N.M.L. Rev. 71 (1972).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 518 to 520.

Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573.

Waiver of right to enforce restrictive covenant by failure to object to other violations, 25 A.L.R.5th 123.

Laches or delay in bringing suit as affecting right to enforce restrictive building covenant, 25 A.L.R.5th 233.

91 C.J.S. Vendor and Purchaser § 65.