New Mexico Statewide Rule
New Mexico Adverse Possession (Squatters Rights)
Key Facts
- Possession period
- 10 years continuous (NMSA 37-1-22)
- Color of title
- Required: written instrument describing the land
- Tax requirement
- Must continuously pay all state, county, and municipal taxes
- Good faith
- Possession must be in good faith and hostile
Summary
New Mexico requires 10 years of continuous, good-faith adverse possession under color of title plus continuous payment of all state, county, and municipal taxes before title can be claimed (NMSA 37-1-22). All three elements are required, making successful squatter claims rare.
In all cases where any person or persons, their children, heirs or assigns, shall have had adverse possession continuously and in good faith under color of title for ten years of any lands, tenements or hereditaments and no claim by suit in law or equity effectually prosecuted shall have been set up or made to the said lands, tenements or hereditaments, within the aforesaid time of ten years, then and in that case, the person or persons, their children, heirs or assigns, so holding adverse possession as aforesaid, shall be entitled to keep and hold in possession such quantity of lands as shall be specified and described in some writing purporting to give color of title to such adverse occupant, in preference to all, and against all, and all manner of person or persons whatsoever
Full Breakdown
NMSA 37-1-22 bars an action to recover land after a person has 'had adverse possession continuously and in good faith under color of title for ten years.' The statute defines adverse possession as 'an actual and visible appropriation of land, commenced and continued under a color of title and claim of right inconsistent with and hostile to the claim of another,' and adds that adverse possession is not established 'unless the party claiming adverse possession... have for the period mentioned in this section continuously paid all the taxes, state, county and municipal... assessed against the property.' A claimant must therefore show (1) ten years of continuous, hostile, good-faith possession, (2) color of title: a written instrument purporting to convey the land, and (3) continuous payment of all taxes for the full ten years.
Violations & Penalties
No specific statutory penalty. An occupant who fails to meet the 10-year term, color-of-title, or tax-payment requirements has no ownership claim and is removed by court action; the true owner pursues ejectment or restitution.
Frequently Asked Questions
How long before a squatter can claim property in New Mexico?
Does paying property taxes give a squatter rights in New Mexico?
Sources
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