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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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hahahahaha...........Ol' Bob is just another victim of the "USA is the only way" syndrome.
Live and learn, Bobby. Keep your wheels on your investment....especially around that ten year point in time.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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When we're all done with this....bring back my trash can. I know you took it and I want it back.
Empty....please.
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Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
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Jeeesus Christos...
| Quote: | Originally posted by DENNIS
Keep your wheels on your investment....especially around that ten year point in time. |
You guys are hard corps.
It's not like he bet the farm or is building a mansion.
If there ever was a poster boy for "never investing more than you can afford to lose"...
He's it. 
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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Bite Me...........
I'm going to bed.........
G'nite.
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bajamigo
Super Nomad
Posts: 1218
Registered: 6-17-2006
Location: Punta Banda, BC
Member Is Offline
Mood: hubimos llegado
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Picky, picky.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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| Quote: | Originally posted by bajamigo
Picky, picky. |
I went to bed so I won't see this 'til tomorrow.
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SFandH
Elite Nomad
Posts: 7433
Registered: 8-5-2011
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Bob,
Did you find the responses helpful? 
Ask the Mexican customs people at the border about importing your stuff and a Mexican real estate attorney (Ensenada yellow pages or better a
referral) about your lease. Take a translator with you if needed.
This message board is best for travel information.
[Edited on 8-14-2011 by SFandH]
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Pescador
Ultra Nomad
Posts: 3587
Registered: 10-17-2002
Location: Baja California Sur
Member Is Offline
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If you have not done a prior declaration on your load, it will not count on your one-time importation of your household goods. It will not allow you
multiple trips to haul your stuff down. You will find that you will get all the questions if you contact the Embassy in San Diego and they can get
you the proper paperwork and forms.
If you decide to just haul it down yourself, you need to make a list of what you are importing and what is on your load and then you declare those
items and pay an import tax on them. Last I did was at 16% of declared value. The new importation agents at the border are college educated and
have computers with approximate values of millions of different items so do not try to play too loosely with the values or they will adjust
accordingly.
Finally, you actually have a 9 year 11 month least if it is registered with a Notario. It is legally adjustable by the owner if he decides to raise
your raites at "automatic renewal". He may not know that and you may be saved by his "ignorance" of the law, but he may also be like a lot of the
landlords that all of the posters have experience with and may get himself educated before renewal takes place. The law is pretty clear about this
issue so you would not have legal recourse if he decides not to renew or raise the rates at that time. But you can legally remove your belongings
from his property in that situation.
Sorry that you got the buzzsaw with your question as the responses are usually not quite so acerbic to this issue and good luck with your venture.
You are doing the right thing by asking a lot of questions and you just have to throw out the bad answers.
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BajaGringo
Ultra Nomad
Posts: 3922
Registered: 8-24-2006
Location: La Chorera
Member Is Offline
Mood: Let's have a BBQ!
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Somehow I always end up being late to the party on these threads...
Bob - there is some good advice here along with the usual jabs tossed towards newbies who try to swim against the current. Those posters who told you
that you legally only have a ten year lease are correct. The notario who handled your leases was only providing a legal affirmation that those who
signed the documents were who they said they were, nothing else. Mexican courts have showed a long history of upholding the law that limits leases to
a maximum of ten years, when challenged.
If you have a good landowner who is a man of his word, there is no reason to believe that he wouldn't go ahead and honor the second and third ten year
leases. Lots of Gringos down here have enjoyed such relationships over the years. I recently talked to a guy whose dad started leasing from a
landowner back in the 50's and now he is getting ready to pass it onto his kids. It's really great when that works out.
But now let's say the landowner decides to sell the land or God forbid, passes away and the property passes onto other family members. They will be
under no legal obligation to honor either the second or third lease - that is what others here are trying to explain to you.
So before you go spending too much money on anything down here, do so only with the understanding that in ten years it "might" not renew. You will not
be able to force them to do so legally.
So, let's try to get back to your original question...
Are you leasing property that already has a house or will you be building? If you are just bringing down household items and live in the San Diego
area I would suggest just making a few trips with the stuff on the back of a pickup and there is a very good chance that you will just be waved
through - especially if it is used. If you have more and will need to be using a trailer I would suggest crossing at Tecate and contracting a customs
broker there for a very reasonable fee and they will handle it. Other forum members have done just that, bringing down some high dollar solar gear and
tell us that is the way to go.
So welcome to the forum and to my little region of the peninsula that I have come to love so much. It sounds like you will be down in the Socorro area
maybe?
