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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In New Mexico, a right of way is a type of easement that grants the holder the right to travel across another person's property for a specific purpose, such as accessing a public road or highway. This right can be established in various ways, including by express grant in a deed, by necessity (when a property is landlocked and has no other access to a public road), by prescription (through continuous and open use over a period of time, typically for a period of 10 years in New Mexico), or by implication (from the circumstances of the property division). Rights of way can be granted to individuals, groups, or the public, and they are legally binding. The specific terms and conditions of the easement, including maintenance responsibilities and the extent of the use, are typically outlined in the agreement or deed granting the easement. New Mexico statutes and case law govern the creation, interpretation, and enforcement of rights of way and easements.

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Real property

right of way easement

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New-Mexico State Code

Real property

right of way easement

New-Mexico State Code

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