Legal Question in Real Estate Law in New Mexico
Mom and her siblings inherited real estate in New Mexico thirty years ago. Mom has paid all taxes since. Her siblings have never offered to pay taxes and never expressed interest in property. Siblings know of property and Mom has discussed this with them. Mom and siblings have not been to property, it is 80 acres of desert with no road access.
Deed to property is still in Grandmothers name.
After thirty years of paying taxes does Mom have legal rights of ownership on property?
1 Answer from Attorneys
No, not beyond her proportionate interest as an heir.
What she can do is petition a court for partition. This results an a public auction sale. Normally, the heirs share the proceeds pari passu with their shares in the estate, but in this case, you would also ask for an accounting and that you be allowed at least the taxes paid tht ren't past the statute of limitations. The theory of the case is "unjust enrichment."
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