Northern New Mexico is a fascinating area, one where the land has been settled and farmed and enjoyed for centuries. This antiquity has its own legacy. Here it is not uncommon for land to be handed down through generations of a family, with little attention to courthouse recording systems or accurate boundary surveys. There may even be multiple claims to ownership of the same tract of land. For these reasons, a clean title insurance policy is a necessity for future peace of mind.

If you are one of the many people thinking of buying land or a home in northern New Mexico for an investment or for a residence, here are some of the questions you should consider asking the seller, your broker and your attorney. One of the first questions should be that of access to the property. The fact that a road exists and you have driven on it to the available parcel or house does not automatically mean you have legal access. Anyone with a blader can create a road! Check for a recorded and permanent easement (the right to limited use of someone else's property) to the property you hope to buy. Or if none exists, check if the road is owned and maintained by the city or county.

If the road is a private easement, and not public, make sure that there is a shared road and maintenance agreement for all users of the road. This will detail your rights and obligations. If no agreement exists, request that the seller provide one.

If you hope to obtain a loan to purchase the property, most lenders typically require this sort of agreement. Be sure you understand and are comfortable with the assurances and obligations of this document.

Another question you should consider is whether the parcel is a "legal lot of record." Has it been split off from a larger parcel? It may have been split in good faith, but without the owner having gone through the requirements imposed by the city or county in the subdivision process.

If the property has been subdivided, request a copy of the subdivision plat. If you expect that certain utilities will be provided, make sure that the appropriate signatures of these utility companies appear on the plat as well as those of the city or county. The plat should be on record in the county courthouse or city hall. Look for recording data (book and page) and a seal.

What makes a parcel a "legal lot of record"?

A city parcel is considered a "legal lot of record" if it is evidenced by a deed or plat of record before 1962, when city zoning came in to place. A county parcel is a "legal lot of record" if the deed or survey was recorded before January 1, 1981. If a lot is created, in either locale, after these dates then signatures of the appropriate authority and utility providers need to be shown on the plat, indicating their approval.

If the parcel is outside the city, was the land subdivided after the County Development Code of January 1, 1981 which put specific limitations on water use depending on ground water availability?

If it is inside the city, does the lot meet the minimum size for the area's zoning? If not, is it "grandfathered" or created before zoning regulations came into being? And if the land is not a "legal lot" you will have trouble obtaining a building permit.

Does the seller really own what he is purporting to sell? It can happen that the seller has unintentionally shown you and his broker the wrong parcel of land. He may have been out of this area for a long time and honestly forgotten the exact location of the property he bought 15 years ago. And keep in mind that a fence line may not be the actual property boundary line.

The way to ensure that you are in fact buying what you are being shown is to request a new boundary survey with the corners staked and flagged. This is a necessity before you pay for the land, not afterward.

Give some thought to wind impact if you prefer an elevated site. And what of roads not yet built. Is one planned near your new home? City or County road and arterial plans should be reviewed.

Ask to see a copy of restrictive covenants imposed on the area in which you are interested. While covenants are created to protect everyone's value, there may be some which prevent your intended use of the property.

Is the adjacent land open and untouched? If so what can be built there? It's no fun to discover, after your purchase, that a commercial development or high density two story homes are allowable.

Are utilities available? Beware of the word "nearby" when the location of utilities is described. If a well is needed, ask for the average depth and yield (gallons per minute) of the closest operating wells. Also conduct a potability test to determine the water quality.

Your broker or real estate attorney should be aware of any recent changes in regulations concerning subdivisions, home occupation or mountainous area construction. Be sure to inquire. Changes occur frequently, often caused by heightened awareness of the fragility of our natural resources.