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loki
Banned
Posts: 54
Registered: 8-9-2008
Location: Spartanburg, SC
Member Is Offline
Mood: really happy
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| Quote: | Originally posted by Packoderm
I hope that any action taken, if any, by those burned out is some type of legal action. I would hate to see one of them arrange for the burning of
whatever new gets built there. |
Your kidding right?
Mulege is still the wild west and the ministerial publico office there takes the highest bid offered. Ask anyone who has lived there and done business
there. There are some Mexicans in Mulege that can get away with anything and have a get out of jail card because of who they are and who they are
related to.
These burned out folks have no hope of justice. Besides, only palapas burn and concrete does not.
I want the truth. Do not give me B$
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k-rico
Super Nomad
Posts: 2079
Registered: 7-10-2008
Location: Playas de Tijuana
Member Is Offline
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| Quote: | Originally posted by capt. mike
SI ! i theeeeeeenk so. would ju like a free breakfast and listen to a great opportunity to have your own special casita en baja?! |
How did you know what I was thinking? Afterall, it is a really nice beach and a buyers' market. I wonder what's being planned.
BTW you need to use a spell checker.
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Bajajack
Banned
Posts: 370
Registered: 5-20-2007
Location: Arizona
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I dont know what the law is
in mexico but as just about everywhere else they probably do have a squatters law.
And I do know how it works in the PI, it only takes one year on unused land and you cannot get em off, so it leaves the landowners no choice.
But they have the perfect solution, the landowner hires local militia, they go to said property at 4 in the morning, roust everybody, give em 5
minutes to be gone or stay there forever, then they torch it.
Problem solved, cased closed.
\"take what you can, give nothing back!\"
We have room for but one language here, and that is the English language... and we have room for but one sole loyalty and that is a loyalty to the
American people.\'
Theodore Roosevelt 1907
We can have no \"50-50\" allegiance in this country. Either a man is an American and nothing else, or he is not an American at all.
Theodore Roosevelt
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Santiago
Ultra Nomad
Posts: 3511
Registered: 8-27-2003
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| Quote: | Originally posted by Bruce R Leech
where in the world did you here thatthat is the biggest bunch of BS I think I have ever seen |
Bruce: This is from http://www.answers.com/topic/squatting-2.
Mexico squatters are known as paracaidistas (that is, paratroopers, because they "drop" themselves mostly at unoccupied lands), and it is a common
practice in large cities. Since the most valuable real property is located near the downtowns of the cities, the paracaidistas usually establish slums
at unoccupied lands at the outskirts of the cities. Since Mexican laws establish that an individual may take legal possession of a property after 5
years of peaceful occupation, many paracaidistas establish themselves with the hope that the legitimate owner will not discover them and expel them
before 5 years. Large extensions of many Mexican cities were established originally as squats (for example, Neza City, in Mexico City).
I have no idea how accurate this is but I have read the same thing in 5 or 6 web sites so far. From what I've been able to discern, it's hard to
legally get rid of someone who is occupying your land but it's also hard for the squatters to get a legal right to re-occupy the land once they've
been removed. Hence - it's way better for the land owner to just make life unbearable so the Castros leave (oh - sorry ESL, slipped out).
I ran across a web site that told Mexican property owners to wait until the deadbeats and/or squaters leave the premises, change the locks and make
sure the utilities are in the owners name. They seemed to indicate that this was on rather thin legal ice but often worked. I find it facinating
what people will do when the legal system is very difficult to access. Lots of grey areas open up are soon accepted as the way to do things. I think
the English system is better than the Roman system of law but most of Europe and all of South America use the roman system. 6 million coyotes can't
be wrong.
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David K
Honored Nomad
Posts: 64835
Registered: 8-30-2002
Location: San Diego County
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Mood: Have Baja Fever
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"Hence - it's way better for the land owner to just make life unbearable so the Castros leave (oh - sorry ESL, slipped out)."
That's a good analogy Santiago! May he rest in peace!
