Squatters’ rights and adverse possession in New Mexico can quickly turn into a serious headache for landlords. Just imagine someone moving into a vacant Albuquerque apartment, changing the locks, and claiming the right to stay, thereby forcing the landlord to seek an eviction while months of rent slip away.
In this article, we’re going over New Mexico squatter laws, adverse possession timelines, eviction steps, and potential prevention strategies. Keep reading to protect your property before a minor issue becomes a costly legal battle.
What is a squatter?
A squatter occupies a property without the owner’s permission and does not have a valid lease agreement. Squatters move in without signing documents, paying rent, or receiving authorization, yet they may still attempt to claim legal rights after an extended stay.
In New Mexico, a squatter could move into a vacant home, bring in personal belongings, and start receiving mail there. They never signed a lease, paid rent, or obtained the owner’s permission, making them a squatter under state law.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters because each leads to different legal steps.
Squatters
- Take up residence without permission and stay for an extended period of time
- Attempt to claim the right to stay or even own the property
- Landlords can only remove them via eviction
Trespassers
- Enter a property without permission and typically leave quickly
- Do not attempt to claim the right to ownership or long-term occupancy
- Law enforcement can remove them on the spot
Squatters attempt to establish a case for possession, while trespassers intrude only briefly. This difference determines whether landlords must evict or can seek immediate removal.
What are squatters’ rights?
Squatters’ rights in New Mexico refer to the limited legal protections that an unauthorized occupant can gain by meeting certain conditions over an extended time period. These rules are tied to New Mexico’s adverse possession laws.
In New Mexico, squatters’ rights force landlords to follow strict legal procedures for removal. Property owners dealing with squatters must file for eviction and prove ownership, which can lead to costly delays and increase the risk of property misuse or damage.
Can a squatter actually claim legal rights to a property?
Although it may sound unfathomable, squatters can claim legal rights to a property in New Mexico under specific circumstances. The process requires strict proof and years of occupancy, however, so landlords who monitor their properties and act quickly can stop squatters from gaining ground.
Adverse Possession Laws in New Mexico
Adverse possession in New Mexico allows a squatter to pursue legal title to property they don’t own. There’s a catch, though: squatters must be able to prove that their residence meets strict conditions. For a squatter to achieve adverse possession in New Mexico, their occupancy must be:
Actual: The squatter must use the land as an owner would, such as by living there or making improvements, rather than merely passing through.
Open and notorious: The squatter must make their occupancy obvious enough that the owner could reasonably notice someone else is treating the property as their own.
Hostile: The squatter must live on the property without the owner’s permission and against the owner’s rights, so they cannot obtain any form of approval.
Exclusive: The squatter must live alone on the property and cannot share it with the original owner, members of the public, or renters.
Continuous: In New Mexico, the squatter has to occupy the property in good faith for at least 10 continuous years, with no absences or breaks.
Supporting law: New Mexico Statutes § 37-1-22
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in New Mexico, a squatter must occupy a property continuously and without interruption for at least 10 years while meeting all statutory requirements. An absence or an eviction resets the clock, even if the squatter comes back later.
For example, a squatter who lives in a vacant Las Cruces home for 6 years, then leaves for several months before coming back, would not qualify. That interruption would defeat any adverse possession claim and requires the squatter to start building their claim again.
Supporting law: New Mexico Statutes § 37-1-22
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a written document that appears to grant ownership but contains a legal defect, such as an improperly recorded deed for a rural New Mexico property.
In addition to the conditions above, New Mexico law requires that squatters hold a color of title for all 10 years to successfully claim adverse possession. Holding a color of title does not shorten the occupancy time requirement, but without a defective written instrument, the claim will fail.
Supporting law: New Mexico Statutes § 37-1-22
Does the squatter have to pay property taxes for adverse possession in New Mexico?
As in many states, New Mexico’s adverse possession laws require payment of property taxes. To qualify for adverse possession, a squatter must pay property taxes for 10 continuous years, in addition to the above conditions.
Paying property taxes does not shorten the occupancy period or replace any of the other conditions for adverse possession in New Mexico, so squatters still have to satisfy the full 10-year continuous possession requirement. Landlords should always stay current on tax payments to prevent ownership disputes.
Supporting law: New Mexico Statutes § 37-1-22
How to Legally Remove Squatters from Your Property
Landlords need to follow specific legal steps to remove a squatter from a vacant New Mexico property. Understanding the process now helps you avoid delays and potentially costly mistakes down the road.
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you can do so safely, you might be able to resolve your squatter situation through direct communication. Your options include offering a cash-for-keys agreement, helping with moving costs, or setting a firm move-out date. These approaches can save you time and stress by avoiding court filings.
Important: Never try to remove a squatter on your own. Actions like changing locks, shutting off utilities, removing belongings, or making threats count as illegal self-help eviction and can trigger fines or derail your case. Courts often side against landlords who take these steps.
