TalkBaja.com » Baja Real Estate Advice / Discussion » Before you even think about buying property

I got this from Raphael Munoz today. He'll be posting on the Real Estate Advice forum later this week. A TalkBaja member is currently involved in a purchase at the Baja Country Club (BCC), so I asked him what was going with that project and in the Ensenada/Rosarito corridor...


"I liked Club Marena from the start, they are my example for development, they sold before even building and have delivered in time and that is good up to the development stage.

Club Marena in Rosarito is over national land, they know it (They asked me, I told them the true legal state) and have done nothing to correct the fact and concealed that information from their customers, also they are narc financed, but on the surface they look legal, only a couple of Federal police raids there.

Ensenada is different from the Rosarito coastal strip, Ensenada is almost fully covered by Colonial titles or ejidos, both are bad titles to develop over; Remember Punta Banda fiasco, but that is the south end for the National Land titles, beyond you have colonial titles.

Colonial titles are subjected to the Colonial land law and conditions, it is not a private property title, it is more like your federal zone concession; you can sell one of those lots, following very special rules; but when you buy it, you have to go to the SRA and accept the same Colonial land conditions and all of those titles had as as conditions to permanently live there, exploit the land on the agricultural business and assist to all the Colony meetings; but those titles ceased to exist in 1994, the people who had that kind of titles, exchanged their titles for full private property National land titles and that mean, that today anyone who try to sell you land rights based on a Colonial title are selling you National Land and committing a fraud, doesn’t matter if the colonial title is on his name and is registered in the Public Registry office and the cadastral office.
You cannot buy a Colonial land right and just register it on the public registry office, you have to go to the Colonial land office that used to belong to the SRA but that today no longer exist and they would have issued you another brand new colonial title on your name, you cannot just buy it like private property with a public notary.

What should they do before buying???? Ask for the National land title base for the property and if they come out with a Colonial title, forget about it, doesn’t matter what excuse they give you.

Normally the Estate governor would deny permission for a development based on a Colonial title, but in Baja the Estate government is covering up that problem since 18 years ago, so do not expect the public registry of Cadastral office to tell you that fact.

Two weeks ago, I had a meeting with the SRA secretary and they are desperate to try to maintain the validity for the Colonial titles, This estate secretary for the SRA is just a crook desperately trying to cover up his fellow crooks and we came apart badly on those issues and as usual he ended up threatening me, but I know that in one month, the next secretary Beatriz Paredes, will execute the Federal law to the full extent and that mean, the Colonial titles will be denied any kind of legal validity.

This façade of legality for the old land titles, the Colonial titles and several other civil court land recognitions over National land, will be absolutely void and for what I know they are legally right.

Just to be on the safe side, ask your friend to wait a couple of months before buying, because drastic changes will be coming to Baja Real Estate; the Estate government will try to cover it up, but they are going out in one more year, no chance that they will remain in power and then the whole land fraud will come to the surface, a fraud committed by the PAN political party elements in power for 18 years in a row to finance their political campaigns on a National level."

Wow! Talk about opening up a can of worms...