Chopy and I, Cielito Lindo, Sept. 2002 (BBBB#4)
[Edited on 8-15-2008 by David K]
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tsgarcia69
Banned
Posts: 45
Registered: 8-11-2008
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| Quote: | Originally posted by Bruce R Leech
| Quote: | Originally posted by tsgarcia69
In Mexico, if a person occupies a property for 5 years without a legal protest from the owner, he can get legal title to the property. The legal
process to evict a squatter can take years. |
where in the world did you here thatthat is the biggest bunch of BS I think I have
ever seen |
This one's on the house, Bruce. The next time you make a fool of yourself, it is going to cost you.
| Quote: | Congreso del Estado de B.C. Codigo Civil para el Estado de Baja California.
Página 217
CAPITULO II
DE LA PRESCRIPCION POSITIVA
ARTICULO 1138.- La posesión necesaria para prescribir debe ser;
I.- En concepto de propietario;
II.- Pacífica;
III.- Continua;
IV.- Pública.
ARTICULO 1139.- Los bienes inmuebles se prescriben:
I.- En cinco años, cuando se poseen en concepto de propietario, con buena fe,
pacífica, continua y públicamente;
II.- En cinco años, cuando los inmuebles hayan sido objeto de una inscripción de
posesión;
III.- En diez años, cuando se poseen de mala fe, si la posesión es en concepto de
propietario, pacífica continua y pública;
IV.- Se aumentará en una tercera parte el tiempo señalado en las Fracciones I y III, si
se demuestra, por quien tenga interés jurídico en ello, que el poseedor de finca rústica no la ha
cultivado durante la mayor parte del tiempo que la ha poseído, o que por no haber hecho el
poseedor de finca urbana las reparaciones necesarias, esta ha permanecido deshabitada la
mayor parte del tiempo que ha estado en poder de aquel.
ARTICULO 1140.- Los bienes muebles se prescriben en tres años cuando son
poseídos con buena fe, pacífica y continuamente. Faltando la buena fe, se prescribirán en cinco
años.
ARTICULO 1141.- Cuando la posesión se adquiere por medio de violencia, aunque
ésta cese y la posesión continúe pacíficamente, el plazo para la prescripción será de diez años
para los inmuebles y de cinco para los muebles, contados desde que cese la violencia.
ARTICULO 1142.- La posesión adquirida por medio de un delito, se tendrá en cuenta
para la prescripción a partir de la fecha en que haya quedando extinguida la pena o prescrita la
acción penal, considerándose la posesión como de mala fe.
ARTICULO 1143.- Fue reformado mediante Decreto No. 205, publicado en el
Periódico Oficial No. 27, de fecha 30 de junio de 2006, Tomo CXIII, expedido por la H.
XVIII Legislatura, siendo Gobernador Constitucional el C. Eugenio Elorduy Walther 2001-
2007; fue reformado por Decreto No. 338, publicado en el Periódico Oficial No. 23, Tomo
CXIV, de fecha 01 de Junio de 2007, expedido por la Honorable XVIII Legislatura, siendo
Congreso del Estado de B.C. Codigo Civil para el Estado de Baja California.
Página 218
Gobernador Constitucional el C. Eugenio Elorduy Walther, 2001-2007; para quedar como
sigue:
ARTICULO 1143.- El que hubiere poseído bienes inmuebles por el tiempo y las
condiciones exigidas por este Código para adquirirlos por prescripción, puede promover juicio
contra el que aparezca como propietario de esos bienes en el Registro Público de la Propiedad
y de Comercio, a fin de que se declare que la prescripción se ha consumado y que ha
adquirido, por ende, la propiedad.
ARTICULO 1144.- La sentencia ejecutoria que declare procedente la acción de
prescripción, se inscribirá en el Registro Público y servirá de título de propiedad al poseedor. |
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loki
Banned
Posts: 54
Registered: 8-9-2008
Location: Spartanburg, SC
Member Is Offline
Mood: really happy
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Wow.