Step 2: Get in Touch With Local Law Enforcement
Landlords can also contact local law enforcement and request that officers visit the property. If police speak to the occupant and determine they qualify as a trespasser rather than a squatter, officers may remove them immediately, ending the issue before formal eviction becomes necessary.
Step 3: Serve the Squatter a 3-Day Notice to Quit
If law enforcement cannot remove the occupant, you’ll have to evict the squatter as if they were a tenant. Start by serving a 3-Day Notice to Quit, which gives the squatter written notice to leave voluntarily before you file for an eviction.
Step 4: File a Petition by Owner for Restitution Against the Squatter
If the notice deadline passes and the squatter still refuses to leave, file a Petition by Owner for Restitution in the court that serves your rental property’s county. This sets a court hearing date and begins the New Mexico eviction process.
Step 5: Present Your Case in Front of a Judge
To support your case, bring clear proof of squatting and your rightful ownership. You can easily establish ownership and prove unauthorized occupancy with evidence like the following:
- Proof of ownership, such as a recorded deed or property tax bill
- Photos or videos showing the squatter living on the property
- Utility records or mail addressed to the squatter at the property
- Written notices, police reports, or witness statements
The squatter will also have an opportunity to make their own argument. They may present a color of title, property tax payment records, or evidence of long-term possession. However, you should be able to easily defeat these claims if you come prepared.
Step 6: Obtain a Writ of Restitution, Authorizing Removal of the Squatter
If the judge rules for you, the court will enter a Judgment for Restitution. After judgment, you (or your attorney) must ask the court to issue a Writ of Restitution, which authorizes the sheriff to remove the squatter and restore possession to you within 7 days of judgment.
After the court issues the Writ, the sheriff will serve or post it and document service. If the squatter wishes to contest the eviction, they must file an appeal on or before the Writ of Restitution’s effective date, per the Judgment for Restitution.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Restitution in hand, law enforcement can physically remove the squatter and restore possession to you. Should the squatter leave behind any belongings, you’ll have to store them for 3 days and notify the squatter before disposing of them.
Once your property is back in your hands, change the locks, seal all entry points, and plan regular inspections to reduce the risk of future squatters.
Though knowing how to remove a squatter is important, prevention is equally crucial. Let’s go over some practical steps landlords can take to stop squatters.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy in the first place. Consistent oversight and fast action reduce risk and keep your property safe.
Inspect the property regularly: Schedule routine walk-throughs of vacant properties to spot forced entry or other signs of occupation before a squatter can establish a long-term residency.
Install security cameras: Set up visible cameras to deter break-ins and record evidence in the event of an eviction hearing.
Act quickly against trespassers: Address unauthorized entry immediately by contacting law enforcement, which helps prevent minor trespasses from becoming grounds for squatters’ rights.
Secure all entry points: Lock doors and windows, reinforce any weak spots, and repair damage promptly so vacant properties don’t look abandoned or easy to access.
Maintain the property: Keep landscaping, utilities, and the exterior in good condition, demonstrating active management and oversight.
Fill vacancies quickly: Extended vacancy periods can attract squatters, so advertise your rental properties to place paying tenants.
Screen future tenants thoroughly: Before signing a new lease, verify identity, rental history, and income using tenant screening tools to avoid occupants who may overstay or ignore lease terms.
With the right habits in place, preventing squatters is easy. But last but not least, let’s review how digital tools can help landlords stay organized and protect their properties.
Digital Tools to Help Landlords Thwart Squatters
Property owners can confidently manage squatters’ rights and adverse possession in New Mexico with the correct information and tools.
Using reliable property management software helps landlords track vacancies, store records, and respond quickly if squatters attempt to establish occupancy.
Take control today by signing up with TurboTenant. Create your free account and protect your properties with smarter management tools.
FAQs: Squatters’ Rights & Adverse Possession Laws in New Mexico
How long does it take a squatter to claim property rights in New Mexico?
In New Mexico, a squatter must occupy a property continuously for at least 10 years to pursue adverse possession. They must also pay all property taxes, and their residence must be actual, open, hostile, and exclusive for a successful adverse possession claim to take place.
Can landlords remove squatters legally without taking legal action?
Landlords can only remove a squatter without taking legal action if law enforcement clearly identifies the person as a trespasser. If the person qualifies as a squatter, landlords must follow the formal eviction process and obtain a Writ of Restitution for removal.
What’s the difference between a squatter and a holdover tenant?
A squatter never obtains permission or a lease to occupy a property, while a holdover tenant originally entered under a valid lease but stays after it expires. Though both require eviction, holdover tenants retain limited tenant rights, whereas squatters have none.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities, changing locks, or blocking access in any other way counts as an illegal self-help eviction. These actions can lead to fines, lawsuits, or dismissal of an eviction case. Landlords must rely on law enforcement and court-issued eviction orders for removal.