AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Tecolote Land Grant, recognized by Congress in 1858, is a community land grant containing common land for the use of all heirs of the original members of the Town of Tecolote. The Griegos, heirs to the Land Grant, claimed ownership of 572.20 acres within its boundaries through deeds and adverse possession, asserting they had met all requirements for adverse possession before 1979. Their claim included activities such as building a road, grazing animals, and constructing a racetrack on the land. The Board of Trustees of the Tecolote Land Grant contested this claim, arguing the Griegos' use of the land was permissive and did not constitute adverse possession (paras 3-4).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellant (The Board of Trustees of the Tecolote Land Grant): Argued that the Griegos did not acquire the land in question by either deeds or adverse possession, maintaining that the Griegos' use of the land was permissive and did not meet the requirements for adverse possession. Asserted that cotenants must give actual notice of their claims of exclusive rights to the land to satisfy the requirements of adverse possession (para 5).
• Defendants-Appellees (The Griegos): Claimed ownership and title to the land through numerous deeds and adverse possession, arguing that their activities on the land met all the requirements for adverse possession before 1979. They did not claim to have paid taxes on the land before or after the adverse possession statute was amended in 1979 (para 4).

Legal Issues

• Whether the district court erred in concluding that the Griegos established title by adverse possession under Section 37-1-21 and the case law interpreting this statute (para 7).
• Whether the Griegos met the heightened burden of proof required for cotenants to establish adverse possession (para 8).

Disposition

• The Court of Appeals of New Mexico reversed the district court's decision and remanded for further proceedings, holding that the Griegos did not meet the heightened standard of proof for adverse possession as cotenants of the Tecolote Land Grant (para 14).

Reasons

• Per Roderick T. Kennedy, J. (Michael D. Bustamante, J., Cynthia A. Fry, J., concurring): The court reviewed the district court's conclusions of law de novo and deferred to its factual findings. It was determined that the burden of proving adverse possession rests on the party asserting it and must be proven by clear and convincing evidence. The court found that the Griegos, as cotenants, were required to meet a heightened standard of proof to establish adverse possession, which includes actual, visible, exclusive, hostile, and continuous possession under color of title for ten years. The court concluded that the Griegos' use of the land was permissive and did not amount to the hostile possession required for adverse possession among cotenants. It was held that the district court erred in its conclusion that the Griegos acquired title to the land through adverse possession, as they failed to unequivocally and expressly inform the Board of their hostile intent until 1989, which did not meet the requirements of Section 37-1-21 (paras 7-14).