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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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How do you deal with a problem neighbor?
We have a neighbor (also American) who’s had a house that sits between us and the bay of Todos Santos. He is now building a 2-storey “casita” directly
in our line of view of the bay. We all live on leased land, and the lease specifies that one cannot construct a building that will obstruct the view
of an existing” house. We’ve spoken with the neighbor and the landlord; one is intransigent, the other can’t seem to motivate himself to enforce the
lease.
If any Nomads have had similar experiences, I’d really like to know how you did or would handle a situation like this. We don’t want to cause trouble,
but one the main reasons we bought this house was the view. Any advice would be appreciated.
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bajabass
Super Nomad
Posts: 2016
Registered: 10-4-2006
Location: La Paz,BCS
Member Is Offline
Mood: Want to fish!!!
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TNT!
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mcfez
Elite Nomad
Posts: 8678
Registered: 12-2-2009
Location: aka BN yankeeirishman
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Specs
"lease specifies that one cannot construct a building that will obstruct the view of ..." Does that go for a single store dwelling as well if it
blocked your view? I suspect that in the terms there is a actual height restriction.
In the leased land agreement at Campos Ocotillo...it is clear that no more than 14 feet total height.
.....But it dont matter.....a single home went in kitty cornered from us and did partial block of the sea. We bought the other remaining lots!
As far as the 14 ft limit....not really being enforced either. We just go with the flow...because we are indeed in a development and expected issues.
Lights...wait till everyone puts in those stinking lights for "security". So much for the stars at night. Oh...in the lease agreement too...no night
lights!
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gnukid
Ultra Nomad
Posts: 4411
Registered: 7-2-2006
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I've never heard of enforcement of convenant restrictions to building on property in Mexico. I have heard of lots of fights that were never resolved.
I have seen a successful technique used where a river was detoured to dig away at a huge ugly 3 story house that was built to block everyone's view on
the waterfront. The house fell over and was never rebuilt.
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Russ
Elite Nomad
Posts: 6742
Registered: 7-4-2004
Location: Punta Chivato
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I truly feel for you! I really don't think there is anything you can do. If the landlord won't stop it and I'm not sure he could either then your
stuck with a crappy neighbor and a back lot. It's happened here too. It'll eat at you until you move. It's like the a$$ whole doesn't care about any
one but him/her self and those kind of people don't belong in my Baja
You maybe able to write a letter explaining how the community feels about it and get as many signatures as possible.Maybe he'll show a conscience and
change the plans. Good luck.
Bahia Concepcion where life starts...given a chance!
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Bob and Susan
Elite Nomad
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
Member Is Offline
Mood: Full Time Residents
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for us "simpletons"...
intransigent= a person who refuses to agree or compromise,
as in politics.
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ElFaro
Nomad
Posts: 231
Registered: 9-16-2007
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Yea...you never know sometimes mysterious fires break out in homes like that while the gringos are away in the states only to return to ashes.
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Bob and Susan
Elite Nomad
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
Member Is Offline
Mood: Full Time Residents
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for us "simpletons...
"urban dictionary" says lexicon = the smartass' book of big words
i guess "no" is not a BIG word
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BajaBlanca
Select Nomad
Posts: 13237
Registered: 10-28-2008
Location: La Bocana, BCS
Member Is Offline
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yes, the lights are a horror and we had some put in by ourneighbor and the stars are defintely not as bright anymore ... he is our good friend and
wanted them. sad moment as we LOVED seeing the hundreds of thousands of stars ..
about the height of house issue - thank goodness we were able to buy the lot in back and 4 of the lots in front. I love having no cars go by, I love
not having to listen to loud music all day and I love the fact that our view will never be obstructed. Unfortunately, I think that may be the only
solution
wait...wait...wait... you can buy right on the coast, or on the rock like Shari and Juan did in Asuncion  THAT IS A WONDERFUL LOCATION !!!!
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Russ
Elite Nomad
Posts: 6742
Registered: 7-4-2004
Location: Punta Chivato
Member Is Offline
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| Quote: | Originally posted by ElFaro
Yea...you never know sometimes mysterious fires break out in homes like that while the gringos are away in the states only to return to ashes.
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What a horrible thought!
Bahia Concepcion where life starts...given a chance!
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The Sculpin
Nomad
Posts: 401
Registered: 9-3-2002
Location: Back in the Saddle
Member Is Offline
Mood: Riding into the Sunset, looking for a sunrise.
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Here are my suggestions:
If you have the same landlord, quit paying your rent until it is resolved.
Begin an affinity for very loud scream or death metal music.
Start collecting wind spiders, and periodically free them all at the same time.
Start a steer manure farm.
Tell your friends in low places that you swear there are hay bales in his garage.
