Detailed answer — how New Mexico law treats squatters and the practical steps to remove them

Squatting means someone is occupying property without the owner’s permission. In New Mexico you generally cannot remove a squatter by yourself (for example, by changing locks, removing belongings, or using force). Doing so can expose you to criminal or civil liability. Instead, removal almost always requires legal process.

1) Figure out the occupant’s legal status

Not every post-sale occupant is a “squatter.” The occupant might be a tenant, month-to-month occupant, licensee, caretaker, or someone who claims a right (e.g., equitable interest or an asserted lease). Ask for any written lease or proof of permission. If they claim tenancy, different notice rules apply under New Mexico’s landlord‑tenant law (Residential Landlord and Tenant Act).

2) If the occupant is clearly trespassing (no lease, no permission)

– Contact local law enforcement to report trespassing. Police may remove someone only if they treat the situation as a criminal trespass and if officers determine criminal elements are met. Police typically will not act if the occupant claims a civil right to stay — that’s why documentation and quick legal steps matter.

3) Do not use self-help eviction

Under New Mexico law and court practice, property owners and purchasers should not lock out occupants, remove their personal property, or physically eject them without a court order. Doing so can result in criminal charges (e.g., forcible removal) or civil liability for damages.

4) File the correct court action — forcible entry and detainer / unlawful detainer

To remove a squatter the owner or buyer must usually file a forcible entry and detainer (eviction) action in the appropriate New Mexico court (often magistrate court). The court will set a hearing. If the court finds the occupant is unlawfully present, it will issue a judgment and a writ of restitution (or similar order) directing the sheriff to remove the occupant and restore possession to the owner.

New Mexico’s courts provide self-help and local forms about eviction and possession procedures; see the New Mexico Courts self-help eviction page for practical guidance and local filing information: https://www.nmcourts.gov/self-help/evictions/.

5) If the occupant claims to be a tenant

If the occupant alleges a tenancy (written lease, oral agreement, or month-to-month occupancy), you must follow the Residential Landlord and Tenant Act notice requirements and eviction procedures. The Act sets rules about notice, service, time to cure, and court remedies. For statutory text and to confirm specific notice periods, consult the New Mexico statutes and court rules: https://www.nmlegis.gov/ (search the NMSA 1978, Chapter 47, Article 8).

6) Timeline and costs

Judicial eviction timelines vary by county, court backlog, and whether the occupant contests the eviction. Expect days to several weeks for initial hearing and additional time to obtain and execute a writ of restitution. Costs include filing fees, possible attorney fees, process server or sheriff fees, and costs to remove or store the occupant’s belongings if the court authorizes removal.

7) If you are the buyer under contract

If you are buying a property that has unauthorized occupants, notify the seller and your real estate attorney or title company immediately. The purchase contract, title insurance, or escrow instructions may contain remedies the seller must provide (clear possession at closing). A buyer should not try to force removal before closing without legal advice — the seller often has the primary obligation to deliver vacant possession unless the contract allocates the risk to the buyer.

8) Long-term risk: adverse possession and other claims

In rare cases, long-term occupants who meet strict legal conditions may try to claim title by adverse possession. These claims require open, notorious, exclusive, continuous, and adverse possession for the statutory period and satisfying other legal elements. If you have an ongoing occupancy problem, consult an attorney so you can preserve rights and documentation; title insurers may also get involved.

9) When to involve law enforcement or file criminal charges

If the occupants have committed related crimes (breaking and entering, theft, vandalism), report those facts to police and retain evidence (photos, messages). Police may handle criminal trespass or related offenses differently from civil eviction, but criminal prosecution is separate from civil possession remedies.

10) Hiring an attorney

An attorney can help: evaluate occupant status, prepare the eviction/unlawful detainer filing, arrange service of process, obtain a writ of restitution, coordinate with the sheriff, and protect your interests in the sale and closing. If the case is contested or the occupant claims tenancy or ownership rights, legal representation is strongly recommended.

Useful New Mexico resources

• New Mexico Courts — Eviction/Self-help: https://www.nmcourts.gov/self-help/evictions/
• New Mexico Legislature (statutes search): https://www.nmlegis.gov/ — search the NMSA 1978 for the Residential Landlord and Tenant Act (Chapter 47, Article 8) and other property statutes

Important: Statutory sections, local court rules, and deadlines can affect how you must proceed. Consult an attorney or your local magistrate court clerk for county-specific procedures.

Helpful Hints — Practical checklist to remove a squatter in New Mexico

• Document everything: take dated photos, videos, notes of conversations, and copies of any written communications from the occupant.
• Confirm ownership: have a current deed, title report, or contract showing your right to possession available for court.
• Do not change locks, cut utilities, or remove belongings yourself — use the courts to avoid liability.
• Contact local police for immediate safety or criminal behavior; keep records of any police reports.
• Notify the seller and title company if you’re the buyer; they may have contractual obligations to deliver possession.
• File for eviction/forcible entry and detainer in the proper court; ask about emergency motions if there’s imminent harm.
• Preserve evidence of consent or lack of consent — texts, emails, written agreements, or witness statements.
• Consider hiring a local attorney who handles evictions and property disputes; they can often get faster, correct filings and coordinate with the sheriff.
• Be mindful of squatters’ potential counterclaims (e.g., asserted tenancy or adverse possession) and preserve records to defeat those claims.