property dispute

I am the president of a New Mexico HOA. We completely own our streets and they are private. Midway down the main street of the Association we installed an electonic gate with a call box. We own the street to the intersection. None of this is in any doubt. On one side of the street is a vacant lot. It is not part of our subdivision. I have had our property resurveyed by the original company that surveyed this entire area. We could not build our road abbuting the property line.

Now for the problem. The guy who owns the lot claims that the entire lot belongs to him and will tear anything we try to build down. I am wanting to build a rock wall to enclose our area for additional security. My survey says that we own a 12 1/2' strip of land to the end of the street. After that 12 1/2' is a utility easement. then his property. I have told the guy this but he will not listen.

I have been to the county attorney, sherriff, planning and development board, roads and streets,mapping and the county clerks office and surveyed. I get the same information everyone. It is our land and we may build the wall. I even have a building permit. This guy doesn't care. I contracted to have the work done. The trench and the rebar were laid down. Late at night the guy ripped out the rebar so that I could not get a building inspection.

I went back to the county...who referred me to district court to file a law suit to decide who the property belongs to. The district court says I cannot file myself because we are incorporated. First, I can't understand why we have to pay to prove its our strip of land(called a parkway). Second, We are not a huge HOA and funds are limited. Has anyone out there had this type of experience. By the way, a friend loaned us survelliance equiptment. I don't know whether to tell the builder to go back out there and relay the rebar and hope this guy doesn't come back or not. Also, this man tells me all the enties at the county have agreed with him that the land is his, however, I went to all of the same offices and spoke with them and they told me they know who he is butdid not say or promise him a thing because this is private property and they can not get involved. I am pulling my last hair out. How do I stop this guy as we need to move on?

Patricia

Hi Mae
I have his survey as well. It actually shows the parkway in greater detail and then comes his utility easment and then his land. He subdivided his lot and wants to sell it. I think if we build our wall someone will actually get wise to the fact that a 22 1/2' wide strip on the remaining lot is not his to build on....making that lot much smaller. I hope whoever buys it does their research. I have all the proof but can't find the right department to help me without hiring an attorney. I am told an attorney has to file for me.

If you have documented ownership of that land, I don't know why your sheriff or local police will not become involved because of the obvious vandalism. You shouldn't need a lawyer to file a complaint with them. Very strange. Harold

Hi Everyone...

I appreciate your help. The Sheriff says they are not trained to read the Plat information nor the Warranty Deed or the survey. They are telling me that because this is private property there is nothing they can do. I can continue to file reports of vanalism but since the guy claims the land is his....he can also file on me for vandalism..Have you ever heard of something so stupid?

Patricia

They are telling me that because this is private property there is nothing they can do. >>> Unbelievable. If that were the case, few would ever be prosecuted for vandalism. Much vandalism occurs on private property! This sheriff is unreal. Harold

I live in a POA that refuses to enforce any codes and is dishonest as they come. My neighbor across the street and upwind from me has turned his lot into a barnyard (horses). This has d evaluated my property and property around us to such an extent it is impossible to sell.Certainly no one want to buy a house down wind from a barnyard.
The problem is the board of directors are the ones who are doing this and it's a clear violation of covenants and City animal control codes.
I filed a grievance with the board to which they refuse to answer and the city refuses to enforce their animal codes because they say it something for the hoa to solve.
I complained to the Attorney General (never got a reply) the County Health Department (no reply) and the City all of which resulted in a law suit by my neighbors against me (claiming harassment). City officials helped them set it up (The City Code enforcement Officer lives next door to them and is a drinking buddy.
What can I do, I can't afford a Lawyer, this has been going on for 3 years now?

Mike

Not the same issue (as a matter of fact, far removed from) that the OP posted.

Pat

I say to first notify the police/file a complaint about the guy trespassing on your property. Do not let nor put the police in a position of determing property lines. File the complaint. Let the issue "rise" thru the court/legal system.

Patricia,

One of the problems with relying on plats is that they may not show all the previously recorded easements, just the easements created by the seller. You really need to do a title search on both your association's property and the neighboring property.

Having lived for a short time in New Mexico around 1990, I do not envy you in doing a title search. Few outsiders realize that when the Pilgrims stepped onto Plymouth Rock in 1620, Santa Fe was already a sprawling metropolis. You may have a lot of documents to search through, including land grants from the king of Spain.

In addition to recorded easements, the other guy may have a prescriptive easement or an easement of necessity over your property. If I were in your shoes, my next step would be to seek legal advice before proceeding any further.