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ramuma53
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Baja Real Estate advise
For those that have questions about Real Estate aquisition in Baja.
The real thing, not for the people who think that, just having confidence on a public notary si enough.
Baja is considered all ver Mexico as a very difficult place to buy for foreigners and nationals alike.
The lack of confidence has scared most of the would be buyers in Baja California on the Ensenada Tijuana strip and the local authorities, have taken
advantage of this problem instead of correcting it, if you have questions about the real state of afairs on Real Estate, make your questions here.
I am the "La Verdadera Historia de Rosarito" and "Cronica de un fraude a la Nacion" author, publications on the ABC Estate newspaper and several
national publications, concerning the Real Estate problem in Baja, 30 years experience on the subject.
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Woooosh
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If you have a legal solution to the real estate problem described in these two YouTube videos, I would certainly like to hear it. Someone must have
the answer, maybe it is you. Most nomads have already seen them. Woooosh
http://www.youtube.com/watch?v=wK0j9NZ4Ge8
http://www.youtube.com/watch?v=arCsLjdX83U
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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ramuma53
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Yes of course I know about that problem and I advised the authorities about that particular problem several years ago and you know by their inaction
that the problem building just finished construction.
The guy who is talking in the video, is fundamentally wrong about one thing, the building is not inside the Federal Zone, because it is out of the
Federal zone legal line (The sea took ground after the legal line was established in 1976 because of the CFE breakwater); I know that the building
looks, like just on top of the beach, but the Federal zone legal line is west of the building and that is why Federal Zone can not intervene, also
about the access for the impaired, the Federal Zone law say, that there must be at least one beach access, every 800 meters and clearly there are
beach accesses inside the 800 mts.
The Federal Zone office can and must correct the legal line defining the Federal Zone in that area, according to the law, as ground gained by the sea,
but that procedure has never been done, it must be done, but in the mean while the building is not inside the Federal Zone and not wrong about that
issue.
The real reason that building is wrong, is because it is in National Land being subjected at this time, to a sale procedure by the SRA, file 507710 by
the National Land office, being legally sold to another person, not related to the guy who built the tower and that is true also for the other beach
front towers south of there.
I can tell you what is going to happen there in the future: when the sale procedure, for Rancho Costa Azul finishes, the Federal police will bring
anyone they find in the building, to Mexico city to be prosecuted for illegal use of National Land, that already happened 2 years ago to the guy who
said he was the owner of the disco Animale in Rosarito downtown.
This is only one of hundreds of problems in the Rosarito area that will erupt in the near future, like the one in Playa Encantada, the one near the
Corona Hotel and a lot others.
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ramuma53
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Also, bout what you can legally do, about that problem?
As any Mexican can do, ask the Federal Zone to re define the boundary line, defining the Federal Zone in that area; they may not want to accept your
petition, but if they do not accept it, just mail it to them officially with copy to every authority in the chain of command up to the President.
It may take years and a lot of effort, but you can do it, also do what you are doing, raise the issue publicly as often as you can, to hurry up the
process.
What will you accomplish with that? That the line, be redefined and the building included in the Federal zone, they will have to pay for the Federal
zone from that point at a very expensive price and that may make the building not rentable.
Also when they start having legal problems with the real owner, together with criminal charges by the Federal authorities, they may just settle for
leaving the place as too expensive and then the building will be demolished.
I agree, it is not right to be there, but legally it is right at this time, but if you do not do the right thing and confront the authorities, they
will just go on, because we know the Federal Zone authorities in Rosarito are very crooked.
[Edited on 1-10-2011 by ramuma53]
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BajaGringo
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| Quote: | Originally posted by ramuma53
The real reason that building is wrong, is because it is in National Land being subjected at this time, to a sale procedure by the SRA, file 507710 by
the National Land office, being legally sold to another person, not related to the guy who built the tower and that is true also for the other beach
front towers south of there. |
A very similar story will be unfolding soon down here around large parcels of bayfront / oceanfront property in San Quintin.
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Woooosh
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Thank you. Once the water waves come over the street , the PROFEPA inspector came at our request. He had us sign and date a photo of the water
coming over the seawall and they moved the FMZ line. The new FMZ line is shown to be the street and just east of condo buildings in our 2010
concession map- so hopefully that is the correction you were looking for.
