BajaNomad - Puertecitos Land Dispute & Eviction

Puertecitos Land Dispute & Eviction

steekers - 12-7-2015 at 10:22 AM

The following English translated article was taken from the San Felipe UNCENSORED Facebook group site. For those who prefer...the original article in Spanish can be accessed.

I am curious what any Nomads know about this dispute.

Eviction in Puertecitos

It is one of the most peaceful areas in the state, with pristine beaches of great richness. A murder, conspiracies and irregularities under litigation for 365 acres. "My father fought for this land," said one of those affected.

December 6, 2015, Puertecitos, Baja California - One morning in March, Maribel and her two sisters received a visit in Campo Serena, located some 47 miles from San Felipe: "We are the owners here." they heard from someone they did not know.

The unexpected visit continued. "We have a demand for eviction, and and so you have to leave," said Moisés Torres Flores, a member of ejido Plan Nacional Agrario, which is located north of San Felipe. He had arrived accompanied by a group of lawyers, as recalled by the young woman.

Maribel said that starting five years ago, she started to hear rumors related to people who wanted to steal these lands, inherited from her father, who received 120 acres donated by the government, an endowment of land by a public declaration published in the Official Gazette of Mexico, in September, 1970.

"My father died fighting for these lands," said Maribel.

The woman recalled that before the highways were built, it took five or six hours to go the San Felipe. There was no electricity, drinking water, much less telephones. "They started to insist that they were the owners, and we had to leave."

Maribel, 32 years old, recalls they even offered money, but her response, she says, was firm, "I am not selling. With all that has happened to us here, I don't believe you can pay for it."

The response from the visitors was that they will return to fence off her property, and since then they have lived in the uncertainty of being evicted.

The property is a polygon of 365 acres, divided into three parcels. One of them is Campo Serena, with more than 1,000 yards of beach on the warm and calm waters of the Sea of Cortés.

Maribel and her family administer there a half-dozen vacation homes to rent them to tourists and they are a little more than a mile from the Puertecitos district offices.

Five years ago, the Secretary of Communications and Transport finished the 47 miles of highway which joins Puertecitos with San Felipe and further south the road stretches 10 miles past Alfonsinas. There are only 20 more miles to build to connect Laguna Chapala, the junction with the Transpenisular Highway and the lush Valley of the Cirios, a protected natural area.

The Lawyers

Guillermo Amador Molina lived in this location all his life, said Maribel, his daughter. The man died in September, 2003. About 10 years later the demands started, according to the information provided by two lawyers, Santiago Astengo and Homero de la Peña.

According to these lawyers, on September 28, 2006, José Luis Garibay Ugarte, in complicity with Efrén Enrique Castelo Palafox, managed to register with a Notary, a general power of attorney, which presumably was granted by José Garibay Ugarte -- supposedly dead -- authorizing them to sell the land.

And it is in this intricate process that a series of irregularities have been configured that involves not only the person deemed to be the legal owner of the property, Moisés Torres Flores, but also notary Arturo Blas Elizondo, who illegally managed to record the property map in the Ensenada Municipal Property Registrar.

The attorneys say that Moisés Torres Flores, a member of ejido Plan Nacional Agrario, is also linked to the sale of ejido properties to the Carso Group, owned by Carlos Slim, where there is now located a gold mine.

"And this is how on September 28, 2011, the supposed buyer, Moisés Torres Flores and the supposed holder of the power of attorney of José Garibay Ugarte, signed a purchase contract," said the lawyers.

This contract was documented by Notary Norma Alicia Romero Miranda, Notary Public No. 4 based in Mexicali, and supposedly is for the 365 acres and for which was paid US$600,000. In addition to Campo Serena, this property includes two other parcels, one owned by Octavio Dagnino and the other the heirs of Florencia Castro Salomón, who was murdered in her home, there on that property, August 8, 2014.

According to the lawyers, when the purchase contract was prepared by the notary, it was accompanied by documents in the name of José Luis Garibay Ugarte, and the purchase contract was in the name of José Garibay Ugarte.

When they tried to record the purchase contract at the Public Registrar of Property in Mexicali, it was rejected with a Report of Not Permissible, as there already exists in the Public Registry a title to the property in the name of Octavio Dagnino Angulo, so there is an overexposure on both properties.

