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  1. #1

    Default Fencing in Property

    I live in new mexico am buying my sister property and there is a paved road in the middle of our property that leads to a neighbor house we want to fence in all our property so they can use that road have toany issue with no privacy with him using the road thinking it is his own property when actually it is on our land. I would like to know if that is possible since it is paved but not legally a road. Also there is a small personal ditch on our property can we fence that in also because it is right in the moddle middle of our land. Or who can let me know what I can actually do.

  2. #2
    Join Date
    Nov 2013

    Default Re: Fencing in Property

    What you can do will depend on several issues. First is there an easement granted to the neighbor for the use the road to get to his house and for how long has the neighbor been using the road if there is no granted easement? Would the neighbor's property be landlocked without the road and what is the history of how the properties were created? Where they once a single piece of property ?

    Generally speaking, if there is an easement and it is non-exclusive then you can do what you like on your property as long as the neighbor can still use the road. If there is no granted easement, the neighbor may still have easement rights to use the road depending on the history.

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