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drarroyo
Nomad
Posts: 497
Registered: 6-15-2010
Member Is Offline
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| Quote: | Originally posted by DENNIS
In fact....don't move down here. You're too stoooopid to asimilate and you would embarrass me if you tried.
If you need to live in Mexico....move to Los Angeles. |
so sad. poor guy.
Bob in San Diego! It would appear you're quite capable of the necessary research to minimise any future drama! Welcome, and other than the trash...
there's also plenty of good folks with good advice.
Suerte!
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larryC
Super Nomad
Posts: 1499
Registered: 8-11-2008
Location: BoLA
Member Is Offline
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| Quote: | Originally posted by BajaGringo
Somehow I always end up being late to the party on these threads...
Bob - there is some good advice here along with the usual jabs tossed towards newbies who try to swim against the current. Those posters who told you
that you legally only have a ten year lease are correct. The notario who handled your leases was only providing a legal affirmation that those who
signed the documents were who they said they were, nothing else. Mexican courts have showed a long history of upholding the law that limits leases to
a maximum of ten years, when challenged.
If you have a good landowner who is a man of his word, there is no reason to believe that he wouldn't go ahead and honor the second and third ten year
leases. Lots of Gringos down here have enjoyed such relationships over the years. I recently talked to a guy whose dad started leasing from a
landowner back in the 50's and now he is getting ready to pass it onto his kids. It's really great when that works out.
But now let's say the landowner decides to sell the land or God forbid, passes away and the property passes onto other family members. They will be
under no legal obligation to honor either the second or third lease - that is what others here are trying to explain to you.
So before you go spending too much money on anything down here, do so only with the understanding that in ten years it "might" not renew. You will not
be able to force them to do so legally.
So, let's try to get back to your original question...
Are you leasing property that already has a house or will you be building? If you are just bringing down household items and live in the San Diego
area I would suggest just making a few trips with the stuff on the back of a pickup and there is a very good chance that you will just be waved
through - especially if it is used. If you have more and will need to be using a trailer I would suggest crossing at Tecate and contracting a customs
broker there for a very reasonable fee and they will handle it. Other forum members have done just that, bringing down some high dollar solar gear and
tell us that is the way to go.
So welcome to the forum and to my little region of the peninsula that I have come to love so much. It sounds like you will be down in the Socorro area
maybe? |
Ron gave you the answer that I would have. Your relationship with land owner is good now, but when and if you start having to deal with the family
members things can change.
As far as importing your house hold goods, there is a form that you can fill out which is a one time duty free pass to bring all your household goods
accross the border. I forget what that is called but it used to cost about $125 us. It may be worh your time to go to the consulate and get one. The
last couple of years the customs people have been turning pjeople around that have too much building materials. It mght be easier to get the stuff at
Homedepot in Ensenada and haul it from there.
Good luck with your new place.
Larry
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BajaBlanca
Select Nomad
Posts: 13242
Registered: 10-28-2008
Location: La Bocana, BCS
Member Is Offline
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wow ...this is one hot issue .... and because it seems relevant, I have a story to tell:
we just had a Mexican LOPEZ family member staying with us. He told us a story that really shocked me. His family and about 49 others lived in
Rancho Lopez between Rosarito and Ensenada for muchos anos and one day someone showed up with a paper saying that where they lived was not theirs, but
was actually apart of land DEEDED from SPAIN (I kid you not) and when it went to court, they "won" !! All the families were kicked out. And a huge
development went up with big houses.
so, the bottom line is, is anyone's home safe ??????? How do you argue land deeded in the 1800's .... right?
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toneart
Ultra Nomad
Posts: 4901
Registered: 7-23-2006
Member Is Offline
Mood: Skeptical
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This looks like a thorough website with many valuable references.Bookmark it! 
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DianaT
Select Nomad
Posts: 10020
Registered: 12-17-2004
Member Is Offline
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| Quote: | Originally posted by BajaBlanca
wow ...this is one hot issue .... and because it seems relevant, I have a story to tell:
we just had a Mexican LOPEZ family member staying with us. He told us a story that really shocked me. His family and about 49 others lived in
Rancho Lopez between Rosarito and Ensenada for muchos anos and one day someone showed up with a paper saying that where they lived was not theirs, but
was actually apart of land DEEDED from SPAIN (I kid you not) and when it went to court, they "won" !! All the families were kicked out. And a huge
development went up with big houses.
so, the bottom line is, is anyone's home safe ??????? How do you argue land deeded in the 1800's .... right? |
Is anyone's home safe? I think not---some safer than others, but the possibility of a land dispute is always there.