You can do it in Ensenada

Faced with this situation, the "buyers" went to the Public Registry of Property in Ensenada, at the same state agency but the Ensenada offices, where they were permitted to record the document in the name of Moisés Torres Flores.
Desalojo al sur de San Felipe
Puertecitos, Baja California.- Una mañana de marzo, Maribel y sus dos hermanas recibieron una visita en Campo Serena, ubicado a unos 75 kilómetros del puerto de San Felipe: “Nosotros somos los dueños de aquí”, escucharon…
zetatijuana.com

MMc - 12-7-2015 at 11:09 AM

Let the Games begin.... Land title is the #3 sport in Mexico.

elgatoloco - 12-7-2015 at 12:01 PM

Quote: Originally posted by MMc

Let the Games begin.... Land title is the #3 sport in Mexico.

Whats the first 2?

MMc - 12-7-2015 at 04:16 PM

1 Soccer
2 Baseball
3 Fighting over land ownership
:lol:

steekers - 12-7-2015 at 04:26 PM

Quote: Originally posted by MMc

1 Soccer
2 Baseball
3 Fighting over land ownership
:lol:

More like
1. Drugs
2. Illegal weapons
3. Land ripoffs

steekers - 12-7-2015 at 06:02 PM

Quote: Originally posted by David K

Mexico: The Amigo Country! :light:

Oh Cmon David...you have more to say that that!

norte - 12-7-2015 at 06:08 PM

Some people have lost there whole life's savings because of the way Mexico handles land titles and land disputes. Amigos while they steal your money.

Must be the New World Order.

norte - 12-7-2015 at 06:10 PM

Quote: Originally posted by David K

Quote: Originally posted by steekers

Quote: Originally posted by David K

Mexico: The Amigo Country! :light:

Oh Cmon David...you have more to say that that!

Now you know what will happen if I do Michael... At least 2-3 DK bashers here will roll out all their ammo to counter ANYTHING I might say or think that is counter to their New World Order way of thinking! LOL

Well at least when you say something especially stupid. Making light of someone losing there land is not the smartest thing in the world to do.

TMW - 12-7-2015 at 06:22 PM

DK was right here they come.

Some people lose their land due to corruption, some lose it due to ignorance and some lose it by being stupid. The situation above appears to be from corruption.

norte - 12-7-2015 at 06:27 PM

Quote: Originally posted by David K

Mexico: The Amigo Country! :light:

Oh. I see. This intelligent response.

I feel for these people that they owned land for a very long time. Obviously, some of you have not felt the sting of losing your land and think its no big deal... Right TMW. You are probably too smart to have this happen to you. Or is it just Amigo country to you as well.

rts551 - 12-7-2015 at 06:49 PM

I am surprised at some of you. You did not react this way when the very same thing happened to Mark and Oliva. Is it because these people don't serve hamburglers and beer?

Steekers, this happens way too often in Mexico, and it is not because of stupidity or ignorance. Just pure greed and a shaky foundation for property ownership due to redistribution after their revolution.

TMW - 12-7-2015 at 08:43 PM

Quote: Originally posted by norte

I feel for these people that they owned land for a very long time. Obviously, some of you have not felt the sting of losing your land and think its no big deal... Right TMW. You are probably too smart to have this happen to you. Or is it just Amigo country to you as well.

I don't plan to lose any land in Mexico because I don't plan to own any there. I don't trust the Mexican legal system. Like I said if you took the time to read what I said it appears to be corruption. When someone dies usually papers have to be filed to transfer ownership, was this done? The people taking the land from her may be on the legal side if she or the family did not do what was required by the law. I don't know the what ifs so that is why I said it appears. If you don't like the Mexican law get it changed or figure out how to work around it.

As far as Mark and Oliva is concerned I never made any comment either way as I don't know them any more than I know the people in this situation.

BajaTed - 12-7-2015 at 08:58 PM

"received 120 acres donated by the government, an endowment of land by a public declaration published in the Official Gazette of Mexico, in September, 1970."

With all due respect, these words do not constitute ownership or grace from payment of taxes at all levels of the government since 1970.

steekers - 12-7-2015 at 09:04 PM

To all Nomads...can we just stick to discussing what facts you may have or know about and refrain from the personal attacks?

I am looking for input from those that have some useful and case-relevant info. Like some of you, I don't trust the legal system in Mexico. Thanks :bounce:

redhilltown - 12-12-2015 at 12:43 AM

Sam at Puerto Santo Tomas south of Ensenada has for the last few years been having the same problems...a development company under the guise of an ejido is laying claim to his property that he has been on for 40 years. I of course have no idea of the particulars but there are roads being cut and something is going on. Having land on the water really seems tricky in Mexico...

ehall - 12-12-2015 at 04:37 AM

Don't invest anymore in a foreign country than you are willing to walk away from. Read that somewhere,probably on here. Seems to be sound advice.