Squatters Rights in New Mexico & Adverse Possession Laws (2024)

For property owners in New Mexico, squatters can bring a whole host of issues with them. In fact, if left alone at unmonitored properties for long enough, squatters may even have a legitimate claim to property ownership through adverse possession.

It’s essential to know these laws because Squatters’ rights in New Mexico have surfaced in various cases throughout the state, especially in rural or low-population areas where vacant properties are common.

In the following article, we’ll explore the ins and outs of New Mexico landlord-tenant laws, squatter rights, and what adverse possession entails.

Keep reading to gain the knowledge you need to safeguard your properties.

Trespassers vs. Squatters

Despite their relatedness, there’s a key distinction between trespassers and squatters:

• Trespassers enter someone’s property without permission, typically for a short period and with no intention of staying. Law enforcement can usually remove them at a landlord’s prompt request.
• Squatters, on the other hand, enter unoccupied property without permission but intend to live there long-term. Removing established squatters is more challenging and often requires following a formal eviction process.

Keep in mind that if you discover a trespasser on your property, contacting law enforcement should be an immediate priority to prevent them from establishing themselves as squatters.

Legality of Squatting in New Mexico

Squatting in New Mexico is generally illegal. However, some squatters have the legal doctrine of adverse possession at their disposal, which allows them to establish a legal claim to the property.

If they cannot successfully claim adverse possession, the legal consequences for squatting include fines, forced removal, and potential civil actions brought by a property owner, which itself can be a burden to said owners.

The best defense against squatters is to address trespassing issues early on. Early detection is critical to preventing squatters from gaining legal grounds under New Mexico’s adverse possession laws, thus saving landlords the potentially extensive expense of time, energy, and money.

Squatters Rights and Adverse Possession Laws in New Mexico

Adverse possession is a long-established legal doctrine that enables individuals to claim ownership of a property they have occupied continuously under several specific, legally defined conditions.

These laws can vary significantly between states, meaning squatters must meet New Mexico’s particular set of requirements before they can rightfully lay claim to a property. For New Mexico landlords, understanding the finer points of the laws surrounding adverse possession can prove critical as they work to protect their properties.

How New Mexico Squatters Can Legally Claim Property Through Adverse Possession

Even though adverse possession claims are essentially the worst-case scenario for landlords, their requirements are almost always hard to fulfill. Landlords can easily avoid losing properties by actively managing and regularly inspecting properties.

Under New Mexico law, squatters must meet the following occupation requirements:

• Actual Possession: Occupants must be physically present and actually use the property.
• Hostile: Occupation must be without the owner’s permission.
• Open and Notorious: The occupation must be obvious, meaning the owner and neighbors could feasibly discover it.
• Exclusive: Possession has been maintained by a single party.

Alongside these conditions, squatters must occupy a property for 10 years, have color of title, and pay property taxes for that length of time to have any hope of winning adverse possession claims.

Landlord Rights & Responsibilities

New Mexico landlords have the right to protect their properties from unauthorized occupants. By the same token, they’re responsible for monitoring their vacant properties to prevent unwanted occupation.

At the first sign of a trespasser or squatter, landlords should be quick to follow the appropriate procedures for removal to avoid opening the door to an adverse possession claim.

Squatters Rights & Responsibilities

Some individuals are within their squatters rights in New Mexico to claim property through adverse possession, but only if they meet strict legal criteria. All the while, these same squatters have a number of responsibilities to meet, including property damage avoidance, as their rights can be voided by harmful behavior or intentional destruction.

How to Evict Squatters in New Mexico

Evicting squatters in New Mexico is a multistep process that landlords must abide by to remove unauthorized individuals legally. Those steps include:

• Sending Notice: Landlords can start the eviction process for unpaid rent, breach of lease, or the desired end to a month-to-month tenancy.
• Waiting to Hear from the Tenant: Landlords must give tenants time to respond to, if not cure, the notice. Depending on the reason for the notice, this period could last between 3 and 30 days.
• Filing in Court: If the tenant fails to respond, the owner may file a Petition for Restitution in court.
• Serving the Tenant: Landlords have several options to serve a court summons to the tenant.
• Attending the Hearing: Once the summons is served correctly, a hearing will typically be held between 7 and 10 days afterward.
• Executing a Writ: Should a judge rule in the landlord’s favor with a writ of possession, a sheriff may then be directed to aid in repossession of the property.

Sometimes, negotiating a cash-for-keys agreement with squatters may be an effective way to expedite their departure without the time and expenses of formal eviction. Although seemingly unappealing, it may save landlords from court fees, lost rental income, and further complications related to reclaiming the property.

We must note that self-help evictions, in which landlords essentially attempt to take the law into their own hands, are illegal in New Mexico. Landlords should always use the formal legal process for evictions to avoid possible penalties.

Legal Help for Landlords in New Mexico

Several resources are available to help landlords should they face any issues with those claiming squatters rights in New Mexico—resources that include the following:

• New Mexico Legal Aid: Assists qualified landlords facing legal matters, including trespassing or squatter disputes
• State Bar of New Mexico: Offers referrals to attorneys specializing in real estate and landlord-tenant law
• New Mexico Landlord-Tenant Hotline: Responds to inquiries and provides additional resources to deal with issues that arise from squatting
• EZ Evict USA: If eviction becomes necessary, TurboTenant’s partner, EZ Evict, can help landlords navigate New Mexico’s eviction process, simplifying document management and court procedures.

Preventing Future Squatter Situations

There are actionable steps that landlords can take to prevent squatters from entering and occupying their properties. Here are just some of the tips we recommend:

• Monitor your properties regularly: Visit and inspect properties routinely, if not frequently, especially if they’re vacant.
• Properly secure your properties: Heavy-duty locks, reinforced windows, or fencing make entering the property more difficult, discouraging squatters from attempting to occupy it in the first place.
• Install Remote Surveillance Systems: Cameras and motion sensors offer real-time updates, allowing landlords to monitor properties without being physically present. Many systems can even alert you of unusual activity, helping you respond quickly.
• Keep properties well-maintained: Visible upkeep indicates that the property is actively managed, helping to deter potential squatters.
• Enlist the help of neighbors: It is beneficial to cultivate good relationships with nearby property owners or tenants. Neighbors who are aware of the property’s typical activity can alert you to any unusual presence or behavior.

Implementing these steps can reduce the likelihood of squatting and limit exposure to those claiming squatters rights in New Mexico.

How Property Management Software Can Help

Modern property management software, like TurboTenant, can play an invaluable role in helping landlords fill vacancies efficiently. It helps to minimize the time that properties are left unoccupied and, therefore, vulnerable to those who wish to take advantage of squatters rights in New Mexico.

TurboTenant offers a suite of tools that streamline critical areas of property management, including:

• Rental Advertising: Landlords can market properties across multiple platforms with a single click, reaching more potential qualified tenants and quickly reducing vacancy times.
• New Mexico-Compliant Lease Agreements: TurboTenant’s software generates lease agreements tailored to New Mexico’s specific landlord-tenant laws.
• Simplified Rental Applications: The platform’s application management system allows landlords to collect and review applications in one place, speeding up an otherwise tedious process.
• Comprehensive Tenant Screening: TurboTenant offers extensive screening options, including background checks and credit reports, which help landlords select reliable tenants who are less likely to miss rent payments or abandon the property.

With these tools, landlords gain an effective ally in managing their properties and reduce the risk of squatting. Sign up for a free TurboTenant account today to see how technology can simplify property management and provide peace of mind.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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