{"id":375098,"date":"2016-03-31T21:36:01","date_gmt":"2016-04-01T02:36:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-adverse-possession-laws.html"},"modified":"2016-06-20T19:51:08","modified_gmt":"2016-06-21T00:51:08","slug":"new-mexico-adverse-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-adverse-possession-laws.html","title":{"rendered":"New Mexico Adverse Possession Laws"},"content":{"rendered":"\n
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New Mexico Adverse Possession Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It\u2019s only natural to think that land we bought and paid for will be ours forever. And other than a few exceptions, that\u2019s true. One such exception is known as \u201cadverse possession,\u201d where a continual trespasser can gain legal title to property if they can meet certain additional conditions. <\/p>\n

This can sound pretty scary property owners, so how do adverse possession laws work in the Land of Enchantment? This is a basic overview of adverse possession laws in New Mexico.<\/p>\n

Adverse Possession Laws in General<\/h2>\n

It may be a shock to most laypeople, but the idea of "adverse possession<\/a>" is a fairly old legal doctrine that was designed to encourage landowners to make beneficial use of their land. Under most adverse possession laws, a trespasser must openly inhabit and improve a property, or even a small part, for a determined amount of time to gain legal title to the property. New Mexico law requires an individual to occupy property for at least 10 years before ownership could change hands.<\/p>\n

Adverse Possession in New Mexico<\/h2>\n

New Mexico\u2019s adverse possession statutes are highlighted below.<\/p>\n\n

Code Section<\/p>\n<\/td>\n

New Mexico Statutes 37-1-22<\/a>: Title in Fee Simple by Adverse Possession<\/p>\n<\/td>\n<\/tr>

Time Period Required for Occupation<\/p>\n<\/td>\n

10 yrs. and Color of Title\/Payment of Taxes: 10 yrs.<\/p>\n<\/td>\n<\/tr>

Time for Landowner to Challenge\/Effect of Landowner’s Disability<\/p>\n<\/td>\n

After disability lifted: 1 yr.<\/p>\n<\/td>\n<\/tr>

Improvements<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Payment of Taxes<\/p>\n<\/td>\n

Required<\/p>\n<\/td>\n<\/tr>

Title from Tax Assessor<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

In addition to the minimum time of occupation, there are four elements necessary for a legitimate claim for adverse possession:<\/p>\n