Real Estate Law
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Has the fence been treated as the property boundary, regardless of the true property lines?
How long has the fence been there?
Who initially put the fence up?
Ok, in NM if someone uses land for a statutorily prescribed amount of time, then they can claim legal ownership of it under the legal doctrine of adverse possession. In New Mexico the period of time for adverse possession must be at least ten (10) years. New Mexico Code Â§37-1-22
So if the fence was owned the neighbor, they can move it, but since that land it fenced was used for over the required amount of time by law, the person on the other side can legally claim ownership of it by filing a "quiet title" lawsuit against the neighbor and asking a judge to issue an order declaring them to be the formal legal owner of that area they used that legally belonged to the neighbor.