New Mexico property laws, rooted in community property principles, treat most marital real estate as jointly owned, affecting deeds and boundary issues like backyard fences. Deeds must be signed by both spouses for community property transfers and include precise legal descriptions beyond street addresses. Fence disputes often turn on deed surveys, adverse possession, or local ordinances defining property lines.
Deed Basics
Deeds require grantor names matching prior records, accurate legal property descriptions (e.g., metes and bounds or plat references), and a granting clause specifying warranty level—full, special, or quitclaim. Both spouses sign for community property, even if titled to one; powers of attorney work if recorded. No state transfer tax applies, but residential transfers need a Form RPTDA affidavit.​
Fence Disputes
Backyard fences implicate boundary laws: owners must avoid encroaching via survey confirmation before building. New Mexico follows the “good faith improver” doctrine, allowing compensation if you innocently build on another’s land, but removal may be ordered. Adverse possession (10 years open use) or easements can shift lines; check county records for setbacks (often 5-10 feet).​
Key Implications
Unclear deeds lead to title issues, clouding sales; always survey before fencing to confirm lines per deed. Community property rules protect spousal interests, requiring consent for sales or liens. Consult county clerk for recorded deeds and local zoning for fence height/material limits (e.g., 6 feet wood).
SOURCES
[1](https://www.deedclaim.com/new-mexico/deed-requirements/)
[2](https://contractfordeed.uslegal.com/state-laws/new-mexico-contract-for-deed-law/)
[3](https://law.justia.com/codes/new-mexico/chapter-47/article-1/section-47-1-5/)
[4](https://www.virtualunderwriter.com/real-estate-practices/new-mexico)
[5](https://digitalrepository.unm.edu/cgi/viewcontent.cgi?article=2036&context=nmlr)