As you say, either way the buildings are still illegal. We hold the federal concession title and pay every year for it (11 pesos per square meter)-
we just don't have control of it's use- as our concession title requires us to. The SEMARNAT Jefe required us to file charges against the squatter
Ortiz with the PGR. I do hope they start prosecuting others as you say. Great insight. If you know of people who can move the prosecution process
forward on this, U2U me. PROFEPA, SEMARNAT, JPGE and the PGR all have active files on this specific concession area: DZGF 832/08 and DZGF 477/10.
Much thanks! Hope to here from you! Woooosh
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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Woooosh
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I was not aware the cause of Rosarito Beach's erosion problem was being directly blamed on the CFE plant breakwater. Makes sense. As the SEMARNAT
Jefe told me: "There is nothing you can do to the ocean that does not effect your neighbor"
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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DENNIS
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| Quote: | Originally posted by Woooosh
As the SEMARNAT Jefe told me: "There is nothing you can do to the ocean that does not effect your neighbor" |
Could be true. When they built the Dana Point Harbor and breakwater, the beach up in Newport washed away. It took the Army Corp of Engineers to
replace it.
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wessongroup
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by Woooosh
As the SEMARNAT Jefe told me: "There is nothing you can do to the ocean that does not effect your neighbor" |
Could be true. When they built the Dana Point Harbor and breakwater, the beach up in Newport washed away. It took the Army Corp of Engineers to
replace it. |
I certainly remember that one... along with the dredging which is required also....
It is all tied together... as the individual from SEMARNAT stated...... some seem to forget....
Super information ... thanks, it all helps....
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ramuma53
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Bajagringo
San Quintin is another time bomb for real Estate problems, there most properties are based on Colonial titles that give absolutely no property right
since 1994 that they were voided.
There most of the properties come from one of those.
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mtgoat666
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| Quote: | Originally posted by ramuma53
For those that have questions about Real Estate aquisition in Baja.
The real thing, not for the people who think that, just having confidence on a public notary si enough.
Baja is considered all ver Mexico as a very difficult place to buy for foreigners and nationals alike.
The lack of confidence has scared most of the would be buyers in Baja California on the Ensenada Tijuana strip and the local authorities, have taken
advantage of this problem instead of correcting it, if you have questions about the real state of afairs on Real Estate, make your questions here.
I am the "La Verdadera Historia de Rosarito" and "Cronica de un fraude a la Nacion" author, publications on the ABC Estate newspaper and several
national publications, concerning the Real Estate problem in Baja, 30 years experience on the subject. |
advice from the turtle stew rabble rouser? 
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wessongroup
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Must say, this individual has given more "facts" on buying real estate in Baja than most... which does seems to be proving correct .. saved one buyer
from making a big mistake.. has to be proving useful and factual information on the entire process ...
If I were in the market, to buy "property" in Baja or on the main land ... his "knowledge" would be helpful... in the due diligence process IMHO
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Woooosh
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| Quote: | Originally posted by wessongroup
Must say, this individual has given more "facts" on buying real estate in Baja than most... which does seems to be proving correct .. saved one buyer
from making a big mistake.. has to be proving useful and factual information on the entire process ...
If I were in the market, to buy "property" in Baja or on the main land ... his "knowledge" would be helpful... in the due diligence process IMHO
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refreshing for a change, isn't it. I think I've almost beat my horse dead on this one though Wiley... lol
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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ramuma53
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Woooosh
Hope they followed the right procedure, because they have to notify the squater so they can deffend theirselves against the line movement, it is not
easy, just hope they followed the law, because after that an amparo is going to be filled and they have to lose that.
But good to know that the procedure to correct things is well advanced.
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Lobsterman
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Thanks again for the sage real estate advice ramuma53.
I'm perplexed why people TODAY would buy any real estate in baja knowing that (1) you could lose the land (or dwelling) at any moment because you did
not grease the correct palms, or because of the ever-changing real estate laws ramuma53 alluded to above or (2) you have to get out of baja fast
because of the growing security problems there. Either case, losing everything to only getting dimes on the $.
Therefore, why not just rent in baja from the ones who wish they could sell you their property.
