New Mexico § 37-1-22 - Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes
Full text of New Mexico New Mexico Statutes Annotated § 37-1-22 — Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes, with citation guidance and answers to common questions.
§ 37-1-22. Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes
In all cases where any person or persons, their children, heirs or assigns, shall
have had adverse possession continuously and in good faith under color of title for
ten years of any lands, tenements or hereditaments and no claim by suit in law or
equity effectually prosecuted shall have been set up or made to the said lands, tenements
or hereditaments, within the aforesaid time of ten years, then and in that case, the
person or persons, their children, heirs or assigns, so holding adverse possession
as aforesaid, shall be entitled to keep and hold in possession such quantity of lands
as shall be specified and described in some writing purporting to give color of title
to such adverse occupant, in preference to all, and against all, and all manner of
person or persons whatsoever; and any person or persons, their children or their
heirs or assigns, who shall neglect or who have neglected for the said term of ten
years, to avail themselves of the benefit of any title, legal or equitable, which
he, she or they may have to any lands, tenements or hereditaments, within this state,
by suit of law or equity effectually prosecuted against the person or persons so as
aforesaid in adverse possession, shall be forever barred, and the person or persons,
their children, heirs or assigns so holding or keeping possession as aforesaid for
the term of ten years shall have a good and indefeasible title in fee simple to such
lands, tenements or hereditaments; provided, that if any person entitled to commence
or prosecute such suit or action is or shall be, at the time the cause of action therefor
first accrued, imprisoned, of unsound mind or under the age of majority, then the
time for commencing such action shall in favor of such persons be extended so that
they shall have one year after the termination of such disability to commence such
action; but no cumulative disability shall prevent the bar of the above limitation,
and this proviso shall only apply to those disabilities which existed when the cause
of action first accrued and to no other. “Adverse possession” is defined to be an actual and visible appropriation of land,
commenced and continued under a color of title and claim of right inconsistent with
and hostile to the claim of another; provided, however that in the case of severed
mineral interests the possession by the party in possession of the surface shall be
considered as the constructive possession of such mineral claimant until actual possession
shall have been taken by such mineral claimant; and provided further in no case must
“adverse possession” be considered established within the meaning of the law, unless
the party claiming adverse possession, his predecessors or grantors, have for the
period mentioned in this section continuously paid all the taxes, state, county and
municipal, which during that period have been assessed against the property.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 37-1-22
What does New Mexico Statutes Annotated § 37-1-22 cover?
Section 37-1-22 ("Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 37-1-22?
A common citation format is "New Mexico Statutes Annotated § 37-1-22" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 37-1-22 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.