International conflict brewing at sandy beach

playaperro

El Pirata
OCEAN VIEW BUILDING PERIMETER FENCE
October 10, 2013

The started and who feel affected the demolished

By: Alberto Aldrete Valdez
PTO. PEÑASCO ARE.


A conflict that could develop into international is brewing in Costa Diamante housing development, because the community of 113 residents, mostly composed of Americans, began to build a wall to separate from another housing development, the Ocean View in the living 34 families, mostly Mexicans, only the fence about two meters from the front of the houses, blocking the entrances to the garage, as well as restrict access through the front door.
This incident began Saturday morning 5 of this month, when the board of the neighborhood association began building a perimeter fence, and one of the affected tore down the fence, to which the alleged victims filed a criminal complaint for damages, a situation that led to an argument between neighbors both developments, who finally agreed to talk to their lawyers and the board of the neighborhood association, in later days, for now one of the affected residents called for a truce to halt the construction of the fence, warning that if they continued to topple the party she built outside his home.
spokeswoman Diamond Coast residents, call Carmen Krause, warned that this conflict goes back several months ago, which homeowners are mostly Americans, arguing that feel affected by theft, invasion of private property and damage to their property, so they chose to build a fence to protect, only the attempt to lift the fence at the edge of the street, blocking all fronts of the houses in Ocean View, uncomfortable situation and to alter the peace of the residential area located in the Sandy Beach area, next to the White House development. Ms. Krause stated that this incident will the complaint to the U.S. consulate, as those of say affected are U.S. citizens them as private community maintainers to the streets and public spaces, pay their services and are legally constituted as an association, not being the case of those living in Ocean View. For his part, Director of Public Works and Urban Development Municipal, Ing . Heberto Reyna Orozco, said it was the state that approved the condominium regime Diamond Coast and Ocean View, lack still make a formal demarcation of these areas and clarify the right of way provided by law, what if any to follow is that the assumptions affected Costa Diamante sue the City for the denial of his request for the application to build the fence, and that in fact there is a request to that effect, but has not been granted permission to build the fence, once sued the City would proceed to integrate a file to see who attends the reason, while this is litigation between them.


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Maybe they should move back to the states! Really? A fence 2 meters from the front of houses, blocking garages and even front doors? Really?
 

Roberto

Guest
Guess is that the wall was to limit access to private property, including the development's access roads. If homes were built assuming they could use someone else's private property that's a proplem created by the developer and passed on to the buyers by default. Ugly situation.
 

jerry

Guest
I do not get it...seems a thief would be over that thing and blocked from view in a flash...a good burglar looks for hiding places...go cameras on the streets
 

Roberto

Guest
Don't know if it is true here, but in some states at least of the US, if you allow people to use your private road for a certain time it becomes a public road and you have no control over use. I have not heard the details of this dispute but I bet it was created by the developer/builder who did not provide access in their development and assumed the neighboring private roads would provide access. Too bad someone did not snap earlier.
 

joester

2 salty dawgs
Roberto,
You may be trying to describe a prescriptive easement. It's is an easement created from an open, adverse, and continuous use over a statutory period. If you have ever heard of adverse posession, it is essentially the same thing except that it creates an easement as opposed to someone acquiring the title to land.

In some states the law also requires that the continuous use be "exclusive", meaning that only the person claiming the easement by prescription has been using it during the statutory period, not just everyone who comes along. So in this case, it appears that more than one person would be using the access, so this type of easement may not be correct.

Also, a prescriptive easement may be defeated if the landowner occasionally blocks the access to everyone. That way, anyone who incorrectly believes he or she has a right to go across the land will discover it is not true.

There other types of easments that can be created by use, such as an easement appurtenant - this type of easement benefits adjoining property regardless of ownership. To create an easement appurtenant, there must be a dominant estate and a servient estate. The property that benefits from the easement is known as the dominant estate. The property that is burdened by the easement is known as the servient estate. This may be used for landlocked properties.

This is typical in the USA, not sure if and how it may apply in Mexico.
35 years of land surveying and I have some useful information to share, cool beans :)
 
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