New Mexico Affidavit by Owner of Driveway Encroaching on Neighbor's Property

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Multi-State
Control #:
US-01101BG
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Word; 
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Description

Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, and uninterrupted. In this form, a neighbor is recognizing by affidavit that his driveway encroaches on his neighbor's property and that he (the affiant) has and makes no claim to the property of his neighbor on which the driveway encroaches.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

New Mexico Affidavit by Owner of Driveway Encroaching on Neighbor's Property is a legal document used to address situations where a property owner's driveway or part of it extends onto their neighbor's property. This affidavit is created to establish the encroachment and seek the neighbor's permission for using their property, or to outline an agreement between both parties regarding the encroachment. There are two main types of New Mexico Affidavits by Owner of Driveway Encroaching on Neighbor's Property: 1. Permission-Based Affidavit: This type of affidavit is used when the property owner wants to obtain written permission from the neighbor whose land is being encroached upon. The affidavit will outline the details of the encroachment, such as the dimensions and location on the neighbor's property. It will also state that the neighbor has granted permission and acknowledges the encroachment. This affidavit helps to ensure legal protection for both parties involved. 2. Encroachment Agreement Affidavit: In situations where the property owner and neighbor have reached an agreement regarding the encroachment, an Encroachment Agreement Affidavit is used. This affidavit will include details of the agreement, such as any financial compensation, maintenance responsibilities, or other terms agreed upon. Both parties will sign the affidavit, indicating their understanding and acceptance of the terms outlined. Keywords: New Mexico, Affidavit, Owner, Driveway, Encroaching, Neighbor's Property, Permission-Based, Encroachment Agreement, Legal Document, Written Permission, Agreement, Dimensions, Location, Protection, Compensation, Maintenance Responsibilities, Terms, Encroachment.

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FAQ

Put up 'Private Property' or 'No Trespassing' signs that state trespassers will be prosecuted to deter entry. Build a fence or a wall, being sure to keep to your own property's boundary and seeking planning permission if necessary. If the trespassing persists, seek legal advice.

Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

Solutions to encroachment:Legal approach: One can always take the legal route to get an injunction order or eviction notice from the court to do away with the illicit possession of your property.Out of court settlement: Legal assistance is not only expensive but also time taking.

There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.

Encroachment ExamplesUnlawfully entering, trespassing, or walking through a neighbor's property without first receiving permission.Building a fence that goes past your own property line and into your neighbor's.Possessing a tree or hedge that has branches that cross between property lines.More items...

What Can I Do About An Encroachment?Talk To Your Neighbor. Your neighbor may be willing to move whatever is on your property over to theirs if it's easily moveable, like a garden.Sell The Land To Your Neighbor.Go To Court.

Land encroachment is a process when someone violates an owner's property rights. A person enters a building or a property unlawfully or extends some part of the building into someone else's structure intentionally or unintentionally.

The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.

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New Mexico Affidavit by Owner of Driveway Encroaching on Neighbor's Property