Lot lines

[jtrea]

What is the name of your state? New Mexico

I own a peice of property and the neighbors erected a fence on my side of the lot line. The fence has been there a number of years but now I's like them to remove it. Is there a law regading this? Is there some sore of statute of limitations because the fence has been there for a long time?

[HappyHusband]

Originally Posted by jtrea

New Mexico
Is there a law regading this?

It is called trespassing.
Que no?

[jtrea]

Could you be a little more descriptive? Is there somewhere I can find any laws regarding property boundary lines, etc.?

[pojo2]

Do you have a survey? How long has the fence been there? Not sure it matters but why do you want it removed now? What does the neighbor say when you tell him/her you want to remove it from your property? Not sure this matters either but how far on to your property is the fence erected?

[pojo2]

Originally Posted by HappyHusband

It is called trespassing.
Que no?

More information is needed to determine this is a FACT.

[jtrea]

I had the property surveyed about 10 years ago when I purchased it. The survey shows the fence is encroaching about 10 feet+/-. I want to sell now and have a potential buyer that wants it cleared up before we proceed. I have been paying taxes on the full lot including the encroached part and there has never been any discussions between me and the neighbor.

[justalayman]

It might be as simple as asking then to move it.
or;

Prescriptive easement might come in to play. How long has the fence actually been up?

10 years seems to be the magic number for prescriptive easement in New Mexico so you may have lost it by now. Let's hope everybody was aware of the situation and you gave permission for the fence to stay there for the time being.