Property Disputes in Las Cruces, NM
Property disputes in New Mexico are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Las Cruces, New Mexico. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Las Cruces, NM property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
New Mexico’s 3rd Judicial District Court has general jurisdiction over civil cases in Las Cruces. However, if your property dispute involves $10,000 or less, the Dona Ana County Magistrate Court may also have jurisdiction.
Common Types of Las Cruces, New Mexico Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Las Cruces where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Las Cruces, New Mexico Property Disputes
A common issue between Las Cruces neighbors involves branches or roots from one person’s tree encroaching onto an adjacent property. New Mexico common law allows a property owner to trim roots and branches up to their property line. However, this is only permissible if it can be done without damaging the tree. New Mexico case law holds that if you wait too long to trim the overhanging branches, you could lose the right to do so. Furthermore, damaging someone else’s tree in Las Cruces can result in both civil and criminal penalties.
Agricultural operations can be another source of property disputes. However, New Mexico’s Right to Farm Act protects many farms from nuisance lawsuits. As long as a Las Cruces agricultural operation or facility has been in place for at least a year, it can fall under the protections of the law. If a neighbor files a nuisance lawsuit, they must show that the farm operations are either negligent or illegal.
Legal Process for Boundary Disputes In Las Cruces, New Mexico
Has someone brought a property dispute against you in Las Cruces, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Las Cruces, NM property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
New Mexico does not have statutes specifically about fence and boundary disputes. Because of this, Las Cruces courts will apply common law principles to these cases. For example, a fence that runs along a property line is generally considered to be the responsibility of both property owners. In addition, the Las Cruces Municipal Code regulates the size, location, and maintenance of fences in the city.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Las Cruces, New Mexico can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
Your attorney will draft a letter to your neighbor outlining the property dispute. The letter will present them with an option to respond through a requested action or propose a reasonable settlement amount to resolve the issue out of court.
Your neighbor will likely share the letter with their attorney to gain clarity on the boundary dispute. From there, both attorneys will work together to determine the best path forward.
Going to Court or Reaching a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Las Cruces, NM property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.
Depending on the size of your Las Cruces property case, it will typically be handled by either New Mexico’s 3rd Judicial District Court or the Dona Ana County Magistrate Court.
Work With an Experienced Local Property Dispute Lawyer In Las Cruces, New Mexico
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Las Cruces property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across New Mexico state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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