Legal Question in Real Estate Law in New Mexico
Filing an Amicus Curiae
Jones, Smith (not their real names), and I belong to a water association. Jones is being sued by Smith who installed a water line across Jones' property (without Jones knowledge) even though Jones refused to grant an easement to Smith. The line is buried and has never been used since its installation 24 years ago. Jones' atty is afraid that the Court will permit the line by virtue of an equitable judgment, even though Smith has a legal easement elsewhere. If the line is permitted, its location will result in the diversion of water from my connection to Smith's connection resluting in outages during peak demand. As a pro se plaintiff, can I file an amicus-like petition,(brief-?) to alert the Court of the potential harm to me and others above the connection. If so, how?
1 Answer from Attorneys
Re: Filing an Amicus Curiae
A friend of the court "Amici" motion, application, case participation or brief, is possible, ONLY with the express permission of the Court.
Therefore, you must first file a motion to the Court requesting permission to file your or the water association "Amicus" papers, in a case.
In addition, you should note: that in order for an "adverse possession" or "easement" claim to succeed, the Court usually requires that the "claim" or "easement use" has been "open "notorius" and without opposition or interruption, by the owner of the land. And, an "easement" should not "injure" " damage" or otherwise infringe upon the owner's or other's ordinary land usuage rights. If the Water Association is a Corporations, it must be represented by a corporation officer or attorney.
You need not retain an attorney in order to CONSULT with one, before proceeding with your pro se applications.
Good luck,
Phroska L. McAlister,ESQ
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