The transfer of property with on-site liquid waste systems is subject to regulations of the State of New Mexico Environment Department, which were amended effective September 1, 2005.  The regulations require an inspections of the on-site liquid waste prior to transfer and may require repairs.  Buyer and Seller should familiarize themselves with current regulatory requirements prior to entering into a contract.

If a property is not connected to a public sewer system, liquid waste disposal may he by private septic system, cesspool, or other system. The fact that nearby properties are connected to a sewer system is no guarantee that the subject property is also connected to that sewer system.

Individual septic systems can vary greatly as to quality and condition. If the system is underground, it cannot be inspected merely by a visual examination of the property. Some inspections are invasive and can actually damage the system. In some cases, the exact location of the system may not even be known. Odors, seepage on the surface of the land, back-up of waste lines in the home and other events may indicate problems with the system, but these signs may be intermittent or difficult to notice, particularly by a lay person. A system could be seriously deteriorated, poorly designed, or overloaded and not give any easily observable indications. Sellers and brokers are not generally familiar with the codes governing septic systems and normally would not know if the system were in compliance or not. In other words, a problem could exist that is unknown to the seller and the broker.

Problems can include failure to meet current code, insufficient capacity, failing or defective equipment, damage from improper use and maintenance, or problems with the tank, the pipes, or the leach field, to name a few. Plans to build, remodel or expand improvements on the property in the future may be subject to an adequate septic system. Necessary soil tests may be impossible during certain times of the year and the results may vary with weather and other conditions. Laws, ordinances and regulations governing septic systems may become more stringent in the future.

Even if no one were aware of problems, this does not mean that there are no problems, or that problems will not develop. A buyer should have a thorough inspection by a licensed expert. Even an inspection cannot, however, guarantee that the system will not fail in the future. Neither the seller nor the broker warrants the condition of the system or its compliance with any applicable laws or regulations.

If a public system becomes available, the property owner may be required to pay for a connection to that system; there is no guarantee, however, that a public system ever will be available. For questions or additional information, contact the New Mexico State Environment Department.

A property may or may not include water rights. Title to water rights, their location and permitted use, and any applicable restrictions should be independently verified by an expert employed by the buyer (such as an engineer, hydrologist, or qualified attorney). Water rights of record are subject to court decisions, laws, ordinances, rules, and regulations and compacts of the State of New Mexico and local governing bodies, including ditch associations and conservancy districts, and may also be subject to private contracts. Existence of water rights does not assure that water actually is or will be available or that legal or physical access to the water is available. Water rights that exist at the time of a purchase may be limited, altered or extinguished in the future as a result of court decisions, laws, ordinances, or regulations. Title insurance does not generally cover water rights. Neither seller nor broker makes any warranty with respect to water or water rights. For questions or additional information, contact the New Mexico State Engineer.

WELLS

If a property is not connected to a public water system, it may use a private, shared, or community well. A shared or community well may he subject to written or unwritten agreements governing water usage, maintenance and repair, testing, easements, periodic charges and reserves, etc. A buyer should carefully review any such agreements with an attorney. If there are no documents governing a shared or community well, the buyer should discuss the possible consequences with an attorney.

Well inspections can include a visual inspection; examination of the pump, other equipment, and well-house; and tests for flow and potability. As there is no "standard" test for potability, a buyer must normally specify all the substances that are of concern to the buyer and pay for each such test. Underground contamination from off-site or other conditions may affect the water quality in the future even if the water appears unaffected at the time of sale.

The condition and amount of the water may vary seasonally or with the weather. Indoor and outdoor water use may be subject to restrictions that could affect a buyer's ability to use the property as the buyer intends. Past performance of a well is no guarantee of future performance. Any well can go dry, and there is no guarantee that merely deepening the well or digging another well (if permitted) will result in an adequate supply of water.

The owner of the property may be required to pay to connect to a public or community water system or to install and pay for metering. There is no guarantee, however, that a public water system will be available in the event of a well failure; a buyer should investigate these alternatives.

If a public system becomes available, the property owner may be required to connect to that system. There can be no guarantee, however, that such a system ever will become available.

Neither the seller nor the broker makes any warranty concerning the well or water.

Note: Any laws governing these matters could change in the future, and there is no guarantee that a system permitted now would be permitted in the future.