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monoloco
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Location: Pescadero BCS
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Quote: Originally posted by Lee  | | Quote: Originally posted by HeyMulegeScott | | Quote: Originally posted by gnukid |
The vast majority of sales in Baja begin as Ejido sales, person to person with no agents, which can be far more secure form of buying than any other
option in Baja. Depending on the type of parcel, uso comun is disputable, Ejido Parcels are not disputable and are protected at a super federal level.
Research Ejido properties to learn more.
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This sound like horrible advice. |
Not bad advice at all.
If you follow the ''chain of title'' for the past 25 years, at least in the Todos area, Ejido owned the land and if you were a buyer, you dealt with
the Seller, the Ejido. Didn't mean you wouldn't need a Notario.
For Buyers who didn't know MX real estate, a local real estate agent could be helpful.
A risky proposition in the 90s, in the Todos area, was Buyers buying from Ejido, who didn't have title. Property was sold on the promise that when
Title came in, it would be transferred to the new Owner. |
It's not at all risky to buy ejido property if it
has an escritura issued by the federal government and has a notarized "derechos de tantos" which proves that the ejido members were given an
opportunity to exercise their first right to buy the land at the agreed upon sale price.
"The future ain't what it used to be"
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SFandH
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"An Ejido property is not private property, and it cannot be sold to foreigners; it may only be sold to Mexicans. A Mexican citizen wishing to
purchase Ejido land must have the agreement of the whole community that “owns” the land. If an Ejido property is sold without the consent of all
owners, the buyer can risk a legal battle after the fact, which, in the worst-case scenario means the land will be returned to the original owner.
The owner has rights of possession over the communal land, but does not have a Deed, and if he wants to sell it, he needs the approval of the assembly
of the commissary. The commissary will never approve selling to a foreigner because it would be against the law.
The only way to acquire Ejido land is to go through a privatization process that transfers the property to a Mexican citizen through a Title or Deed.
Transferring Ejido property into private ownership is a time-consuming process, and there are no guarantees it will succeed. Until an Ejido Title has
been transferred to private property by a Mexican, foreigners cannot acquire ownership of Ejido land."
https://mexlaw.com/ejido-mexican-concept-misunderstood-forei...
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gnukid
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Completely incorrect. The majority of land in Mexico is still ejido and the majority sold so far has been ejido, ejido comes in at least three
flavors. One is parcel which is owned by an individual and can be sold to an individual. The Ejido land can go through a process to become part of
delegation and titled and most often is.
FYI no ejido is equal, it is made up of personalities, families and one must do due diligence.
It's perfectly fine for anyone to pursue any method of buying or renting or camping etc they choose in Mexico, however, be aware there are charlatans,
generally those posing as lawyers and real estate agents, while no such licenses or laws exist to control fiduciary responsibility of agent to client.
Those in the know, are aware that fraud is rampant generally due to lack of regulation and lack of experience.
It's quite sad that people claiming to be real estate agent cause so much havoc for buyers in Mexico while they provide no benefit or legal
requirement to ensure they are working in the interest of the buyer or seller. Worse of course is the double ending agent claiming to represent seller
and buyer while doing neither nor doing any of the required leg work to ensure completion of transaction.
If you are interested in buying and want to pursue using an agent and lawyer and believe you are well served then its buyer beware. It's your choice.
While the highest most secure form of ownership is person to person, validated directly, whether as titled and transferred with Notario you trust and
registered in the ayuntamiento or ejido parcel with constancia which can also be notarized and titled.
I'm closing on selling and buying this week, the amount of imcompetence by so called real estate agents, accountants, lawyers, and notarios is
outrageous. But, I have experience to know we must validate everything personally, and meet face to face with each office and ensure each detail is
completed ourselves otherwise it will not happen. The problem is when the other party puts their confidence in untrustworthy parties and shares the
personal details, or worse access to funds with untrustworthy parties.
I'm not going to share the endless horror stories I've personally witnessed with "real estate agents" "lawyers" and "accountants" other to say Good
luck and buyer beware, but you can look up news stories of real estate fraud in Baja.
There is no such thing as a real estate agent in Baja with fiduciary responsibility to buyer or seller as we know it in USA or other country.
[Edited on 1-27-2023 by gnukid]
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gnukid
Ultra Nomad
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Anyone can look up reports of fraud among agents and notarios of titled land
Roban 3 millones de Notaría Pública en La Paz
https://metropolimx.com/roban-3-millones-de-notaria-publica-...
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gnukid
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There are horror stories of leased land in ejido, uso comun, multiple sales of same land, confused property lines, etc. the rules are the same
worldwide, you need to do due diligence and demonstrate possession of land.
In USA or anywhere if you do not fence land, occupy and deny access to others, or you don't pay maintenance or taxes, after five years someone else
who has done so can claim established ownership by possession. Same rules and standards exist almost everywhere.
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BajaBuddies
Newbie
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Registered: 12-22-2022
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So to reel things in a bit...
From what I've gathered this area by the river in Mulege WILL flood. So that being said, what do you think fair price on this spot would be?
https://bajasur.craigslist.org/reo/d/home-and-land/757565284...
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baja-chris
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I'd try to negotiate a long term lease instead of buying there.
Then when it floods, owner pays to repair and if not you walk away.
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pacificobob
Super Nomad
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All the benefits veterans get?
YGBSM!
remarkable case of wilful ignorance.
[Edited on 2-5-2023 by pacificobob]
[Edited on 2-5-2023 by pacificobob]
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Mulege Canuck
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The Orchard has been fixed up really nice in the last few years. It looks great in there. Those little houses have proved they can survive a bad
flood. Gorgeous little homes!
However for me, I would only pay a max of $60000 given the flood risk. You will have to factor in the cost of the bank trust title change. I am not
sure how expensive that procedure is. Make sure you get flood insurance. I went through a claim myself for hurricane Odile, it was definitely worth
it.
Having said all that, please note that I am a cheap Canadian 😎
[Edited on 2-4-2023 by Mulege Canuck]
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BajaBuddies
Newbie
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Registered: 12-22-2022
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I appreciate the insight!
Where do y'all typically look for baja properties?
We usually end up looking at point2, buyloreto, and Mulege realty.
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Almost
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Registered: 1-18-2022
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We looked at all of those and ended up dealing with Denise Stubbs from Live in Loreto. Closed last July and everything went slowly, but reasonably
well. Great work and representation from Denise.
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