Leasing, I believe is one of the least safe, but some people have done it for years and years with no problems. As others have said, problems often
happen when the owner dies.
There is a rather large development near where Bob is leasing where the people thought they had 10, 20, 30 or even lifetime leases. They were very
sure the owner and his family were honorable so they built very nice homes. The owner was killed in an automobile accident and...............
well, no need for the rest of the story except to say that it cost them a good deal of money to save their homes.
BTW---they knew that the long term leases, or the short ones with automatic renewal were not "legal", but they were not worried because they trusted
the owner.
It really is all about one's tolerance for risk -----
[Edited on 8-14-2011 by DianaT]
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byoungquist
Junior Nomad
Posts: 41
Registered: 2-4-2010
Location: San Diego
Member Is Offline
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DianaT, Shari has an open invitation for me to visit Bahia Ascuncion. I had thought about moving my 5th wheel down there. I also have a large camper
on a 4x4 truck, all self contained with a generator. Where would a nice secluded place be to park that rig near the Bay?
Thanks,
Bob
San Diego
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byoungquist
Junior Nomad
Posts: 41
Registered: 2-4-2010
Location: San Diego
Member Is Offline
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Ladies and Gentlemen:
This has been an interesting experience. Thanks to all, including DENNIS, for your concerns and thoughts.
I guess I have 9 year, 11 month lease with renewals at the mercy of the landowner. Fortunately, the landowner is a "friend" and his oldest son is my
hunting partner. The 1/2 acre lease starts at a nominal monthly amount and the terms of the "lease" allow the monthly figure to double at the
beginning of the subsequent 10 year terms. So...I think everyone will be happy; also, my investment will be minimal and mobile.
Thanks again,
Bob
San Diego
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DianaT
Select Nomad
Posts: 10020
Registered: 12-17-2004
Member Is Offline
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| Quote: | Originally posted by byoungquist
DianaT, Shari has an open invitation for me to visit Bahia Ascuncion. I had thought about moving my 5th wheel down there. I also have a large camper
on a 4x4 truck, all self contained with a generator. Where would a nice secluded place be to park that rig near the Bay?
Thanks,
Bob
San Diego |
Bob, if you are doing business with Shari, she would be the best person for you to ask.
| Quote: | Originally posted by byoungquist
........ my investment will be minimal and mobile.
Thanks again,
Bob
San Diego |
IMHO, a good idea for the leased land.
[Edited on 8-14-2011 by DianaT]
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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| Quote: | Originally posted by byoungquist
This has been an interesting experience. Thanks to all, including DENNIS, for your concerns and thoughts.
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You good experience here on the board is my utmost concern.
Welcome to BajaNomad. 
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shari
Select Nomad
Posts: 13052
Registered: 3-10-2006
Location: bahia asuncion, baja sur
Member Is Offline
Mood: there is no reality except the one contained within us "Herman Hesse"
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| Quote: | Originally posted by byoungquist
"Numerous studies have show that a large percentage of forum posters are either stoned or drunk." |
do I hear a poll starting????
Seriously....welcome to Nomadlandia youngquist and I wish you all the best in your move! I highly recommend making amigos with bajagringo...
your "agreement" is a very common one which seems great when it's made. Unfortunately sh$t happens in the families who made those agreements and your
legal "rights" can be thrown out with the basura....but baja is often worth the risk and everything turns out just dandy....or not!
Enjoy...sorry I cant help with your original question as I just bought all my stuff in segundas down here.
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BajaGringo
Ultra Nomad
Posts: 3922
Registered: 8-24-2006
Location: La Chorera
Member Is Offline
Mood: Let's have a BBQ!
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| Quote: | Originally posted by byoungquist
I guess I have 9 year, 11 month lease with renewals at the mercy of the landowner. Fortunately, the landowner is a "friend" and his oldest son is my
hunting partner. |
Bob - it sounds there is a high probability that you may be one of those who will enjoy a long term leasing agreement down here. It happens a lot - we
just rarely hear those stories. They don't make news like the occasional situation where people don't end up so happy.
You know how it goes - good news is no news.
The story I shared with you about the guy whose dad originally leased back in the 50's also shared with me that they had developed an extremely close
relationship with the landowners over the years. He and his wife were godparents to the first grandson of the landowner and he also told me they
haven't actually signed a lease going back three decades to the 80's. Nothing but handshake deals ever since.
It does work out for many - everybody here just wants you to understand the risks and now it sounds like you do. Also remember there are many others
who read these threads for information and may not be so lucky as you.
Have fun and keep us posted of your progress...
Ron
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