Legal Question in Real Estate Law in New Mexico
Roadway easement access dispute
I purchased my property 5+ years ago. Along one property line there is a road that leads to two houses behind me. I occasionally use the road to access an area to the back of my property that is unaccessable otherwise. I recently replaced the old fence along that property line. The neighbor who actually owns the property the road is part of is disputing my right to the road now and claims I built on his property without his permission. He had a survey done which shows that most of the fence is exactly centered on the line, a short portion is to far over on my side, a short portion is too far over on his side (~6"). He is demanding that I block up the gate openings that allow my access, I sign an agreement stating I give up right to the land the fence is built on, and I pay him $1000 for his troubles. When I got the permit for the wall, county zoning told me that I didn't need permission because the road is listed on the zoning maps as "roadway easment". They told me my nighbor could not block my access. I have found out that the road is my nighbors property and he pays the tax on it. What are my rights to use the road and have I done something that warrants his reaction?
1 Answer from Attorneys
Re: Roadway easement access dispute
I THINK you are mostly in the right, based on what you said,
but you ought to hire a local lawyer.
I'm not sure about the
6" spillage into his property, though, but you might be okay on that, too,
where you have a legal right by easement to use that part of his property.
People do have to pay taxes on property that they own even if there are easements
across that property. If he wants to donate it to the county and they're willing,
he might be able to reduce his tax burden. But the point is that paying taxes
doesn't remove the easement. There's no 100% unfettered right to
use (zoned) property any way you want to because you own it and pay the taxes on it.
(Tell him you're building a nuclear power plant on your property and the noise from
it will deafen him in 1 week.)
As for what you did to cause it, a) you probably put up the fence without mentioning it to your neighbor,
which would piss me off, and b) you didn't cause him to become greedy and try to get something (removal of
the easement and reduction of your access) by intimidating you.
Good luck. At least TALK to a local lawyer, PLEASE.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
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