Full question:
I have a fence on a property line that has been there 24 years, a recent survey determined the fence is encroaching. Is the property line and fence legally accuiessed?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: New Mexico
Answer:
Adverse possession allows a person to acquire title to land owned by another through specific actions over a set period, which varies by state. Generally, these actions must be continuous, open, notorious, exclusive, and hostile, giving the true owner a chance to contest the claim. Factors like paying property taxes and making improvements can support an adverse possession claim, but they cannot be used by someone without any title claim other than possession.
Some states require that the possessor believes they have the right to the land, known as 'color of title.' Additionally, many states mandate the payment of property taxes for a specified time. In New Mexico, for example, a person must have continuous adverse possession under color of title for ten years to claim ownership (N.M. Stat. § 37-1-22). If the actual owner does not contest the claim within that time, they may lose their rights to the property.
In your case, if the fence has been in place for 24 years, you may have grounds for an adverse possession claim, but you should consult a legal professional to evaluate your specific situation and the laws applicable in your state.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.