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New Mexico Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Municipal Law for New Mexico on
Q: Is it legal to have a car repair shop in your residential garage here in New Mexico
T. Augustus Claus
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answered on Jul 31, 2023

In New Mexico, zoning regulations and local ordinances vary by city and county, so it's essential to check with your local government to determine if operating a car repair shop in your residential garage is permitted. Some areas may have specific zoning requirements or licensing regulations... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on
Q: What are my rights if a public road easement is on my property? As in a road cuts through my land with an easement.

I have a piece of land that is crossed by an abandoned railway easement. I have a description that says the south right of way of the railroad is also a public easement. What rights and responsibilities do I have, and who gets to use the easement and for what purposes?

Anthony M. Avery
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answered on Sep 13, 2024

You can file a Declaratory Judgment action to have the Easement declared abandoned and not constituting a property interest any more. But you will lose.

1 Answer | Asked in Family Law, Land Use & Zoning and Real Estate Law for New Mexico on
Q: Does a widower have entitlement to deseased family Land Grant land turned into a LLC

We have acres in a family Spanish land grant turned LLC. My sister passed. Does my brother in-law have entitlement or interest

Anthony M. Avery
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answered on Aug 2, 2023

You will need to hire a NM attorney to search the title and determine heirship. Recording an Affidavit of Heirship might establish a source of title. The LLC should be researched also: is it active?; should it be dissolved?; or is LLC a tenant in common with the other heirs?.

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for New Mexico on
Q: I found property but I have done research and have found out that the man who lived there has passed away in 2018,and

Apparently he didn't have any kids people that he would have left it to as far as I've been told it's been vacant for a very long time and nobody's really done anything except for them putting a sign that says substandable with black letters on the board that says no rest not... View More

Anthony M. Avery
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answered on May 22, 2023

Hire a NM attorney to search the title, then check on tax payments. An heirship determination will have to be made. If no tax sale or foreclosure is imminent, then try to purchase a Deed from all tenants in common heirs. Property may not be worth the trouble.

1 Answer | Asked in Environmental and Land Use & Zoning for New Mexico on
Q: What law pertains, Neighbor changed flow of storm water by blocking arroyo and thus causing damage to road and dwellings
Robert King Reges Jr.
Robert King Reges Jr.
answered on Jan 31, 2022

The first question you have to answer is whether New Mexico treats an "arroyo" as a "watercourse" or as a mere "drainway" for precipitation. Most states disallow blockage of a "watercourse" (bed, banks and reasonably consistent source of water) unless... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on
Q: What type of attorney do I need to speak to regarding a cell phone tower lease agreement and contract negotiations?
Carlos N. Martinez
Carlos N. Martinez
answered on Feb 18, 2019

You would best be served by an attorney that deals with business law, and contract negotiations. Any business law attorney worth their salt would be able to assist you in the above.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for New Mexico on
Q: How can I get a brother, who lives in another state, to move his trailer off of our mother's property in Hobbs, NM?

My mother is now residing in MO with another brother who has been trying to get my CA brother to move the trailer off of the lot for years. What can he do to compel our brother to move the trailer? Can he file any document and publish a notice in a local legal publication? Then have it removed... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 27, 2017

This is an issue for a New Mexico attorney. Under Michigan law, for example, one would serve a notice to quit, paying attention to special rules applicable to manufactured homes.

1 Answer | Asked in Land Use & Zoning for New Mexico on
Q: I keep having people from the electric, gas company etc. trample trees, shrubs and removing no/ trespass signs, can I do

I keep having people from gas company, electric company and construction company trample trees and shrubs without permission. have posted before but they remove them and do it anyway....what can I do? please help

Ms. Lee Boothby
Ms. Lee Boothby
answered on Jan 27, 2014

You need to take action at the time you know it happens. Log the date, write down what they did and photograph the damage. Then send a demand letter to the company that is destroying your property or stealing your sign and tell them to cease and desist and that if they continue you will file a... View More

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