BajaNomad

Property Rights?

Heather - 1-23-2009 at 01:26 PM

At our little place in Cabo, we are borded on 3 sides by neighbors. The plot has been my husbands since about 1990. He was there to clear the land, terrace it, and make it liveable. He planted fruit trees about this time, and has nice sized mango, mandarin, and guayaba trees around.

About 2002 we put in a chain-link fence around the yard, and planted some ficus, and other trees to help hold in the dirt. At the time the neighbors didn't really have much built on their yards, and there were no concrete fences separating the properties. Since we are on the side of a hill, my husband has always been concerned about erosion. He has seen chubasco's come in and wipe out lots of his 'land' so has always done what he could to keep the land where it is, thus the trees.

The neighbors on one side put in a concrete fence (side of their house), about 3 years ago. When we were down there last July, the neigbor was adamant that we move the trees that are on our property but closest to his fence because their root systems will knock down or damage his walls.
We complied in the summer by moving the ficus (big roots), and tried to get out the aguamochi (sp?), which was the closest to his fence.

My step-son is now staying at our camper and I guess the neighbor is harassing him again about moving all of the trees!

My question...what rights (rites?) do we have as property owners on our land, and what rights do our neighbors have? Can they make us move all the trees? Can they bring us to court over this, or get fines imposed?

I should mention that the property is in a residential area of Mexican homeowners. i.e. my Mexican husband has the title outright on his property. any suggestions? thanks, Heather

DENNIS - 1-23-2009 at 01:34 PM

Get a lawyer and, if necessary, be the first to buy a decision. I'm sure he can object to your trees hanging over his property line but, until underground damage is done, tell him to leave you alone.

vandenberg - 1-23-2009 at 02:01 PM

Common situation in many towns.
You should be able to have any kind of tree within the boundary of your property. Your neighbor is entitled to cut any part of a tree that's overhanging his property. Likely, in the future, if your tree does any damage to any of your neighbor's belongings, fence, walkways, foundations or whatever, you could be held liable.
Could be your neighbor is a worrywart or you could end up with a sizable bill in the future. Take your pick.
I would tell that neighbor to take a flying whatyamacallit.:biggrin:

Property rights???

Dave - 1-23-2009 at 02:18 PM

More like suggestions.

A friend discovered that the neighbor's fence was built on his property. After his neighbor took no action he hired an attorney and sued. Won the case and took down the fence.

Guess who was arrested for destruction of property. :rolleyes:

Woooosh - 1-23-2009 at 06:11 PM

Quote:
Originally posted by Dave
More like suggestions.

A friend discovered that the neighbor's fence was built on his property. After his neighbor took no action he hired an attorney and sued. Won the case and took down the fence.

Guess who was arrested for destruction of property. :rolleyes:


There are no setback rules in Mexico so you can build out to your property lines. Your fence is your line. Hold your ground IMHO.

David K - 1-23-2009 at 08:19 PM

Make some tamales and take them over and show them Nomad friendship... or teach them how to be more 'human', as jrbaja used to say!

Good luck Heather!

Woooosh - 1-23-2009 at 08:34 PM

Quote:
Originally posted by David K
Make some tamales and take them over and show them Nomad friendship... or teach them how to be more 'human', as jrbaja used to say!

Good luck Heather!


A good neighbor is worth the loss of land sometimes. Our neighbor still has no idea his wall is three feet on our side. It's a beautiful brick wall actually with years of plants and huge bouganvillas. We found out during a before-construction survery. We just changed our building plans and built our wall right behind theirs. They did ask one time if we minded their plants growing over our wall and we said "no" so long as you don't mind a plam frond or two falling on your yard from ours. Sometimes you get lucky-that's one side of our property we never have to worry about and the relationship was worth the loss of real estate.

The tamales is a great idea if they are reasonable people. Sometimes people just want some attention.

Paula - 1-23-2009 at 09:37 PM

I don't get it, Whoosh. Why didn't you just take advantage of the wall that was already there? Was the wall that you built a fence or the wall of your house?

Woooosh - 1-24-2009 at 09:45 AM

Quote:
Originally posted by Paula
I don't get it, Whoosh. Why didn't you just take advantage of the wall that was already there? Was the wall that you built a fence or the wall of your house?


I built a very secure U-shaped house with high permieter walls (cement block) and an interior courtyard. The kids in the neighborhood call it "the castle" some neighbors say it looked like a prison going up during construction. Of course now we look like geniuses with the crime wave.

The neighbors existing brick wall wasn't really tall enough to protect my house (or theirs either). So my wall is against theirs- but extends another 10 feet up over theirs. We painted it and it blends in under the plants and trees. The wall is on the north side of the neighbors property and it has greatly improved their privacy and their garden as well. We are both happy and tell each other how lucky we are to have each other for neighbors all the time (especially in these times). I know we were uncommonly generous about this- but it is the way I was raised and we really didn't think about it that much. (neighbors are elderly and the man is retired military from the Korena War era- very easy to like and respect)

[Edited on 1-24-2009 by Woooosh]

[Edited on 1-24-2009 by Woooosh]

[Edited on 1-24-2009 by Woooosh]

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Paula - 1-24-2009 at 12:36 PM

Ah-ha!

Now I understand. And I agree with Morgaine that you were very generous!

BajaGringo - 1-24-2009 at 12:58 PM

Great story Woooosh - I like the way you think...

Heather - 1-28-2009 at 03:46 PM

Thanks for the help folks. Still don't know what we'll do though. He sure is a persistent neighbor.

We tried to be neighborly, as we are with the folks on the other side, but he is very aggressive about this. He's obviously not from Baja, think he's from Pueblo or some other big city on the mainland, so maybe they do things differently over there!

He had a couple of workers around this summer and was willing to send them over to remove the trees, and at an exhorbinant fee to us. He sees gringa me and thinks we have lots of $$ to throw around in Cabo. We're the ones living in the trailer, though! Oh well. I'd like to tell my husband to just not worry about it, but like I said, my step-son is getting harassed! Hopefully he can give him the old Mexican manana treatment, until we get down there this summer. saludos y gracias, Heather