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.
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:
