By DAVID HOUCK
Qualifying Broker
Atomic Realty, LLC

When buying or selling a home or vacant land, it’s important to know whether an easement exists on the property. Easements can affect a property’s value and limit what a buyer can do with the land.

An easement is a legal right to use someone else’s property for a specific purpose. There are several types of easements—such as prescriptive, implied, by necessity, and express—but this article focuses on two common types: express and prescriptive easements.

Express Easements

An express easement is a formal, written agreement that grants one party the right to use another person’s land for a specific use—like a driveway or utility access. These easements are typically recorded in public records and clearly define both the burdened property (the servient estate) and the benefiting property (the dominant estate). Because express easements are documented and legally binding, they’re preferred in real estate transactions to avoid confusion or disputes later on.

Prescriptive Easements in New Mexico

A prescriptive easement arises when someone uses land they don’t own, without permission, for a continuous and defined period of time. In New Mexico, courts require proof that the use has been:

• Open (not secret),
• Notorious (obvious to others),
• Hostile (without the owner’s consent), and
• Continuous for the legally required time period. (10 Years)

Once these conditions are met, the easement may become legally enforceable—even if there was never a written agreement. However, court action is often required to formally establish or defend a prescriptive easement.

How to Find Out If an Easement Exists

If there’s an express easement on your land, it should appear in the public records—typically at your county’s recorder’s office—and may also show up on a property survey. Title insurance policies usually disclose known easements as well.

If someone claims the right to use your property without a written easement, and says they have a prescriptive right, they may need to file a court case to assert that claim.

Resolving Easement Disputes

While legal action is sometimes necessary, I’ve always been a strong advocate for negotiation. Resolving disputes through a mutually beneficial agreement—whether involving land, compensation, or another arrangement—is often preferable to court. Litigation is expensive, uncertain, and typically results in a winner and a loser. Negotiation, on the other hand, can lead to a solution that works for both parties.

Final Advice

If you suspect someone is using your property without permission, and you’re concerned about losing your legal rights, consult an attorney. Timely legal advice can help you protect your property and avoid unintended consequences.

Los Alamos Market Snapshot (as of Oct 1, 2025)

While this data is county-wide and may not reflect your home’s value, here’s a quick look at the current trends: The numbers are pretty consistent with last month’s numbers.

• Homes for Sale: 55 (a high number — lots of competition)
• Median List Price: $311/sq ft
• Median Sold Price (last 180 days): $305/sq ft
• Average Days on Market: 84 (Compare that to just 7 days two years ago!)

Want a personalized valuation? Visit AtomicRealty.net or contact us directly for a tailored analysis.

About David Houck

David Houck is the Qualifying Broker at Atomic Realty. With over 40 years of experience and a background in math, physics, and law, David brings a high level of integrity and expertise to every transaction. He also volunteers on the New Mexico Association of Realtors Forms Committee, working to make contracts clearer and more consumer-friendly.