BajaNomad - No forced Access to Beach!

No forced Access to Beach!

Skeet/Loreto - 10-10-2007 at 01:08 PM

The following is under a new Thread so it may not get lost in the Words of Poop in the other Thread!

Facts!

In 1992 a well known Person in Loreto tried to Force a 3 meter road through Rancho Sonrisa to Access the Beach.

I took the Case to Court and the Judge in Constitution ruled[
Access to the Beach through Private Property cannot be Forced in Mexico. He quoted the Constitution and denied the Persons Law Suit.
Case: Carmen Aguliar Cunningham vs Alvaro Murillo Romero

Skeet/Loreto

Minnow - 10-10-2007 at 01:10 PM

Thanks Skeet. Facts are lost on some people. :bounce:

For the record, Skeet, my other comments were in the news section. Why put something as News, if it is not news?

For instance, this thread belongs in the general discussion. :lol:

[Edited on 10-10-2007 by Minnow]

Hook - 10-10-2007 at 03:12 PM

SO THAT'S IT, RIGHT THERE !!!!!!!!!

One Mexican judge ruled one way in one case and that's bound to mean it's the letter of the law in Mexico. :lol:

Silly me, for thinking that it would be decided on anything but it's merits in Mexico. :?:

Maybe the one cardinal rule that everyone in Mexico pounds into me is YOU DONT WANT TO GET CAUGHT UP IN THE MEXICAN JUDICIAL SYSTEM, whether you're right or wrong.

Now, why would that be..........??

The only FACT I see above is that one person won a case against another.

Skeet/Loreto - 10-11-2007 at 06:19 AM

Hook: There are many other cases that were decided in the Loreto Baja Sur Area during the many years I spent living there;
There are recorded deeds and rulings wereby the Govt. designated a 3 meter passageway and Access to the beach between Private Property.

The Concession in front of the La Pinta does not allow Vehicle Access but does allow foot traffic.. Salbut built a Cinder Block wall in front of the Negrita and later had to remove it as it was blocking entrance into Property North. Now that the Beach to the South has been blocked off there is no Access except to the North of the Kettinger Property, which may have been changed in the past 2 years.

For anyone interested in Property, get the Title, have it researched at the Supreme Court in La Paz.

For the properties I bought and sold in Loreto, I never paid "Mordida" and never had any trouble getting Clear Title and Proper Documents. Cost was about $1500 for each Property.

It was much more Honorable dealing with the Mexicano People than some of the many Scams and Thieving Real Estate People I dealt with in Lake Havasu City Arizona and California.

Skeet/Loreto

Bob and Susan - 10-11-2007 at 06:34 AM

i talked to the people at profepa this summer and they told me...

NO motorized vehciles are allowed on the federal zone...
only walking

they also told me that private property is "private" and the public does not have the right to cross without permission...

there just isn't enough of them at profepa to enforce the rule...

the past is the past...

no more driving to the water and drinking in developed areas

you'll need to "hoof it" with that sixer :biggrin:

vandenberg - 10-11-2007 at 06:48 AM

Quote:

no more driving to the water and drinking in developed areas

you'll need to "hoof it" with that sixer :biggrin:

But shouldn't you at least be able to park halfway close, so you don't have to lug your picnic stuff for 2 city blocks like the people here at Nopolo beach have to :?:

Here that makes that "public" beach pretty much out of reach for most people. :no:

Bob and Susan - 10-11-2007 at 07:14 AM

2 BLOCKS!!! :lol:

when i was a kid....we walked 5 miles.....and when school was out....we walked....then we walked.... :lol:

"WE" are "SO SPOILED" :lol:

aren't "WE"... :lol:

Skeet/Loreto - 10-11-2007 at 09:25 AM

For you good folks who want Private Beach I have a suggestion:

Save your money , buy a Panga, there are Hundreds of beaches you can find and stay for days without seeing a Soul!
Leave your Ipods and Computers at home, Adventure a little! you might like it!

Skeet/Loreto

Hook - 10-11-2007 at 10:13 AM

In San Carlos, Sonora, where I recently bought, there are clearly designated public beach access areas that have municipal signage and parking areas. I cant say they are every 400 meters but the community seems to be interested in allowing reasonable access.

I guess it just depends on how much demand there is for the waterfront, as to how much it's enforced.

Don Alley - 10-11-2007 at 10:40 AM

Quote:

Originally posted by Skeet/Loreto
For you good folks who want Private Beach I have a suggestion:

Save your money , buy a Panga, there are Hundreds of beaches you can find and stay for days without seeing a Soul!
Leave your Ipods and Computers at home, Adventure a little! you might like it!

Skeet/Loreto

No, take your iPod with you.

rob - 10-11-2007 at 11:20 AM

I read this in the "Baja Insider".

" 2. - How can one gain access to the area (beach or rock coast)?
The answer is each owner of properties in front of the Z.F.M.T, has to provide access.

3. - What does the word access mean?
Access means that a ‘path’ must be provided. Since we are dealing with private property it also means that a
legal right of way must be established. In Spanish this is called a “Servidumbre de Paseo” (Servitude of passage
or Right of Way) as per Article 1057 to 1067, 1068 to 1070 and 1097 to 1108 of the Federal Civil Code and its
collaterals in the Civil Code for the State of Baja California Sur.

4. - Physically, what would be the “Right of Way”?
According to the law, the Federal organization call SAMARNAT, which is the environmental watch dog” has
the authority to establish said dimensions as per the requirements, location and other parameters.. "

vandenberg - 10-11-2007 at 11:33 AM

Quote:

Originally posted by Bob and Susan
2 BLOCKS!!! :lol:

when i was a kid....we walked 5 miles.....and when school was out....we walked....then we walked.... :lol:

"WE" are "SO SPOILED" :lol:

aren't "WE"... :lol:

Yes, but did you carry several coolers,a beach umbrella, tables and chairs, blankets, towels, toys,and not to forget toddlers to your beach. :?:

All requirements of a modern day family's day at the beach.

Minnow - 10-11-2007 at 11:47 AM

Grove, It is more like barefoot in the sand. Bob is a So Cal boy. I doubt he even knows what snow looks like.

tuna stick - 10-11-2007 at 03:44 PM

When we were kids,we had to walk ten miles through ten feet of snow to school and back,and it was up hill both ways!

JZ - 10-11-2007 at 04:18 PM

Quote:

Originally posted by vandenberg
Yes, but did you carry several coolers,a beach umbrella, tables and chairs, blankets, towels, toys,and not to forget toddlers to your beach. :?:

All requirements of a modern day family's day at the beach.

Apparently, you haven't seen the new Corona commercial making fun of the people lugging all their junk to the beach, instead of just relaxing. Check it out sometime, it might help your situation.

Beach Walking

MrBillM - 10-11-2007 at 05:35 PM

Back in the mid 70s, we used to go to San Clemente State Beach because of the difficulty of getting to the Beach from the Parking Lot. That steep pathway down the bluff to the Beach discouraged a lot of people. When places like Huntington Beach and others were packed, there was still plenty of elbow room at San Clemente.

Somehow, we managed to haul all of our gear down the Bluff and all the way back at the end of the day while still maintaining control of two kids.

It can be done.