This form is a Judgment. The judgment provides that the plaintiffs/ counter defendants are entitled to a prescriptive easement for ingress and egress along an existing road. The judgment also provides that all relief requested by defendants in their counterclaim which was not specifically granted, other than those issues reserved for further hearing, are denied by the court.
New Mexico Judgment regarding Boundary Line Dispute
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Multi-State
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US-00748
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How to fill out Judgment Regarding Boundary Line Dispute?
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FAQ
The elements which must be proven to establish a boundary by acquiescence are: (1) the existence of adjoining land owners; (2) occupation up to a clear and certain line; (3) mutual recognition and acceptance in the line as a boundary; and (4) acceptance of the boundary for a long period of time.
Conder, 1967-NMSC-039, 77 N.M. 462, 423 P. 2d 985. Before title can ripen by adverse possession, three elements must be presented: (1) actual, visible, exclusive, hostile and continuous possession; (2) under color of title; and (3) for a period of 10 years. Payne Land & Livestock Co.
The statutory period for adverse possession in New Mexico is ten years. 3 This means that an owner of land must take action against someone within ten years of that person taking possession of the land in order to prevent the person from acquiring superior title.
Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.
Section 37-1-22 - Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes.
Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.
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.
In New Mexico, the required period of time to claim adverse possession of the land is 10 years of continuous possession.
