New Mexico Agreement between Adjoining Landowners to Maintain Partition Fence
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FAQ
Additionally, the state follows the common law practice that fences located on the actual boundary line belong to, and are the responsibility of, both owners (unless the property owners contract otherwise). This means that both owners must maintain the fence and share the costs of maintenance.
Rocks, protected plants or trees within four hundred yards of highway.] It is a petty misdemeanor to deface, without the written consent of the landowner, any rock, any plant defined in Section 76-8-1 NMSA 1978, or any dead or living tree within four hundred yards of any public highway.
?New Mexico's fence-out law is a common feature of several Western states, and has been described by New Mexico's courts as ?the common law of the west. The common law of England imposed a duty on the owner of livestock to fence cattle in, and no duty was placed on the adjoining landowner to fence them out.
FENCES AND WALLS?Fences and walls may not exceed three feet in height in the front yard and may not exceed eight feet in height in the side and rear yards. Fence and wall height is measured from lowest grade on either side.
Open Range. New Mexico is one of several states that are classified as an open range state. In Timberlake if you want to keep wandering livestock from your gardens or land, you will need to fence it and there are definite specifications on the different kinds of fences.