|
Users viewing this topic: none
|
|
Login  | |
|
beach access laws in Mexico - 2/10/2013 9:49:01 AM
|
|
|
monofrio
Posts: 189
Joined: 2/19/2007
Status: offline
|
I was talking to a land owner in akumal and we were discuss beach access. I see people at ABR come up and put there stuff near the coconut tree and loungers right next to me and guard comes up and acts all intimidating and the person just ignores and goes for a swim with all his stuff up by us. M y friend said that you can not be restricted to access to beach. in fact he went to bahia pricipal and walked right in the lobby through there property to the beach. there is no law to stop him he said. Now if I was to walk to the entrance of ABR, I would bet there would be some issue with me walking in down to the beach. what are the rights of the landowners. lets us ABR as an example. how far can you go up into there property if you are not staying there. 60 feet from high tide?? man that is almost to the pool!!
it would be interesting to know if I got my facts correct, if anyone knows. below are some info I found on the web:[/size][/size][/size]
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 [/color] 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.
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.
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
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”…
Aside from all-inclusive resorts, most hotels in Mexico really don't care if you walk into the front lobby and onto the grounds to check out the facilities. This is a great way to preview hotels for yor next trip to that particular destination, and to take a dip in the ocean for a refreshing swim. These same hotels are also more than happy to sell you a margarita at thier ocean view bar. Cool!
Most of the laws that we live with regarding beach access in the Unites States, Canada and Mexico (as well as other parts of the world with coastlines) were established well before beach access for tourism became a major factor. These laws have changed little over the years, and tourism and private property rights have been tested as access to the coast has become increasingly popular.
In the United States individuals and companies can own property on the coast down to a point above the ocean waters called the 'Mean High Tide Line'. This is a point on the sand (or rocks) where the high tide averages on an annualized basis. Land above that mean high tide level can be privately owned and restricted, and land below that high tide line is owned by the government and accessible to the public. Anyone who has walked the beaches below the million dollar homes in Malibu, California has seen the signs clarifying the location of the Mean High Tide Line on those great beaches.
Mexico, however, is a whole different enchilada. Many years ago the Mexican government established a law that stipulated that no coastal land could be privately owned within 20 meters inland of the Mean High Tide Line. For those of you who aren't keen on the metric system, that's about 60 feet. For those of you keen on beach access, that means you have a right to walk on any beach in Mexico without any restrictions. That's pretty cool if you like exploring beaches, not quite so cool if you own beachfront property and want a little privacy.
As with many laws in Mexico, this one also has a little twist. This 20 meters (60 feet) above the Mean High Tide Line (also known as the Federal Zone) can be leased by individuals or companies. Those who choose to lease this stretch of land (usually those who own the land behind the Mean High Tide Line) cannot obstruct public access to this property and cannot build permanent structures on this property.
Over the years this beach access issue in Mexico's Federal Zone has gone through a few tests, including the leasing of the Federal Zone by individuals. Ultimately the courts have upheld the fact that vehicles can be prevented from accessing the Federal Zone, but individuals cannot. Since beaches are theoretically off limits in Mexico for vehicles anyway, this is not much of a restriction for most people who want beach access.
What does all of this mean for the average Mexico visitor? Basically it's great news! This means that you can walk on, hang out on and take a nap on any beach in Mexico within this 20 meter zone. Even those beaches in front of the swankiest hotels and houses on the Mexican coastline. Pretty cool, huh?
So how does this fit in with some of the hotels in Mexico where the owners really don't want the public stomping around? It's an interesting situation to be sure. Of course if you are on the beach of an all-inclusive hotel you are indeed able to walk on the beach in front of that hotel with no restrictions. But you can be pretty sure that if you try to swagger on up past the Federal Zone line into the private zone that you will probably be asked to leave the property. And they have every right to do so.
Carlos Fiesta has tested this beach access concept in Cabo, Cancun and on the mainland Mexico many times. Each time he walked on the beaches in front of the regular and all-inclusive hotels he was watched but not stopped by resort personel. As long as he stayed in the Federal Zone.
This law explains the fact that on any beach in Mexico you may be approached by vendors trying to sell you hats, jewelry, or even a minuature superman with a parachute. Even though the resort would probably rather keep these vendors at bay, these local people have every right to access the Federal Zone, just like you do.
So pat yourself on the back for taking the time to read this section of Baja Expo. You are now more informed about beach access in Mexico than 95% of the peolple who visit.
_____________________________
We are what we think. All that we are rises with our thoughts. With our thoughts we make the world--Budda
|
|
|
|
|
RE: beach access laws in Mexico - 2/10/2013 10:35:25 AM
|
|
|
juan rojo
Posts: 696
Joined: 12/13/2010
Status: offline
|
Thanks for posting , Monofrio , that is some interesting information . We were denied access to the ABR , even with some snivelling , arriving by car because we weren't staying there , fair enough . I was just curious about the "front yard" there , anyway .
There is a public road access with a rare sign , right on the highway , for a Playa Publica that bisects the Gran Bahia Pricipe property and we have parked on this road and walked the Bahia beach a few times . The lobby would be privado .
I have been denied access to the ironshore , coming from Akumal beach by Las Casitas , which also seemed reasonable , but possibly illegal by these regulations .
_____________________________
Please be happy always
PARTLY CLOUDY = MOSTLY SUNNY
|
|
|
|
 New Messages |
 No New Messages |
 Hot Topic w/ New Messages |
 Hot Topic w/o New Messages |
 Locked w/ New Messages |
 Locked w/o New Messages |
|
Post New Thread
Reply to Message
Post New Poll
Submit Vote
Delete My Own Post
Delete My Own Thread
Rate Posts
|
|
|
Printable Version
