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caballo loco

Junior Member
What is the name of your state? New Mexico
I purchased a piece of property 5 years ago and there was not any documented access easement. The road that I use to access the property has been there for at least 40 years and has never had any type of restriction on it's use (signs, gates etc.). The road was constructed by oil companies to access the property that I and others own. There has never been an issue but I am wanting to sell the property and the buyer is concerned that the access could be denied someday. I have use the roads for at least 20 years to access a family members property before i purchased mine. Do I have legal access to this property? Can I be denied access?
 


justalayman

Senior Member
caballo loco said:
What is the name of your state? New Mexico
I purchased a piece of property 5 years ago and there was not any documented access easement. The road that I use to access the property has been there for at least 40 years and has never had any type of restriction on it's use (signs, gates etc.). The road was constructed by oil companies to access the property that I and others own. There has never been an issue but I am wanting to sell the property and the buyer is concerned that the access could be denied someday. I have use the roads for at least 20 years to access a family members property before i purchased mine. Do I have legal access to this property? Can I be denied access?
While you may have a prescriptive easement claim, many loan companies require a deeded access to property they loan money for. If anybody wishes to borrow money either for the property or to build on the property they may not be able to because of no deeded access.
 

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