by Lic. J.
Beaulne LL.B
Recently,
an illegal invasion of private property was made by persons who took the law
into their own hands and because of this many coastal residents are worried.
To help everyone understand the obligations and rights
everyone has in Mexico while being the owner of a personal (Fidiecomiso
Translativo de Domino, FTD contract) or Real Right (Titulo or Esrcitura)
over property facing the coast, I decided to write the answers to the
following questions so as to make sure everyone who would read reports on
the incident would know the truth and not some story to sell newspapers…
1. - What are everyone’s rights regarding the area called
“Zona Federal Maritimo Terreste (Z.F.M.T.) (Federal Maritime Land Zone?
According to the Constitution of Mexico the area covering 20 meters (72.17
feet) from high tide is designated as property of the nation. This means
that every person has a right to access the area. This does not mean that
one can trash it, ride it, sleep on it or make a campfire on it, which
actions are considered felonies under the law.
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 5.
- How can one be ahead of the situation?
It is suggested that a “voluntary servitude of passage” be
established, as per article 1109 of the Federal Civil Code and its
collateral in the Civil Code of the State, in the documents providing the
Rights at purchase time.
6. - If this was not done at the time the rights over the
property were acquired, can it be done later?
Yes, one can do this after the purchase. But remember that
this will generate an additional cost.
6. - What is the procedure?
The Right of Way will be established by having a surveyor
establish the physical location where the Servitude of passage will be and,
make a plan which will then be instrumented by a “Notario Publico” (contract
Lawyer) and registered at the “Registro Publico de la Propiedad Y Comercio”
(Public Registry of Property and Commerce)
7. – What happens when one sells the property?
The Servitude follows the property, in other words, it keeps
on being active until someone asks that it be removed.
8. – Can one stop someone crossing a private property?
Yes, but better still call the police to do the job, but
remember if the person is stopped from getting to the
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2. - How can one gain access to the area (beach or rock coast)?
The answer is each owner of properties in front of the
Z.F.M.T, has to provide access.
3. - What does the word access mean?
Access means that a ‘path’ must be provided. Since we are
dealing with private property it also means that a legal right of way must
be established. In Spanish this is called a “Servidumbre de Paseo”
(Servitude of passage or Right of Way) as per Article 1057 to 1067, 1068 to
1070 and 1097 to 1108 of the Federal Civil Code and its collaterals in the
Civil Code for the State of Baja California Sur.
4. - Physically, what would be the “Right of Way”?
According to the law, the Federal organization call SAMARNAT,
which is the environmental watch dog” has the authority to establish said
dimensions as per the requirements, location and other parameters.
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coast he in return can file a complaint to SAMARNAP and PROFECO
saying you are negating him his right of access to the coast…
In conclusion, if you are occupying a part of the Mexican
Territory located in front the coast there is more to it than just sitting
there and enjoying the sound of the waves. You must prepare legally or
eventually suffer the consequences. As the song says: You can’t run away
from the long arm of the Law”…
Lic. J.E. Beaulne, LL.B.
Abogado / Avocat / Attorney at Law,
Cedula profesional # 0086,
Miembro del Colegio de Abogados de B.C.S.
Member of the Lawyer's College of B.C.S.
Plaza Cerralvo, Suite 6
Alvaro Obregon #1665
La Paz, B.C.S., Mexico C.P. 23000
24 Hour Emergency Tel: 044-612-8681027
Office: 612-128-6859
Puerto Vallarta - 044-322-227-6531
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