Legal Question in Real Estate Law in New Mexico

Road Easement

I have an recorded 30 foot road easement through the neighboring ranch. The neighbor has fenced his ranch property and installed gates on the road easement. I then installed a cattle guard next to his gate (on the easement) for access without having to constantly open the gate. The sheriff is investigating whether I committed a crime. What is my status?


Asked on 3/12/09, 12:58 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Road Easement

He may not legally interfere with the reasonable use of your easement; you may not trespass upon his land outside of your easement. You are legally permitted to install a cattle guard on your easement, providing there is no prohibition in the easement language against you doing so. In any event, what you describe is not a crime.

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Answered on 3/12/09, 2:54 pm


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