Legal Question in Wills and Trusts in New Mexico
My nighbor has a privet easement on there land to make it easy to get to the main road out, my fence has been hit twice in the last mounth how many time can my fence be hit before the road or privet easment can be closed and where can I find this information? The easment is about 18 feet wide.
Asked on 12/22/11, 6:43 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
There is likely nothing you can do about the easement unless you gave it, in which case you can rescind it if the terms of the easement permit that. However the easement reads, the person who damaged your fence is responsible for the costs of repair. If not done voluntarily, a lawsuit in magistrate court (Metro Court in Albuquerque) is available to settle the fence matter without lawyers.
Answered on 1/03/12, 10:10 am