Legal Question in Real Estate Law in New Mexico

I purchased 10 acres From A's 180 acre parcel. I have a full ingress egress easement. A lost the remaining 170 acres to forclosure. B purchased the 170 acres from the bank and then fenced the 170 and put a gate across the road at the entrance to the 170 acres that leads to my 10 acres.B has installed a gate and locked it with a padlock. B has given me a key and is now forcing me to open and shut a locked gate in order for me to come and go to my property. Won't this change my easement from prescriptive to permissive over time if I allow this? What rights do I have? Thank you.

Asked on 10/17/13, 7:53 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Don't let the NY address confuse you; I make my money in NYC but I live in Santa Fe and I am a member of the NM Bar.

I would need to see the deed to you; is the easement included in your deed? Or are you accessing through an "easement of necessity?" Do you know when the mortgage that was foreclosed was recorded? Were you notified of the foreclosure suit? And do you know what the buyer intends to do with the 170 acres? Are you drawing water from a well on the property? And many more questions may arise. Feel free to write to me [email protected] or call 516-242-1453.

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Answered on 10/17/13, 8:26 am

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