I want the truth. Do not give me B$
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Bruce R Leech
Elite Nomad
Posts: 6796
Registered: 9-20-2004
Location: Ensenada formerly Mulege
Member Is Offline
Mood: A lot cooler than Mulege
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This one's on the house tsgarcia69 this dose not work when the land owner is renting you the land and paying all the taxes. if he cancels your lease
you have 3 months to leave if your lease expires you have 30 days after he gives you notice. if you try to homestead you will be sorry.
do you really think the laws you posted apply in this case or were you posting them for some other thread
[Edited on 8-15-2008 by Bruce R Leech]
Bruce R Leech
Ensenada
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Bruce R Leech
Elite Nomad
Posts: 6796
Registered: 9-20-2004
Location: Ensenada formerly Mulege
Member Is Offline
Mood: A lot cooler than Mulege
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| Quote: | Originally posted by loki
| Quote: | Originally posted by Packoderm
I hope that any action taken, if any, by those burned out is some type of legal action. I would hate to see one of them arrange for the burning of
whatever new gets built there. |
Your kidding right?
Mulege is still the wild west and the ministerial publico office there takes the highest bid offered. Ask anyone who has lived there and done business
there. There are some Mexicans in Mulege that can get away with anything and have a get out of jail card because of who they are and who they are
related to.
These burned out folks have no hope of justice. Besides, only palapas burn and concrete does not. |
Loki is 100% corect in this post
Bruce R Leech
Ensenada
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tsgarcia69
Banned
Posts: 45
Registered: 8-11-2008
Member Is Offline
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| Quote: | Originally posted by Bruce R Leech
This one's on the house tsgarcia69 this dose not work when the land owner is renting you the land and paying all the taxes. if he cancels your lease
you have 3 months to leave if your lease expires you have 30 days after he gives you notice. if you try to homestead you will be sorry.
do you really think the laws you posted apply in this case or were you posting them for some other thread
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Well, for one thing, you just changed the criteria. In the case which is the subject of this thread, the landowner was no longer renting the land to
those who possessed it, in fact, it may not even be the same land owner. For seconds, there probably was no written lease, just a handshake deal with
monthly payments. And for thirds, I would like you to be a good fellow and post the source of your information, chapter and verse, just like I did for
you.
Unless, of course, that is just some BS?
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rpleger
Super Nomad
Posts: 1087
Registered: 3-12-2005
Location: H. Mulegé, BCS
Member Is Offline
Mood: Was good.
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Where in hell is PI?
Richard on the Hill
*ABROAD*, adj. At war with savages and idiots. To be a Frenchman abroad is to
be miserable; to be an American abroad is to make others miserable.
-- Ambrose Bierce, _The Enlarged Devil\'s Dictionary_
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CasaManzana
Nomad
Posts: 398
Registered: 7-4-2004
Location: Was Mulege:Posada Beach/now Zihuatanejo
Member Is Offline
Mood: Naykid
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New at 11
Imagin Andy Rooney saying this- "DID-JA ever wonder if this story about Punta Arena is really true...." Well this will something I may be able to
help with when I can get there to whitness when I am there on Saturday. I will report my observations shortly thereafter....camera in hand
Things are expensive, but at least we get a free trip around the sun once a year
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loki
Banned
Posts: 54
Registered: 8-9-2008
Location: Spartanburg, SC
Member Is Offline
Mood: really happy
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| Quote: | Originally posted by CasaManzana
Imagin Andy Rooney saying this- "DID-JA ever wonder if this story about Punta Arena is really true...." Well this will something I may be able to
help with when I can get there to whitness when I am there on Saturday. I will report my observations shortly thereafter....camera in hand |
Jim,
Could you take a picture of Santispac as well on your way back to Pasada from Punta Arena.
I have not seen it for some time and I am curious about the changes there.
Thanks
I want the truth. Do not give me B$
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capt. mike
Elite Nomad
Posts: 8085
Registered: 11-26-2002
Location: Bat Cave
Member Is Offline
Mood: Sling time!
