philodog
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Prescriptive Easement in Baja?
Is there such a thing as prescriptive easement in Mexico. Specifically can a gringo who bought some property fence off a road that has been used for
ages by mexicans and gringos alike?
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David K
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Search for posts about Baja Dark Skies Inn, by 'AstroBaja' on Nomad.
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woody with a view
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would ANY country allow this?
think GRINGO in MEXICO and you'll have you're answer.
edit: what a way to ingratiate (word of the day!) yourself to your new neighbors!
[Edited on 1-8-2016 by woody with a view]
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Whale-ista
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I saw this in Cabo Pulmo last summer
Quote: Originally posted by philodog  | | Is there such a thing as prescriptive easement in Mexico. Specifically can a gringo who bought some property fence off a road that has been used for
ages by mexicans and gringos alike? |
Depends on "time, place, circumstance."
Case in point: A married couple from Colorado (both attorneys- go figure) bought an ocean front house in Cabo Pulmo, then installed a concrete wall
across a walkway alongside the property, that people(Americans and locals alike) have used for decades to get to the beach. They were claiming it was
noisy and too close to their bedroom!
Worse: they are only there in the winter, so in the summer the entire house is vacant, and the walkway is still closed off requiring a long walk to
the beach.
It is likely illegal under Mexican law, since there are regulations requiring access to the beach at certain distances. It has also disrupted a
business near the walkway since people now have to walk very far to get to them.
Apparently, there is some disagreement between the attorneys and the business (noise from a generator, loud customers, etc.)
In any case: the locals had been trying to get one of the federal agencies to investigate. I was there over 1 year ago, so not sure what has happened,
but it was such a rude, arrogant thing to do... truly an "ugly American' way of disrupting the neighborhood.
So- can it be done? Sure. Can it be challenged? Sure, but it's a pretty low priority issue for many agencies. And I suspect if enough money changes
hands, the wall/fence will remain.
\"Probably the airplanes will bring week-enders from Los Angeles before long, and the beautiful poor bedraggled old town will bloom with a
Floridian ugliness.\" (John Steinbeck, 1940, discussing the future of La Paz, BCS, Mexico)
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CortezBlue
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I'm not a mexican realtor, but I did stay in a Holiday Express last night!!
I am under the impression that it is similar to the us that if you use, or otherwise encroach on a land purpose fully or if it required for you to
enter or exit your property you can take possession and deed the land as part of your property.
Now here comes the BUTT
If you are not in Mexico legally, with some form of residency and because you are probably a gringo and if you tried to pull this off, you would most
likely be disemboweled and have what is left of you sent to some unknown location to be eaten by hawks and coyotes.
But then again, that's just my opinion.
“Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.”
- Albert Einstein
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www.cortezblue.com
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philodog
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Yes, I`m sure gringos have no legal standing in a case like this but knowing the Mexican law can give some ammunition in a discussion with the owner.
It seems to me in rural Baja that he who fences the property owns it. How could you ever know who really owns the property  And I think the correct term I am looking for is adverse possession.
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bajatrailrider
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Legal or not.What I see is Gringos peeing people off.Its better to try to blend in here not make waves.When gringos/Mexicans in this area.Block off
existing route of travel.I see there,blockades removed.Also saw Mexican stand off,about blocked route.Took two hours for police to get there.(15 min
from Station)Told people with blocked route.We wont be here tomorrow,to keep the peace.Dont lock gate,put please close sign.Another thing I
witnessed,Out in the boonies.We came to locked gate,busted open By Mexican Military.They drove there Humvee right over it.Mexican Ranch owner, on
scene.Army guys told him,You know we patrol once a year.You cant lock gate,of Existing road way.So legal or not,this is Mexico.
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mtgoat666
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| Quote: Originally posted by philodog | | Is there such a thing as prescriptive easement in Mexico. Specifically can a gringo who bought some property fence off a road that has been used for
ages by mexicans and gringos alike? |
Didn't you know about the road before you bought the property?
You should have clarified title before you bought, eh.
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TMW
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| Quote: Originally posted by Whale-ista | | Quote: Originally posted by philodog | | Is there such a thing as prescriptive easement in Mexico. Specifically can a gringo who bought some property fence off a road that has been used for
ages by mexicans and gringos alike? |
And I suspect if enough money changes hands, the wall/fence will remain. |
That is the key to the Mexican legal system.
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