Rio Rancho treats a fence that straddles a property line as a 'common fence,' jointly owned by both neighbors. Construction or modifications beyond routine maintenance require the written permission of each owner. The City requires a signed Letter of Consent to raise a shared wall or fence (Section 154.77(A)).
Rio Rancho Municipal Code Section 154.77(A) defines a COMMON FENCE as a fence that straddles a property line. For the purposes of the fence regulations, common fences are assumed to be jointly owned in their entirety by each property owner, and initial construction plus any modifications that require city approval beyond typical maintenance require the written permission of each property owner. To document this, the City's Development Services Department provides a Letter of Consent form on which the property owner of record grants written permission to the adjoining property owner for the sole purpose of raising the common wall or fence between the two properties; the form records both the legal description and the signatures. Fences may not be placed beyond property lines, and fences in the public right-of-way are strictly prohibited (Section 154.77(C)). Placing a fence within a recorded easement requires the written permission of the grantee to whom the easement is assigned. New Mexico has no statewide 'good neighbor' fence statute dividing cost, so these shared-fence obligations are governed by Rio Rancho's city ordinance plus private property and easement law. Disputes over boundary location are civil matters; the City's role is limited to zoning review and nuisance enforcement.
Modifying a common fence without the adjoining owner's written consent, or placing a fence beyond the property line, in the right-of-way, or within an easement without the grantee's permission, violates Section 154.77(C) and can trigger removal or enforcement.
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