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What Is the Statute of Limitations for Trespass in New Mexico?

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

4 YEARS
Trespass to Land · New Mexico
✓ Verified Checked Sep 2026

Trespass Deadlines in New Mexico

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

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

When does the clock start for trespass in New Mexico?

Four years for trespass causing injury to property.

Can the New Mexico deadline for trespass be extended?

A continuing trespass can give rise to successive claims. Mechanics' lien enforcement runs under § 48-2-10.

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 trespass?

New Mexico's 4 years is in the middle of the range nationally. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Trespass to Land Cover?

Situations that typically fall under the trespass deadline in New Mexico:

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources
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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 trespass across all states.
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