New Mexico § 37-1-22 - Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes

§ 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.