New Mexico | Real Estate Law
Legal Question
I own a piece of property which I rent out. I visited the property to clean up after my last tenet and notice the fence appeared to be to close to the house. I have the plat from a survey I payed for about 7 years ago so I measured the distance from the property stake on the other side and it appears the fence is about 19 feet over on my property. I have had problems with the neighbor on that side before and am anxious about talking to him first. What would you recommend as the first step to take.
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Legal Answer
Send him a certified letter, return receipt, explaining the problem and enclosing a copy of your plat and measurements. Be sure to keep a legible copy of everything. Explain that his fence will have to be moved to the boundary line, and give him a deadline to get it done. 30-45 days should be sufficient.Since according to the facts you present the neighbor is deliberately encroaching on your property, and since you have had problems with him previously, he may not do this voluntarily. If he does not comply, consult a lawyer.
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Charles S. Aspinwall, J.D., LLC PO Bx 984 Los Lunas, NM 87031-0984
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