Quote:
Originally Posted by Kibby
Actually - in some parts of the world (looks like N.M. is in that basket) - Landowner's "rights" are only what a Judge/Supreme Authority says they are. That pesky Constitution and Law stuff doesn't matter.
Reminds me of Laws in Costa Rica -- a Squatter can break into a home, and live there when there is an absent Landowner (ie a Vacation home) and if not detected within a few months.....
The Squatter has ownership. That's Central America. Who knows what goes on in the USA any more.
There is an old saying - "You can't fight City Hall" - a lot of validity in that unless you have enough money to actually Fight the Bureaucracy and the "Not my Problem" "judges" with a teeny tiny "j" that appear to have the authority to just ignore both LAW and the Supreme Court.
It's a Problem - Much of our (so called) Justice System is totally Corrupt.
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findlaw.com
Adverse Possession in New Mexico
New Mexico’s adverse possession statutes
Code Section: New Mexico Statutes 37-1-22: Title in Fee Simple by Adverse Possession
Time Period Required for Occupation: 10 yrs. and Color of Title/Payment of Taxes: 10 yrs.
Time for Landowner to Challenge/Effect of Landowner's Disability--after disability lifted: 1 yr.
Improvements: n/a
Payment of Taxes: required
Title from Tax Assessor: n/a
In addition to the minimum time of occupation, there are four elements necessary for a legitimate claim for adverse possession:
There must be a “hostile” claim: the trespasser must either:
1. make an honest mistake (like relying on an incorrect deed);
2. merely occupy the land (with or without knowledge that it is private property); or
3. be aware of his or her trespassing;
There must be actual possession: the trespasser must be physically present on the land, treating it as his or her own;
There must be open and notorious possession: the act of trespassing cannot be secret; and
There must be exclusive and continuous possession: the trespasser cannot share possession with others, and must be in possession of the land for an uninterrupted period of time.