Legal Access to your Ranch
Do you have legal access to your own ranch? Maybe, Maybe Not.
As a real estate attorney specializing in New Mexico ranches, one of the first things I investigate for my clients on any land deal is legal access. Legal access means having a right, by law to come and go from your property. This is often established through public roads that connect to your property or through an easement, which is a legal right to use another's land for a specific purpose. In the context of your ranch, ensuring legal access is vital.
In New Mexico, there are a lot of properties that do not have legal access. For example, a property parcel that requires driving through other parcels of private property in order to access your ranch. If there is no written easement allowing access through this private property, there is no legal access. Regardless of how long the previous owner has been using the road, there is no legal access. You may be able to establish an easement by prescription or an easement by necessity, but without going through the legal process, there is no legal access.
**Checking for Legal Access**
To determine if your ranch has legal access, you should:
1. Review the property deed and any related documents recorded with the county. These documents may explicitly state access rights.
2. Inspect the plat map for your area, available at the county recorder's office, which can show public roads and easements. In New Mexico, county roads are generally considered default legal access, however, federal roads like Forest Service and BLM are generally NOT considered legal access (with some exceptions).
3. Consult with a local attorney who can help interpret these documents and advise on your legal rights.
**Obtaining Legal Access**
If your ranch does not currently have legal access, there are several steps you can take:
1. Negotiate an easement with neighboring property owners. An easement provides you the right to use a portion of the neighbors land for access. This should be done BEFORE purchasing a land parcel or ranch and should always be done in writing.
2. If negotiation is unsuccessful, New Mexico law allows for the establishment of an easement by necessity or prescription. This legal principle is based on the idea that every piece of land should have access to a public road. Establishing such an easement typically requires legal action, and the necessity must be clearly demonstrated.
3. In some cases, you may petition the local government to establish or extend a public road to your property.
It is crucial to address the issue of legal access proactively to safeguard your rights and the monetary value of your ranch.