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White collar (hint) 'Squatter' on SJC lot


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A Mexican family built a nice but not huge new house in a nice new neighborhood in the hills of SJC, which borders my similar lot.  The husband of this seemingly nice youngish family of 5 or 6 is occasionally mentioned favorably in his professional capacity on this web board, and that's nice, too.  Working from recent photographs sourced from Google and images from real estate ads for other local properties (as I monitor the development of the viewshed), it appears somebody has built smallish palapa structures on my neighbors' roof and on my property, adjacent to the neighbors' homes' wall, the later seemingly reaching two stories tall. 

This neighbor had used my adjacent property as a staging area for the construction of his house about two years ago without permission, (and possibly without any clean-up), and several months ago shot off a few odd emails to me here in California asking about selling the property and after that was precluded, asked when I might build. (Strangely, given his line of work, his English is a as bad as my Spanish, and clear and candid discussion is called for, as follows.) There hasn't been any communication since.

So here I'm appealing for any brief, culturally sensitive advice as to how to proceed anyone would care to offer - I wish this family well, but on the basis of liability alone, something has to be done.

TIA

 

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You and I and others are guests here. The "hosts" sets the rules.

Spencer can grease wheels, but grease is expensive, and no guarantee it will last.

As said above, absentee ownership in Mexico is inviting disaster.

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3 minutes ago, mudgirl said:

Absentee property ownership isn't a great idea in Mexico. They have some squatter's rights laws. But I wish you luck.

Right - cursory research indicates it may be an issue after 4-5 years.  Years ago in Costa Rica everybody felt the legal need to install a caretaker, at least on built properties.  

What I think I'll do is have this guy eliminate the physical danger of two stories and at his expense give him the chance to have drafted and sign appropriate waivers (which he won't want to do).  If he is unreasonable, as I warned him on principle years before he built his place, I will design what I called a San Miguel Allende cube to the property line in all directions, occluding one of his views.  I also have a couple of those handy-dandy battery powered chainsaws which would probably have to go into expensive stowed luggage on Volaris...   Thanks.

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45 minutes ago, Eric Blair said:

You and I and others are guests here. The "hosts" sets the rules.

Spencer can grease wheels, but grease is expensive, and no guarantee it will last.

As said above, absentee ownership in Mexico is inviting disaster.

We/ I are not "guest" here but have arrived in a legal manner and have documents to prove it. Please use the status you or friends have

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build a wall around that property, case close. He is not using the land to cultivate or build a house so build that wall and do not let him in or mak a profit and sell him the land. Tell him you are building a house because you are going to build a house for your mother and then you just run out of money. Stay in decent term with him.

You can win in court even if you are not Mexican but why start trouble and spend money on lawyers. Just assert your rights and build that wall to build a house.. end of subject.

In France  you have to occupy a property against the owner s will to have the right on the land.. here not sure what it is . CHeck the law but you have the right to use that land or just put it up for sale.

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3 minutes ago, bmh said:

In France  you have to occupy a property against the owner s will to have the right on the land.. here not sure what it is .

Don't know about the Code Napoleon, but in both the US and Mexico they seem to apply the principle of 'adverse possession', which comes in a few different flavors.  Call it 'Ejidos Revenge' when the squatters evicted are gringos in Baja...

There is an entry for 'squatting in Mexico'; historically it seems significant and worth clearing up.  See: https://en.wikipedia.org/wiki/Squatting_in_Mexico

 
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Well if the land is ejido , forget it but not all the land is ejido, when it comes to private land its a diffnt thing. Mexico has a lot of land laws similar to Mexico as they both go back to Napoleonic laws. We also like in Mexico giv more rights to people who cultivate the land.. so  it is worth going to a lawyer to know the laws but if these epoepl are just using the land without pmission , I would ick them out to start with and claim I am going to build an extention or a house for the family or whatever. You can always " run out of money" once the property is cleared. 

 

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First you need to find out what is really happening.

There are squatter rights in Mexico. It is 5 years in good faith and 10 years bad faith if I remember correctly. Make sure have all receipts . Close  property with fence, and a lock if possible. Pictures with date. Clean every year.

