Legal Question in Real Estate Law in New Mexico

I have bided on a vacant lot about a month ago and the seller acepted the bid. The seller provided a legal description of the lot, as per contract. I finded most of the corner pins except in one part. Per the description where the pins were missing a neigbor has encrouched into the emty lot about 16'x 238' roughly equalin .08 ac. Quesions; What is the grace period if someone occupy a area before it become thiers? I am wanting to come up with an estimate of the area of encrouchment and my troubles of dealing with ecroucher and re-bid base on this, is this good advice?


Asked on 3/14/12, 6:18 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

The period for adverse possession is 10 years. Other things are needed. There must be color of title, i.e., some colorable basis for the other guy being in possession. He needs to be paying taxes on the parcel, too, so check the land records. Since the seller is out of possession, you can bust the contract: no-one can force you to buy a lawsuit.

I don't know how much the total land is. If it's a full acre, sometimes you save the deal by reducing the price. There are twisty little problems here, so you might want to hire an attorney or a good realtor.

Read more
Answered on 3/15/12, 7:47 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Mexico