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Property Keyed to Chase
Otero v. Pacheco
Citation:
94 N.M. 531, 612 P.2d 1335 (1980)Facts
In 1944, the Pachecos acquired title to lots 4 and 5 in Santa Fe. Their home was constructed partly on both lots, with a septic tank on lot 4. In 1950, the City of Santa Fe required them to connect to the newly installed sanitary sewer line on Taos Street, which bordered lot 4. The Pachecos installed a sewer line running from their home across lot 4 to connect to the Taos Street sewer line, as there was no sewer line along Cochiti Street, which bordered lot 5. In 1951, they built another house on the remaining part of lot 4 and connected it to the same sewer line. In 1953, they sold this house to Mrs. McAfoos without reserving an easement in the deed, though Mr. Pacheco claimed he verbally informed her about the shared sewer line. The property eventually passed to the Oteros in 1965, who testified they did not learn until 1974 that the sewer line serviced both properties.
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