does not have any formal fence laws governing boundary fences, but common law dictates that any fence located on actual boundary lines belongs to both owners—thus both will be equally responsible for paying for its construction and upkeep.

You can’t always choose your neighbors, but you can choose the amount of privacy you wish to have in between your properties. But building a fence isn’t always easy, especially when there are so many local and state regulations in play.

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What is New Mexico fence law?

New Mexico’s regulations on fences are a bit tricky to understand since the state abides by fence-out and common law principles.

Fence-out law is utilized by states where livestock is prominent and there are large swathes of empty land. In New Mexico, it is property owners’ responsibility to keep neighbors’ livestock out.

New Mexico’s Fence Statutes

outline the fence-out regulations for property and livestock owners. Ranchers are not permitted to allow their livestock to graze or wander along any pastures that border an unfenced highway or heavily trafficked roadway, but they will not be held liable for damage the animals cause if they unknowingly cross boundary lines.

For residential property owners, the fence statutes

require

all fences built to keep livestock out to be from one of the following materials:

Barbed wire

Wooden board

Pole and post

Stone, adobe, or woven wire

Key Takeaway As a homeowner in New Mexico, it’s your responsibility to protect your property by fencing out any livestock that could destroy or damage your property.

MORE:What’s the difference between a builder and general contractor?

Does New Mexico law require fences?

You are only required to build a fence if your property has a pool, and the requirements will vary from city to city.

Many cities follow these state guidelines (as listed in current

New Mexico building code Appendix G

) regarding pool, hot tub, and spa fencing:

The fence must be at least four feet high and no more than two inches off the ground

The fence should not have any openings that allow the passage of an object over four inches in diameter

Solid fences without openings (like stone or adobe) must not have any added obtrusions or indentations

Chain link fencing must have 2.25-inch squares

Any diagonal lattice fencing may not form openings greater than 1.75 inches

If you’re planning on adding a pool or already have one, make sure you are aware of your fence’s construction and maintenance requirements.

MORE: Does home insurance cover earthquake damage

Specifications for residential fencing

Most cities have height restrictions for residential fences, so depending on the type of fence you’re adding, you’ll want to make sure you fall within these specifications:

Front yard fences: typically maximum of three feet

Backyard fences: maximum of six feet

Pool fences: minimum of four feet

Deer fencing: maximum eight feet

Retaining walls: maximum of four feet

Per New Mexico common law, if you don’t like fences or you want to change the aesthetic of your property but you share a fence line with a neighbor, you’ll need to work this issue out privately.

If you find equally sharing the costs of your neighbor’s boundary fence to be a financial (or other) burden, you can try to prove your responsibility for the fence is unjust. Reasons include:

The cost outweighs the benefit of the fence

Paying for the fence would cause financial hardship

The costs of the fence appear excessive, unnecessary, or exclusively related to your neighbor’s personal taste

If you can prove that your neighbor is acting a bit excessive, a court may decide in your favor and require a different split of financial responsibility.

How to legally build a fence in New Mexico

If you’re thinking of adding a fence to your property in New Mexico, start by informing any neighbors, especially if your properties adjoin and you already share a fence line. Make sure you have your property surveyed so you can see exactly where your property lines fall.

You can create an informal contract with any neighbors who share your fence. Make surethey’re aware of their equal financial responsibility for the fence and give them time to respond or provide additional input.

New Mexico requires you to obtain a permit if you are building a fence over six feet high.

Does homeowners insurance cover fences?

Fences are considered “other structures” within your homeowners insurance policy, and they’ll typically be covered for up to 10% of your dwelling coverage limit.

Your fence is covered for the same perils as your main residence, often including fire, hail, lightning, vandalism, and more (but not floods or earthquakes).

Your insurance will not cover damage to your fence that occurs from aging, normal wear and tear, or negligence (i.e., failure to keep up with maintenance).

MORE:

How to choose the right kind of home insurance for you

How to save money on homeowners insurance in New Mexico

Despite its outsize share in the nation’s national disasters, New Mexico is one of the most affordable states for homeowners insurance, with an average annual premium cost of $1,224.

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FAQs

Do I need a permit to build a fence in New Mexico?

Yes. You need a permit to build a fence that is over six feet high.

Can my neighbor make me pay for a fence in New Mexico?

Yes—but not always. If you can prove that the fence would cause a financial burden or the cost outweighs the benefit, you may be able to get a court to excuse you from some or all of the financial burden.

Can I build an 8-foot fence in New Mexico?

You can, but only if it is deer fencing. You’ll need a permit to do so.

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