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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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If a fence is not on the property line can it be moved,

Customer Question

If a fence is not on the property line can it be moved, regardless how long it's been there?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has the fence been treated as the property boundary, regardless of the true property lines?

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How long has the fence been there?

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Who initially put the fence up?

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thanks

Barrister

Customer: replied 3 months ago.
25 yrs +, neighbor
Expert:  Barrister replied 3 months ago.

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 §37-1-22

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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.

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thanks

Barrister

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