If there is someone on your property you should immediately get a lawyer and take action. Unless they can prove possession 5 years good faith or 10 years bad, you should not have a major problem.

Still a pain though....

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I have a large swath of "Public Land" in front of my property lakeside in lower SAT. For years there was a guy growing corn there that was no problem. He then died and suddenly a few years ago a guy came in with a bunch of cows, built a shed and has his vacas corralled there (sometimes takes them to other properties lakeside to graze them). During the rainy season with the addition of the cow s--t, p--s, mud and standing water it produces swarms of fly's, mosquitos and those little black critters that build webs all over. Also he has a poor dog chained up full time in the shed who is barking and whining day and night. I am sure that my neighbors (mostly Mexican) are also troubled but what can we do? He is there (for about 3 years now), very intimating and basically giving us the finger. ¡Viva México!

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2 hours ago, gringohombre said:

I have a large swath of "Public Land" in front of my property lakeside in lower SAT. For years there was a guy growing corn there that was no problem. He then died and suddenly a few years ago a guy came in with a bunch of cows, built a shed and has his vacas corralled there (sometimes takes them to other properties lakeside to graze them). During the rainy season with the addition of the cow s--t, p--s, mud and standing water it produces swarms of fly's, mosquitos and those little black critters that build webs all over. Also he has a poor dog chained up full time in the shed who is barking and whining day and night. I am sure that my neighbors (mostly Mexican) are also troubled but what can we do? He is there (for about 3 years now), very intimating and basically giving us the finger. ¡Viva México!

I am not sure that you still have that "swath" I presume you did have some agreement to use that Federal patch, but by default of letting those other people use it you could have lost your rights. If your seriously worried about it ( you seem rather causal about the who issue) go talk to an attorney(but do not hold your breath for good things to happen)

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1 hour ago, lakeside7 said:

I am not sure that you still have that "swath" I presume you did have some agreement to use that Federal patch, but by default of letting those other people use it you could have lost your rights.

How on earth did you manage to come up with the presumption that gringohombre had some "rights" to the land or was using it or had some agreement to use it? He never said any such thing. He was just commenting on the fact that it is being used by others.

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7 hours ago, lakeside7 said:

I am not sure that you still have that "swath" I presume you did have some agreement to use that Federal patch, but by default of letting those other people use it you could have lost your rights. If your seriously worried about it ( you seem rather causal about the who issue) go talk to an attorney(but do not hold your breath for good things to happen)

Your "presumption" is absurd!!! Public land is owned by the government and where did I say I was using it or "letting those other people use it" . Please put your glasses on and reread my post. 

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4 hours ago, bmh said:

Public land can be leased, up to so.many meters from the high water.

 

He is not leasing...he is Squatting together with his cows and chained up dog!!! The high water mark has been the whole property a few times during my 14 years here with a wall protecting mine. "Leasing" can also be conflated with "Mordita"!!!

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12 minutes ago, gringohombre said:

He is not leasing...he is Squatting together with his cows and chained up dog!!! The high water mark has been the whole property a few times during my 14 years here with a wall protecting mine. 

This is how the squatters on the other side of the malecon started,  just had some cows there. They have now built a high wall and have a residence there. They are getting their electric from the neighbor and stealing the water, with a hose, from the SAT malecon. This is on Federal land and they were closed down once after they put up the wall, they just ignored the police tape and even put up a gate. 

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This is comon everywhere on the lake, the fishermen, the guys with the cows  squat the land and manyprperty ownwrs lease the land and kick them out and put up walls although they are not supposed to and invade tje land as well..

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On 1/15/2022 at 11:36 AM, luvsdawgs said:

This is how the squatters on the other side of the malecon started,  just had some cows there. They have now built a high wall and have a residence there. They are getting their electric from the neighbor and stealing the water, with a hose, from the SAT malecon. This is on Federal land and they were closed down once after they put up the wall, they just ignored the police tape and even put up a gate. 

The wall has been knocked down! And a wire fence removed in Riberas!

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