A Restrictive Covenant, or CCR, is a clause in a deed or lease to real property that limits what the owner of the land or lease can do with the property.
This page is to provide information to property owners about the Restrictive Covenants in place in Timberon. Please be aware that The Timberon Development Council is NOT the responsible body for the covenants, nor do we attempt to enforce them or provide legal advice. It is up to the individual property owners.
One of the original members of the Timberon Protective Association, Jesse Duckett, still lives in Timberon and he was kind enough to provide this statement for us:
Quite often Timberon’s Restrictive Covenants come up for debate on this site. The restrictive covenants were put in place prior to the land being sold… right or wrong… good or bad…they will hanging over the head of every property owner forever. Prior non-enforcement does not affect them, and only one single individual owning property in your section can enforce compliance through the courts. They are the injured party… you have very little legal alternative. You will lose the case and legal fees. This has happened before, and will happen again. A court case may not happen in your lifetime, but do you want your heirs to deal with it? This is not a joke… the Restrictive Covenants will be around long after you are gone. The covenants for individual sections are not that hard to amend… just takes a little time, some money, and the agreement of the simple majority of the owners in that section. I am posting this because of the misinformation being spread on Facebook. The TPA (Timberon Protective Association) used to provide oversight for the covenants and help people make needed changes. I am the last surviving member of that organization and will help you however I can.
The covenants pertaining to real estate in Otero County can be found at the Otero County Assessors website.
Otero County NM website
https://www.co.otero.nm.us/
Otero County NM Assessor
https://www.co.otero.nm.us/213/Assessor
Otero County Subdivision Plat Maps and Surveys
https://www.co.otero.nm.us/222/Subdivision-Plat-Maps-Surveys
Otero County Clerk – Document Lookup
http://occlerk.co.otero.nm.us/CTWeb/login.aspx
Restrictive Covenants
https://www.co.otero.nm.us/DocumentCenter/Index/46
Septic Regulations
Septic (New Mexico State Liquid Waste Regulations)