Dealing with a Neighbor's Septic Tank Leakage in New Mexico: Your Legal Guide The discovery of a septic tank leak from a neighbor’s property seeping onto your land is more than just an unpleasant smell; it's a serious issue that can impact your property value, health, and peace of mind. In New Mexico, such a situation carries significant legal implications. This guide will walk you through the essential steps and legal considerations to protect your property and rights. Understanding the Legal Theories in New Mexico When your neighbor's septic system leaks onto your property, several legal theories can apply, forming the basis of your claim for damages and requiring them to address the issue. ⚖️ Nuisance: This is perhaps the most common legal theory in septic leak cases. A private nuisance occurs when a person's use and enjoyment of their land is substantially and unreasonably interfered with by the actions of another. A leaking septic tank, with its associat...