An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
New Mexico Sewer Easement: A Detailed Description A sewer easement in New Mexico refers to a legal right granted to a municipality or utility company to access a property owner's land for the purpose of installing, maintaining, repairing, or replacing sewer lines. It allows these entities to lay and maintain underground sewer lines, ensure proper drainage, and carry out necessary sewer system activities. Sewer easements are typically recorded in property deeds or through a separate agreement between the property owner and the entity responsible for the sewer system, such as a city or a utility district. The easement gives the holder the right to access the property and perform necessary sewer-related activities, even if it requires crossing or excavating on the landowner's property. New Mexico recognizes different types of sewer easements, depending on the specific needs and circumstances: 1. Easements for Public Sewer Systems: These types of easements are established for public sewer systems managed and maintained by municipal or county authorities. Through these easements, the public entities can access individual properties to lay sewer lines, inspect and maintain the system, and address any issues related to sewage disposal. 2. Utility Easements for Private Sewer Systems: In some areas, private entities or utility companies may manage sewer systems outside public control. These entities may obtain easements permitting them to access private properties to install, maintain, or repair sewer lines, ensuring proper functioning of the system. 3. Shared Easements: In certain cases, particularly in rural areas or shared developments, multiple property owners may hold shared easements for the purpose of maintaining a jointly owned sewer system. Jointly maintaining these systems prevents the need for multiple individual easements and allows for cost-sharing and coordinated maintenance efforts. It's crucial for property owners to be aware of the existence and terms of any sewer easement on their property. While easements provide the necessary infrastructure for sewage disposal, property owners maintain ownership of the land but must allow specified activities related to sewer system maintenance. Understanding the exact location, size, and scope of the easement is vital when planning any construction, landscaping, or renovations on the property, as any unauthorized alteration within the easement area may result in legal consequences. Before purchasing or modifying a property, it's recommended to conduct a thorough title search and consult with legal professionals to ensure complete awareness and compliance with any existing sewer easements. In summary, New Mexico sewer easements grant public entities or private utility companies the right to access, maintain, and repair sewer lines on private properties. Whether for public or private systems, property owners should be aware of these easements' presence and terms to ensure compliance and avoid potential legal issues.
