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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 3607
Experience:  30 years of experience.
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Where would you find a landlocked easement law in torrence

Customer Question

where would you find a landlocked easement law in torrence county new mexico i need a law book page number article number or a similar case so where would you find this information
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: this is in new mexico torrance county we need to get an easement to get to our property which is landlocked and the owners of the other iece we have to cross will not talk to us so we will be going to court and i need this information to prepare for a court case
JA: Has anything been filed or reported?
Customer: the last owners gave us a wriitn letter to cross the properrty so we could get to ours these an existing road my husbands famijly has been useing for over fifty years and his family has owned this property for about ninety years
JA: Anything else you want the lawyer to know before I connect you?
Customer: i just need to find a lawcase in a law book that i can use in court i need the book page paragragh and case or article number to take to court
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 5 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 5 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Here is a recent NM case discussing Easements:

http://law.justia.com/cases/new-mexico/supreme-court/1984/14933-0.html

You have one or more of two types of easements:

Express Easements - Express easements are created by deed, contract, or other written instrument. A well-written express easement identifies the location, use and duration of the easement - but the letter granting permission may very well be sufficient proof of your easement.

Easement by Necessity - An easement by necessity provides for a right of ingress to and egress from to a landlocked parcel.

Note that although the case I referenced did not find that an easement existed in that situation it is still usefulto you in describing the law of easements in NM and can be used by you. Also you can go to the law library and look up the case in the book - 680 P.2d 343 (1984). Once you have the case look at the paragraphs in the front of it where the points of law are described. These paragrahs are broken down into "Key Numbers." Ask the librarian how to cross reference the Key Number in the NM Digest. You will then have access to every NM case on Easements.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 5 months ago.
Ok i dont have a computer at home ill have to check it tomorrow thamks so much
Expert:  Gerald-Esquire replied 5 months ago.

You are welcome. Please let me know if you have any follow up questions.

Please do not forget to rate me - click the five stars. It adds nothing to your costs but it helps me greatly. Plus it is good Karma for you.

Kind regards,

Gerald

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