I plan on coming to baja with a pocket full of $ (retiring in 17 days) and renting a place(s) at a fraction of the cost of owning that property. Then
move to another place/location when you get bored there, the fish have moved on, feel threatened or outlived your welcome. In either case only losing
basically nothing as a worst case scenario.
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BajaGringo
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| Quote: | Originally posted by ramuma53
Bajagringo
San Quintin is another time bomb for real Estate problems, there most properties are based on Colonial titles that give absolutely no property right
since 1994 that they were voided.
There most of the properties come from one of those. |
Two words: Reforma Agraria
| Quote: | Originally posted by Lobsterman
Thanks again for the sage real estate advice ramuma53.
I'm perplexed why people TODAY would buy any real estate in baja knowing that (1) you could lose the land (or dwelling) at any moment because you did
not grease the correct palms, or because of the ever-changing real estate laws ramuma53 alluded to above or (2) you have to get out of baja fast
because of the growing security problems there. Either case, losing everything to only getting dimes on the $.
Therefore, why not just rent in baja from the ones who wish they could sell you their property.
I plan on coming to baja with a pocket full of $ (retiring in 17 days) and renting a place(s) at a fraction of the cost of owning that property. Then
move to another place/location when you get bored there, the fish have moved on, feel threatened or outlived your welcome. In either case only losing
basically nothing as a worst case scenario. |
I agree. I tell everybody who wants to buy to rent first. That way they will know if Baja is a good fit and to also check out the real story on the
land they are considering. You won't get that from a RE agent, not even one waving a title insurance guarantee.
If you are going to buy you really need to check out the land with a good, local attorney with a lot of experience in RE law who knows the area, the
history and any ongoing litigation regarding the property.
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ramuma53
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Woooosh
As you say, either way the buildings are still illegal. We hold the federal concession title and pay every year for it (11 pesos per square meter)- we
just don't have control of it's use- as our concession title requires us to. The SEMARNAT Jefe required us to file charges against the squatter Ortiz
with the PGR. I do hope they start prosecuting others as you say. Great insight. If you know of people who can move the prosecution process forward on
this, U2U me. PROFEPA, SEMARNAT, JPGE and the PGR all have active files on this specific concession area: DZGF 832/08 and DZGF 477/10. Much thanks!
Hope to here from you! Woooosh
Your charges against the squater are one of the best ways to get back the use of theFederal Zone, but you must press it every step of the way, but if
you hold the concession you have the legal use of that area, then, the act of taking it away from you, is a criminal act with federal jurisdiction.
You are doing the right legal thing, but you must know the Mexican Justice system, it is difficult to move, but once you make it move, it will do the
job very effciently and to make it move you have to step on their toes.
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BAJAWOMAN
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If you are really worried about a parcel of land you are purchasing there is a sure fire way to check it out without an attorney have your realtor
take you to registro and check the property details and history back as far as it goes Meets and Bounds are really the only issues that could be an
issue in a residential property with a good title large parcels also meets and bounds and good title but how to take and hold ownership again a good
attorney is a Notary most of the Notaries are very knowledgeable and will take time to speak with you maybe not in your language but take a licensed
translator with you the more you do yourself in this country and not rely on others is better for all especially you in the long run and you will feel
the rewards and understand better what you are getting into a good Realtor is a gem
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DENNIS
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Welcome to BajaNomad, BAJAWOMAN..........
Lots of good advice. Thanks for that.
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wessongroup
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| Quote: | Originally posted by Woooosh
| Quote: | Originally posted by wessongroup
Must say, this individual has given more "facts" on buying real estate in Baja than most... which does seems to be proving correct .. saved one buyer
from making a big mistake.. has to be proving useful and factual information on the entire process ...
If I were in the market, to buy "property" in Baja or on the main land ... his "knowledge" would be helpful... in the due diligence process IMHO
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refreshing for a change, isn't it. I think I've almost beat my horse dead on this one though Wiley... lol |
Woooosh ... Think you have gotten all your ducks in a row ... and at this point ... time is on your side... along with the Pacific Ocean !!! ... enjoy
your view, it will only improve... as I find it rather hard to believe a structure, which is actively being impacted by direct tidal influence will
can pass the test ..... IMHO
Think you got the biggest friend one can have... "Mother Nature"
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