Home› State Guides› New Mexico› Property Damage

What Is the Statute of Limitations for Property Damage in New Mexico?

In New Mexico, the statute of limitations for property damage is generally 4 years under NMSA 1978, § 37-1-4.

4 YEARS
Property Damage · New Mexico
✓ Verified Checked Sep 2026

Property damage Deadlines in New Mexico

How long do you have to file a property damage claim in New Mexico?

In New Mexico, the statute of limitations for property damage is generally 4 years under NMSA 1978, § 37-1-4.

When does the clock start for property damage in New Mexico?

Four years for injury to property or conversion of personal property — a year longer than New Mexico gives injury to the person.

Can the New Mexico deadline for property damage be extended?

The section is the catch-all: Reagan v. Brown holds constructive trust actions fall within its "all other actions" language.

Is the deadline different if the claim is against the government in New Mexico?

Often, yes. Suit within 2 years under the Tort Claims Act under NMSA 1978, §§ 41-4-15, 41-4-16. The New Mexico Tort Claims Act allows two years to bring suit under § 41-4-15, cutting the general three-year injury period. Cozart v. Town of Bernalillo holds this two-year period, rather than the one-year limit in § 37-1-24 for suits against a city, town or…

How does New Mexico compare to other states for property damage?

New Mexico's 4 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for property damage ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Property Damage Cover?

Situations that typically fall under the property damage deadline in New Mexico:

01 Vehicle collisions causing property damage
02 Water or fire damage from a neighboring property
03 Construction or excavation damage
04 Damage to stored or personal belongings
05 Trespass-related property destruction
Advertisement
Legal Forms

Other Filing Deadlines in New Mexico

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed New Mexico attorney can tell you the deadline that applies to your situation.
See every filing deadline in New Mexico, or compare property damage across all states.
Case Evaluation

Get Help in New Mexico

Fill out the form below and a legal resource in New Mexico may be able to assist with your situation.

* Required. Phone, text and email consent are optional.