Re: Questions on Tenacatita

Posted by Dobie on August 21, 2010, 10:56 pm, in reply to "Questions on Tenacatita"
151.202.13.36

Daniel - 1) Titles were obtained through PROCEDE. First INEGI came and measured each lot. A map was made showing all the solares (lots) with their boundaries. Several large maps were put up in the ejido building, where people were to put their names next to their lots. Each person had to give a folder to the president of the ejido stating their name, whether they were ejidatarios or vecinos. The ejido has what's called an Asamblea Dura where a notary is present as well as a representative from the Procuraduria Agraria in Autlan. Only ejido members can go to the Asamblea Dura. The ejido assigns each solar (lot) an owner (hopefully it's the person who really "owns" the land). I put that in quotes because no one can really "own" ejido land, but just has the right (derechos) to use it. This list goes to RAN. If anyone feels the ejido has assigned their solar to someone else, they have 90 days to file a complaint, which they do through the Procuraduria Agraria in Autlan. RAN processes the information and issues the titles. 2)I can tell you that in El Rebalsito, many titles were given to people who didn't "own" the land, and many people received titles to land that wasn't theirs. Some solares were listed as "sin asignacion" in the first asamblea dura because there were conflicts as to who really had the right to claim the title. El Rebalsito has had 3 Asambleas Duras over the years. The first titles were issued in 2006, signed by President Fox. Some people lost their land because they never did anything, like fence it or build anything on it. Some lots had 2 owners - that is, 2 different people had papers signed by the ejido for the same lot. From what I've heard, El Rebalsito isn't the only place where there have been problems. Deception or forgery, I don't know, but we know that in Mexico money talks. 3)Villalobos has won several court cases, but as far as I know, has never received any titles and has never paid taxes in La Huerta. Once you receive a title, you're supposed to go to La Huerta and register the title, which means paying money and then starting to pay land taxes (predial). There's also a law in Mexico that if a person occupies land for 5 years in buena fe or 10 years in mala fe and no one has come to kick him/her off, and no one else has claimed possession, that person becomes the owner. 4) The bank holding the fidecomiso definitely does some research and they are to be notified if any problems arise in the future. They have lawyers who are obligated to defend the rights of the people holding the fidecomisos. That's what they're getting paid so much for! I was a presta nombre (I'm a naturalized Mexican citizen)and received a title for a solar "owned" by foreigners. When I got the title, I was married, so that's what was put in the document written by Lomeli when the foreigners applied for the fidecomiso. But it came back with a correction showing that I had been divorced sometime after I received the title in 2006. I was surprised that they had checked that out. I hope that helps answer some of your questions.

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