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Richard - PI i think is the phillippine islands?
one of the former owners has some interesting factoids re all this over on the BBP board today.
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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CaboRon
Ultra Nomad
Posts: 3401
Registered: 3-24-2007
Location: The Valley of the Moon
Member Is Offline
Mood: Peacefull
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| Quote: | Originally posted by capt. mike
Richard - PI i think is the phillippine islands?
one of the former owners has some interesting factoids re all this over on the BBP board today. |
It would be helpful if you could cut and paste the BBP post.
They want fourty nine dollars to access that forum.
No can do.
CaboRon
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Bruce R Leech
Elite Nomad
Posts: 6796
Registered: 9-20-2004
Location: Ensenada formerly Mulege
Member Is Offline
Mood: A lot cooler than Mulege
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| Quote: | Originally posted by tsgarcia69
| Quote: | Originally posted by Bruce R Leech
This one's on the house tsgarcia69 this dose not work when the land owner is renting you the land and paying all the taxes. if he cancels your lease
you have 3 months to leave if your lease expires you have 30 days after he gives you notice. if you try to homestead you will be sorry.
do you really think the laws you posted apply in this case or were you posting them for some other thread
|
Well, for one thing, you just changed the criteria. In the case which is the subject of this thread, the landowner was no longer renting the land to
those who possessed it, in fact, it may not even be the same land owner. For seconds, there probably was no written lease, just a handshake deal with
monthly payments. And for thirds, I would like you to be a good fellow and post the source of your information, chapter and verse, just like I did for
you.
Unless, of course, that is just some BS? |
so your interruption of the law is anyone renting a house for five years and stays on good terms with there land lord gets to keep the house
Bruce R Leech
Ensenada
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rpleger
Super Nomad
Posts: 1087
Registered: 3-12-2005
Location: H. Mulegé, BCS
Member Is Offline
Mood: Was good.
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Some may be jumping the gun a little on thinking that this is a landlord/tenet dispute...
This could be some vandals out having a good ole time...
This could be...if some of the beach dwellers had insurance...what some call ***ish lighting, to recover some of their future loses...
Or it could be, as some have stated a landlord/ tenet dispute because of the pending sale of the property.
I went out and took some fotos and have a look around,,,there did not look as if anything had been taken or disturbed since the fire...
Richard on the Hill
*ABROAD*, adj. At war with savages and idiots. To be a Frenchman abroad is to
be miserable; to be an American abroad is to make others miserable.
-- Ambrose Bierce, _The Enlarged Devil\'s Dictionary_
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capt. mike
Elite Nomad
Posts: 8085
Registered: 11-26-2002
Location: Bat Cave
Member Is Offline
Mood: Sling time!
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sorry - the dues support our lobby efforts
in Mexico city which costs big $$$$ so no free lurking without joining up. the site publishes all kinds of useful current info to pilots and travelers
that might not be available elsewhere. too many were getting data but never contributing $$s by joining or buying guides so Jefe closed it to non
members this year with the full support of the members. there are several who watch this space that are members of BBP and some are not pilots.
$49 a year is one starbucks a month. or a margarita if you so choose. the trip
reports found there are unique and describe incredible adventures to all parts of mexico and centro amerika.
| Quote: | Originally posted by CaboRon
| Quote: | Originally posted by capt. mike
Richard - PI i think is the phillippine islands?
one of the former owners has some interesting factoids re all this over on the BBP board today. |
It would be helpful if you could cut and paste the BBP post.
They want fourty nine dollars to access that forum.
No can do.
CaboRon |
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
Member Is Offline
Mood: undecided
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Every structure, vehicle, and boat burned? Were all the "structures" palapa sun shades? Didn't they burn all the palaps at Santispac a while back?
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woody with a view
PITA Nomad
Posts: 15939
Registered: 11-8-2004
Location: Looking at the Coronado Islands
Member Is Offline
Mood: Everchangin'
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where are the fotos?
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