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capn.sharky
Senior Nomad
Posts: 686
Registered: 9-4-2003
Member Is Offline
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"many gringos (like the Capn)". Hook---Soy Americano. If you read my post carefully, you would read that I did not buy a lot north of town where
this possible problem exists. North of town will also have to help pay to put in electricity, water and sewers as I understand it. Also, I said that
the Ejido that now exists is very businesslike and honest and will do the right thing. It looks like that is already happening.
If there is no fishing in heaven, I am not going
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ncampion
Super Nomad
Posts: 1238
Registered: 4-15-2006
Location: Loreto
Member Is Offline
Mood: Retired and Loving it
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Got an email from my attorney in Loreto today, he says not to worry, we will meet with him in Jan. when we go down. He's very knowledgable about
ejido law. Hope he's right.
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Pescador
Ultra Nomad
Posts: 3587
Registered: 10-17-2002
Location: Baja California Sur
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After having gone through a similar nightmare with ejido transfer, I find some of the information faulty and some slightly naive. There are very
complicated laws in place that have to do with the privitization of ejido land. Any land that is owned by an ejido has to be privitized before a
legal escritura or deed can be obtained. All ejido members have the right to accept or reject the privitizing of any property that is held by the
ejido. Once all members agree to privitizing, then the ejido develops deed or escritura to an ejiditario. He then goes through the privitizing of
the property and should obtain an escritura which is approved by Agria in La Paz. Without that process, every transaction is considered non-completed
and can go back to any level in the process. We bought a piece of property which had been privitized but had not been released by the ejido in the
propert manner and we had to go through the whole process again and there was absolutely no clause for prior claims or "grandfathering".
So gnukids idea about putting improvements on the property is totally misguided. The escritura does not even pertain to improvements and while
improvements may have some basis on taxation,it has no basis on the actual escritura.
There are several good articles and information that can be obtained by doing a google search on "buying ejido property".
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
Member Is Offline
Mood: undecided
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When Pescador gives advice on ejido transactions or fishing, take notes.
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gnukid
Ultra Nomad
Posts: 4410
Registered: 7-2-2006
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Great Pescador,
I know of many ejido property owners in limbo, I am not one. I am sure you are right though in my experience having some claim helps to further the
claim-that is early on it is a position to negotiate your incomplete title. But I am not offering advice or a guarentee, only my limited
experience--improvements help your position as well as hurt it depending on the level of development at the time of negotiation. Please for any one
concerned, simply get involved in the title process and the sooner the better secure your title escritura. It is not a blind process as Pescador
points out.
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ncampion
Super Nomad
Posts: 1238
Registered: 4-15-2006
Location: Loreto
Member Is Offline
Mood: Retired and Loving it
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Pescador, thanks for the info on the privatization of ejido land. We have done a lot of homework on this subject prior to entering into this
admittedly complicated and somewhat risky venture. We believe the land north of Loreto that is part of the Ejido Loreto has gone through the proper
steps for privatization and that’s why I don’t understand the sudden panic. The Procede has been completed, the Asamblea has been held and
Certificados Parcelarios have been issued to the individual ejidatarios. It was our understanding that application was made to the government through
the Dominio Pleno procedure to convert the certificdos to a private title. The titles will initially come in the name of the individual ejidatarios
and then under the promissory agreement of sale to the non-ejido third party. Marla says that the Domino Pleno procedure was not completed which is
contrary to what we were told. I hope to be able to confirm that these steps have all been properly executed when we are down next month. If not,
this could be another huge blow to foreigner’s faith in the Mexican government as a friendly place for investment and to ultimately raise the general
standard of living for the local people.
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Pescador
Ultra Nomad
Posts: 3587
Registered: 10-17-2002
Location: Baja California Sur
Member Is Offline
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It is good that the Dominio Pleno has been applied for but the challenge may arise in the idea that someone wants to do a re-evaluation or "abalu" of
the property costs. If the original abalu is registered with a notario, then it is anybody's guess whether or not the court would allow that price or
appraisal to stand. The deadline for application with Reforma Agraria is the second challenge but may well go through when the new application fee is
processed.
As I sort of understand this process, it was put in place so that it made it very difficult for North Americans to come in and purchase ejido land
since the land was held in co-op by the entire ejido. Obviously, large corporations were adept at all of the details and pulled this off fairly
successfully, but the issue was the problem where an ejiditario tried to purchase land from the ejido and then go through the privitization process.
But this seems to happen not only with ejido land, I have had friends who had to go back through 3 transactions to finally prove title or escritura to
property because every transaction was done on an agreement to sell and buy which was never completely registered with the Notario.
The big challenge comes from the fact that we assume that real estate is somewhat similar to the United States or Canada but painfully discover that
it pretty much takes on a life of its own.
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Howard
Super Nomad
Posts: 2347
Registered: 11-13-2007
Location: Loreto/Manhattan Beach/Kona
Member Is Offline
Mood: I'd rather regret the things I've done than regret the things I haven't done.
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Does anyone have any NEW information on this subject? We are going to be in Loreto from Sunday, 1/13 through Thursday 1/17 to try and find out 1st
handed what is going on. Any suggestions?
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