Tap into his pilar and start growing stawberries, melons and avocados.
Put fish heads in his hubcaps and see how long it takes him to figure it out.
Tell your other friends in low places that the c-ckfights are at his house on friday nights.
Collect revolutionary and civil war cannons and place them strategically around your property. Play the 1812 overture repeatedly.
Whoa there, Cowboy - pull back on those reins!
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wessongroup
Platinum Nomad
Posts: 21152
Registered: 8-9-2009
Location: Mission Viejo
Member Is Offline
Mood: Suicide Hot line ... please hold
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| Quote: | Originally posted by ElFaro
Yea...you never know sometimes mysterious fires break out in homes like that while the gringos are away in the states only to return to ashes.
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you said it, I thought 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 bajamigo
We have a neighbor (also American) who’s had a house that sits between us and the bay of Todos Santos. He is now building a 2-storey “casita” directly
in our line of view of the bay. We all live on leased land, and the lease specifies that one cannot construct a building that will obstruct the view
of an existing” house. We’ve spoken with the neighbor and the landlord; one is intransigent, the other can’t seem to motivate himself to enforce the
lease.
If any Nomads have had similar experiences, I’d really like to know how you did or would handle a situation like this. We don’t want to cause trouble,
but one the main reasons we bought this house was the view. Any advice would be appreciated. |
While it was different circumstances, in the Mexican courts, my sister sued another gringo over a property dispute and she won. But it did take a few
years. Have you asked an attorney about it? Can that clause in the lease be enforced? If you would like the name of the attorney in Ensenada that
she used, U2U me and I will get the name for you.
Good Luck
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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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Apparently, there is something in Mexican law called "jurisdiccion voluntaria," in which a judge reviews the facts of the case and renders his
judgment. I'm not sure if it is binding (not that it would matter), but it at least resolves the issues without going through a full-fledged lawsuit.
I'm hoping my landlord gets off the dime because this could wind up being more trouble for him than for the disputing parties.
But keep those suggestions coming!
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Bajahowodd
Elite Nomad
Posts: 9274
Registered: 12-15-2008
Location: Disneyland Adjacent and anywhere in Baja
Member Is Offline
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As people have noted, although bajamigo did not specify whether the landlord is common to both parcels, it would seem to me that pressure on the
landlord, if it is the same, is the only real recourse. Any possibility that your offending neighbor may have bribed the landlord? Money talks. As for
the sophomoric vandalism stuff, karma happens. Don't do it.
edited because while I was writing my post, bajamigo clarified.
[Edited on 8-24-2010 by Bajahowodd]
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Skipjack Joe
Elite Nomad
Posts: 8088
Registered: 7-12-2004
Location: Bahia Asuncion
Member Is Offline
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The Half Moon Bay 'Beach House' below was burned down for that very same reason.
The owner merely collected the insurance and had it rebuilt.
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Bajahowodd
Elite Nomad
Posts: 9274
Registered: 12-15-2008
Location: Disneyland Adjacent and anywhere in Baja
Member Is Offline
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Fortunately or unfortunately, commercial insurance sometimes renders a loss better than before.
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Skipjack Joe
Elite Nomad
Posts: 8088
Registered: 7-12-2004
Location: Bahia Asuncion
Member Is Offline
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I can't remember. It was during the building phase.
Residents were Ok with the idea initially but were upset when it turned out to be a 3-story building on the water. It was reported as arsony in the
paper.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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HOLY SHT...I didn't see this thread. I guess I had too much Sharky's in my eyes.
Chrissakes, Vince. Where is Pedro on this? He can't be this much of a hoar...or, can he?
Whatever your agreement may be, It's probably unenforceable...meaningless. I'm sure you know this.
Who is this a-hole who cares nothing for you?
If the issue is unresolvable, I invite you to join me in developing a website to sell or trade our property and get the *** out of here and there.
This is our time to live stress free and this *** won't help.
When it's all over, I'll introduce you to a man who will give you closure to this abomination.
[Edited on 8-25-2010 by BajaNomad]
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Udo
Elite Nomad
Posts: 6364
Registered: 4-26-2008
Location: Black Hills, SD/Ensenada/San Felipe
Member Is Offline
Mood: TEQUILA!
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I don't think this will be over anytime soon. However, IMHO, the landlord needs to get involved. The property view is part of the
property value and if the view disappears so should a good portion of the rent.
I can't believe there are such anal cavities that care only about themselves. Those neighbors already have a great view without stealing someone
else's and trying to obtain more than their fair share.
| Quote: | Originally posted by DENNIS
When it's all over,
I'll introduce you to a man who will give you closure to this abomination. |
Udo
Youth is wasted on the young!
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