Property rights

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This topic contains 7 replies, has 3 voices, and was last updated by  admin 3 years, 11 months ago.

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  • #1442

    whynot
    Participant

    If someone builds on your property, or runs wires above it while you are gone. is there any law against ripping out their construction?  Is there a time limit on undoing their building?

    #1452

    admin
    Keymaster

    well first off  peole can not just build on your property,  they would have to get a permit for constuction from guaymas to do any building and normally have to prove the property is in their name before they can get the permit. I don’t suspect there is any limits on time if the property is yours. If you want to email me a few more details in a private message please feel free to do so.

    There are cases out there in which people move into others peoples homes and properties and then construct on them and try to claim them so this is a very common practice and I have heard that after 5 years things become more difficult to take back but again if you have original title then that is everything. But of course now you have to fight to get your stuff back depending on what has been built on your property.

    Part two of our documentary south of the border land of disorder talks about this very subject when Catalina Ordaz built a house on a lot that did not belong to her. That litigation has been going on for many years now. hopefully someone did not build a house on your property.

    If it is just wires and electic cables then that is not to bad. I might go speak with the electic company or the phone company or who ever put up the wires before I yanked them down accidently in the dead of night and no one of course actually saw them get yanked down accidently as well.

     

    #1579

    whynot
    Participant

    Contrary to the Caracol bylaws, the Architectural Committee will not report building without a permit. They have decided it is up to the individual neighbor to let Control Urbano know if someone is building without a permit.

    They will review a permit application if offered, but do nothing when someone builds past their property line and does not ask for a permit, as my neighbors at lot 598 Caracol Penninsula did. It is an easy thing to build with no permit when the neighbor affected is gone.

    When I reported the ongoing construction of a house addition and building their garage on the CEA sewer easement two feet past their lot line, I was told the Architectural Committee needed to raise the issue. The committee members informed me of the policy to ignore non permitted construction.

    Thus the Sprague’s continued permit free construction two feet past their lot line, a meter past Caracol side lot restrictions is ignored by Control Urbano and the Architectural Committee.
    Why would anyone get a permit (and pay worker’s social security taxes?) when their 5 year construction is ignored by everyone?

    By the way, the Caracol cleanup on tuesday should start in front of lot 598 where there has been a dump truck load of construction trash on the street in front of my house for 5 of the last 6 months. More trash on the street there than on the rest of the Caracol combined.

    The Neighbor

    #1604

    concerned
    Participant

    I have learned the ins and out of this subject. If I was to do my situation all over again I would do it this way.
    Tear out any construction or wires on your property. And keep doing it. Have the police make reports to back you up. Report every incident to the police and pay for a constancia (an official report signed by the chief of police for around 100 pesos)
    I wrote a report, had it translated into Spanish and made a copy which was placed in the police report book. Just taped in and in and out in about five minutes each time.
    According to the law, only the true owner of property can make any make any complaints. As far as Control Urbano, worthless, with a little ‘soda money’ they will give permits for anything.
    The possession laws only work for county land. Five years in bad faith and ten in good. Property in a bank trust can not be claimed by possession. Even if the bank trust fees are behind or taxes not paid. The name on the bank trust is stronger than all other claims.
    So if you demolish something on your property , by law only YOU can report YOU.

    #1641

    admin
    Keymaster

    So do you report that illegal construction past their property line to control urbano then? What about reporting that to the CEA? All these cases are such a bummer, I was hoping things would be better in guaymas with Otto as the mayor but it seems like Bizness as usual here. Just got to stay vigilant I guess.

    #1724

    concerned
    Participant

    Control Urbano may help but it will be lots of work on your end. Photos etc and time spent dealing with them. My situation Control Urbanao stopped the construction with yellow tape and closure notices all over the place. Within days after each closure the workers tore down the tape and started working. Then Control Urbanao got too busy to come back out. Do not waste time reporting. If construction is on your property. Call police, document and tear out. Again, damage to your property can only be reported by YOU.

    #1731

    whynot
    Participant

    You are correct. The building must be stopped before it is completed or it may be there until you knock it down.

    There is a new SC Control Urbano official at the Commisario’s office, so at least there is someone to groan at.
    But I am waiting to see if any enforcement ever happens.

    Some people will take any land they can build on- as we in San Carlos are well aware

    #1732

    admin
    Keymaster

    Next time any of you guys are driving down by Captains Club or Tequilas check out the building that used to be Surface Time Dive Shop. That building was sold out from under the owner by her ex husband. He signed the property over to their children and then before the paper work was registered sold the property to someone else. They are going like gang busters on it to finish it. Another said story of property fraud.

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