To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of his willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.
History: Laws 1982, ch. 27, § 26.
Compiler's notes. — This section is substantially similar to § 2-114 [Alternative A] of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
Two approaches are presented here as alternatives, since uniformity on this issue is not essential, and various states have adopted one approach or the other. Both theories recognize the fact that the actual physical boundaries may differ somewhat from what is shown on the plats and plans, and the practical effect of both is the same.
The easement approach of Alternative A creates easements for whatever discrepancies may arise, while the "monuments as boundaries" approach of Alternative B would make the title lines move to follow movement of the physical boundaries caused by such discrepancies or subsequent setting or shifting.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 15, 38.
31 C.J.S. Estates § 153 et seq.
Structure New Mexico Statutes
Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums
Section 47-7B-1 - Creation of condominium.
Section 47-7B-2 - Unit boundaries.
Section 47-7B-3 - Construction and validity of declaration and bylaws.
Section 47-7B-4 - Description of units.
Section 47-7B-5 - Contents of declaration.
Section 47-7B-6 - Leasehold condominiums.
Section 47-7B-7 - Allocation of common element interests; votes; common expense liabilities.
Section 47-7B-8 - Limited common elements.
Section 47-7B-9 - Plats and plans.
Section 47-7B-10 - Exercise of development rights.
Section 47-7B-11 - Alterations of units.
Section 47-7B-12 - Relocation of boundaries between adjoining units.
Section 47-7B-13 - Subdivision of units.
Section 47-7B-14 - Easement for encroachments.
Section 47-7B-15 - Use for sales purposes.
Section 47-7B-16 - Easement rights.
Section 47-7B-17 - Amendment of declaration.
Section 47-7B-18 - Termination of condominium.
Section 47-7B-19 - Rights of secured lenders.