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BajaBad
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Leased Lot - are improvements made owned by lessee when stated as such in lease?
boring compared to the topless question - sorry~
I leased a lot, started to build a casita, went way overboard with plans and ended up having to sell my 'improvements' and move on. I did sell them
and received some payment (the guy turned convienently crazy in lieu of not paying... but I digress...). In Mulege that is common - expats 'buy' a
home on leased land, live in it, etc. then sell when they decide to sell, get money for the home if sells and pass on the lease to next owner.
But... is that just the way things work in Mulege? I have been told by realtors that the way they understand Mexican law, the property/ejido owner
always owns the improvements. You build on leased land, you are building a home for the lesser...
any thoughts helpful, gracias!
BajaBad - www.vivalabaja.com
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CaboRon
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Bajabad,
I believe you have got it right .....
The owner owns any improvements on leased property.
And, although the leaseing arrangements will be strongly defended by those who are involved ....
You really have no rights .
CaboRon
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rhintransit
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I dunno. it would be nice to know the law. anyone? not rumors or 'I think' but the legal status.
In El Juncalito, south of Loreto, 99% of gringo homes...huts to mansions...are on leased land. (I'm the sole exception, I lease my palapa/land and
have little hard investment in the property. that was my landlord's choice and I think the safest deal around). some lease from the eijido, some
lease from individual Mexicans. the format of leases vary, from handshakes to more formal.
improvements have been and continue to be 'sold' when the leasees move on. some landlords collect a percentage of the sale price. some leases
include a clause that the property belongs to the landlord after a certain period of time (generally 10 years). is this how it is elsewhere?
reality\'s never been of much use out here...
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Diver
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Here is an article that addresses the lease issue pretty well; nothing is "for sure" in Baja.
http://www.mlsbaja.com/BuyingOnLeasedLandInMexico.html
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CaboRon
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Excellent article Diver 
Seems to cover all the bases .
CaboRon
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rhintransit
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thanks, Diver.
reality\'s never been of much use out here...
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BajaBad
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** I should have prefaced other email - our thoughts our with all storm survivors - can't believe the gods picked on Mulege again... crazy.
Thanks for input, the article is great in describing different basic scenarios with leased land and 'what could happen'... but most likely won't
(what the situation is really, I think).
Would need a notario to confirm, but now realize that my being able to sell was just because that is how things are done in some towns, if the ejido
owner wanted to say "I own these improvements"... he could have, but then would lose his business of course. The 'law' in this case seems less
important in most situations than 'how lease agreements have been working/honored over the previous years...'
Appreciate the replys, BajaBad
www.vivalabaja.com
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DENNIS
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Isn't it the same in the states? You lease a house and build a permanent whatever, patio or fence, it becomes part of the house? That was my
understanding.
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CaboRon
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| Quote: | Originally posted by DENNIS
Isn't it the same in the states? You lease a house and build a permanent whatever, patio or fence, it becomes part of the house? That was my
understanding. |
If is sits on a foundation, or is attached to the house, it belongs to the property owner.
CaboRon
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BajaBad
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Here's what I added to section in eBook - thanks again.
---------------------------------------------------------------------
Important Note About Ownership of Improvements:
There is some legal disagreement as to whether a foreigner who has leased land in Mexico and then builds on the property ever owns the improvements,
even if it is written as such in the lease agreement. In some towns with large gringo communities it is standard practice, and the Mexican families
who lease have been around for years and upheld their agreements. Even so, if push came to shove and the Mexican land owner wanted to sell to a new
buyer, or take possession of the property – gringo homes and improvements included – most likely they could.
There is a saying in Mexico: don’t invest more than you are willing to lose. This is where that logic is applicable. Do your research and ask other
owners how the property owner in question conducts business before leasing property. A safe option is to lease and put a trailer or mobile home on
the land that can be moved if a dispute arises.
******************************
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Heather
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My situation is a little bit different, but tell me what you guys think of this one. My husband is Mexican and owns his piece of land in CSL
outright. We put a trailer on it about 7 years ago. We put in the plumbing to the street, fenced it in, built a bodega, and left it to be. Although
my brother-in-law and family live around the corner there were still break-ins. We visited once or twice a year and the important stuff (dishes,
sheets, towels, etc. were still there, so not too much of a problem for me.) When the drug-dealers started to move in, my brother-in-law "rented" the
place to one of his buddies. We got a caretaker, and he got a place to stay.
