New Mexico Party Wall Agreement

• Category: Contracts - Party Wall
• State: Multi-State
• Control #: US-00494BG
• Format: Word; Rich Text

Description

A party wall is a wall located on or at the division line between adjoining premises and used by adjoining landowners in the construction or maintenance of improvements on their respective properties. Generally, each owner of adjoining lands on which a party wall stands owns the part of the wall that stands on the owner's land and has an easement on the other part. Party wall interests are dependent on the terms of an agreement between the adjoining landowners. Unless the party wall agreement provides otherwise, the duration of the adjoining owners interests in the wall ordinarily continue as long as the wall stands. Party wall easements are terminated on the accidental destruction of the wall and, under some circumstances, on substantial changes in conditions of the neighborhood. The terms of the party wall agreement can provide for termination under other circumstances.



Since a party wall easement is an interest in land, it may be created by express deed drawn and executed with the same formalities as any other deed to real estate, or by a deed provision granting or reserving party wall interests. A contract, or provision in a contract, may also operate to create party wall interests. The following form is a general form establishing a party wall.

A New Mexico Party Wall Agreement is a legal document that outlines the rights and responsibilities of neighboring property owners in the state of New Mexico when it comes to shared or adjoining walls. In New Mexico, a party wall refers to a wall that is located on the boundary line between two properties or a wall that is shared by two or more property owners. These walls are commonly found in townhouses, duplexes, or properties that are in proximity. The purpose of a Party Wall Agreement is to establish the rights and obligations of each property owner in regard to the party wall. This agreement ensures that any necessary maintenance, repairs, or alterations to the party wall are carried out in a manner that minimizes inconvenience and disputes between the neighboring property owners. New Mexico recognizes two types of Party Wall Agreements: 1. Party Wall Award: This type of agreement is typically used when there is a dispute between the property owners regarding the party wall. A Party Wall Award is a legally binding decision made by an appointed surveyor or a panel of surveyors who assess the situation and determine the appropriate course of action. The surveyors ensure that the party wall is maintained or repaired in accordance with relevant building codes and regulations. 2. Party Wall Consent: This type of agreement is used when both property owners agree to the proposed works on the party wall. A Party Wall Consent does not require the appointment of surveyors, as the owners have already reached a mutual understanding and consent regarding the construction or alterations to the party wall. Both types of agreements include key elements such as the scope of the works to be carried out, the timeline for completion, the responsibilities of each property owner, and the provision for resolving any disputes that may arise during the process. It is crucial for property owners in New Mexico to abide by the terms and conditions set forth in the Party Wall Agreement to ensure a harmonious relationship and protect their legal rights.