New Mexico Easement and Right of Way (For Roadway Allowing Access to Lands) In New Mexico, an easement and right of way for roadway allowing access to lands is a legally established right that grants individuals or entities the lawful use of another person's property for the purpose of accessing their own land. This type of easement ensures that landowners can access their properties even if their land is surrounded by other privately owned parcels. There are various types of New Mexico easements and rights of way for roadways that allow access to lands. These include: 1. Appurtenant Easement: An appurtenant easement is a right that benefits a specific property and is transferred with the ownership of that property. It grants the property owner or occupant the right to use a designated road or pathway to access their land. 2. Easement by Necessity: This type of easement is established when a property has no other reasonable means of access except by crossing another person's property. It typically arises when a landlocked parcel can only be reached through a road or pathway located on another person's land. 3. Easement by Prescription: An easement by prescription is acquired through continuous, open, and hostile use of another person's property for a specified period of time without the owner's permission. In New Mexico, this period is typically 10 years. If the requirements are met, the easement becomes legally recognized. 4. Express Easement: An express easement is created by an agreement between the landowner and the party seeking the right of way. This type of easement is typically documented in a deed or written agreement, outlining the specific terms and conditions under which the access can be used. 5. Public Easement: Public easements are established for roads or highways that are intended for public use. These roadways are owned and maintained by the government and provide access to private lands, as well as serve the public. It is important for landowners to be aware of these easements as they can affect property values, land use, and development plans. Easements and rights of way are recorded in the county or land records office where the property is located and should be considered during any real estate transactions or land development projects. Understanding the different types of New Mexico easements and rights of way for roadways allowing access to lands can help landowners navigate their legal rights and obligations. Professional consultation with an attorney or property expert is highly recommended ensuring compliance with regulations and to protect one's property interests.
New Mexico Easement and Right of Way (For Roadway Allowing Access to Lands)
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Easements in New Mexico are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another ? they provide pedestrian and/or vehicular access.
An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.
Easements are either ?appurtenant? or ?in gross.? An appurtenant easement benefits a specific parcel of land, known as the dominant estate. The parcel over which the easement runs is called the servient estate. An appurtenant easement attaches to the ownership of the dominant estate.
Appurtenance. noun. ap·?pur·?te·?nance ?-?p?rt-?n-?ns. : property (as an outbuilding or fixture) or a property right (as a right-of-way) that is incidental to a principal property and that passes with the principal property upon sale or transfer.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
The answer is - two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity; long-time unauthorized usage would lead to an easement by prescription.