Rentor replaced the water pump, which had been stolen, and did some wiring and a few other things around the place. We would go back in the summers
and he would move elsewhere for the month or so that we were there. Hubby and I never saw any "rent" $ in the 3 years that this guy was there, so
don't know what kind of deal he had going with my brother-in-law.
Now, (Monday), we get urgent calls from my step-son, who is now going to move into the camper to go to school in Cabo, that the guy is going to take
the water pump because he put it in. (We thought that that was instead of paying rent)! or he'd sell the pump for $3500 pesos (pretty much what it
cost). Anyway if the lessee deal is such that the owner wins, the Mx guy here doesn't know that!! gotta run, H.
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Heather
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Yea, Soulpatch, that's pretty much how my husband saw it. He didn't want to make problems with his brother, or the other guy. So he said, "No es
justo, pero..."
I, on the other hand, would rather fight about it. I feel like we're paying the guy for 3 years of free rent!!
Oh well, I just hope my son stays on and finishes his school, and keeps an eye on the place! H.
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shari
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Mood: there is no reality except the one contained within us "Herman Hesse"
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hey heather...I can totally relate....I have endured many many "injustices" that I always want to "fight" to make it right but my mexican husband just
wants to let it be and chalk it up to experience. It is very frustrating and apart from a chick thing, it's cultural too, sort of they are used to so
many injustices....hate to say it but they are usually "right"!! Its usually not worth sweating over it...have a tecate instead and go for a swim.
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gnukid
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Ahem
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rhintransit
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yes, have a beer, have a swim, let it go. you are very very fortunate to have had the caretaker all those years and NOT have him try to stay on. I
know of at least one person who 'let' a Mexican national 'rent' his house...he never received a penny, and after five years and a totally move in of
the 'renter's' entire extended family...he will never get the house back. by the way, it's illegal, should 'renter' push it, for you to rent to a
Mexican without having your FM3 papers in order to do so. so, this guy couldn't sue for the back rent, either.
but, hey, I can relate to the wanting to retaliate for the injustice.
reality\'s never been of much use out here...
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Santiago
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"Understand your rights, Mexico has laws that protect renters and foreigners are given the same rights and obligations under Mexican law as
Nationals."
From the link that Diver posted - first time I got an answer to this question.
Thanks
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Bob and Susan
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this article that diver posted ALSO says...
"If buying on Lease Land,
be prepared to walk away with nothing at the end of the lease term
and do not invest more than you can afford to risk."
VERY IMPORTANT!!!
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Heather
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Well, the rentee came down on the price of the water pump to 2500 pesos, so I'm supposed to feel good about this? O.K. Shari, where's the beer??
Actually I'll wait till Friday and have a cuba libre, after my first week of school is over! I showed my students, my slide show of "My Summer in
Cabo", for their first day back treat! They all want to know if I speak Spanish. I tell them I know enough to know when they're bad mouthing me or
someone else. My Spanish is pretty good, but I don't let them know that too early, it's better to eavesdrop for awhile, I always think! Saludos,
Heather
rhintransit; my husband's biggest fear is that someone will come in and "squat" on his property, and he'll never get them off. Where the camper is,
he's got full title on that, and is paid up on the predial, etc. It's in his name so no FM3, fide... , corporation, is needed. We have a couple of
other small plots in Los Cangrejos in Cabo, and we are still waiting to get the deeds on the property. They are held up somewhere, so...like I
said...he's worried that someone will just come in and claim them. They were clean and fenced at one point, but the fences have since been broken,
and even though we clean them when we're there, they soon become trash-strewn again! Oh well, hope for the best! H.
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Udo
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HEATHER...
you are not related to evebabe, are you?
Udo
Youth is wasted on the young!
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Bob and Susan
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heather you're LUCKY the guy didn't claim "squatter rights"
you might NEVER get him off
you knew he was living there WITHOUT paying rent for over a year
IMHO...let him take the pump
let him go
you are better off
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