I have neghbor who thinks he can travel through my private non maintained county road

road goes north too south through farm sold south end of land which has its own access but this neghbor insists he can travel through

Bloomfield, NM -

Attorney Answers (2)

Michael T Millar

Michael T Millar

Real Estate Attorney - Toms River, NJ
Answered

At least here in NJ, a road can be a private road or it can be county road - but it cannot be both.

If you have a private road on your property, then you have the right to exclude others from it.

If there is a county road that bisects your property, then you cannot exclude others from using a public roadway.

I am not a NM attorney, laws vary from state to state, therefore you should always consult a local attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
Stephen D Aarons

Stephen D Aarons

Criminal Defense Attorney - Santa Fe, NM
Answered

Pretty much the same here. The fact that the county is not maintaining its road doesn't chane the public nature of that road.i

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