The following information concerns all beach front lot owners:
Recently the environmental authorities have partially released an official and general survey of all Federal Maritime Zones that border the coastal areas of this State. This official survey is only being carried out in the state of Guerrero. It describes the areas known as Terrenos Ganados al Mar or Land Gained to the Sea that exist between such Federal Maritime Zones and the beach front properties.
This survey, among other things, intends to establish an official parameter in the elaboration of any individual Federal Maritime Zone or Land Gained to the Sea survey that is used to apply for concessions over such areas. Most of our clients know what the Federal Maritime Zone is and are aware about the process of acquiring the concession rights of the Federal Maritime Zone that is adjacent to their beach front lots. However, most of them are uncertain about the nature of this Land Gained to the Sea and if these lands can be ‘acquired’ in any form. The purpose of this message is to briefly describe what a Land Gained to the Sea is and how it can be acquired. The Federal Maritime Zone is the 20-meter wide strip of firm and transitable land that borders beaches or natural deposits of marine water. As mentioned before the Land Gained to the Sea is a fraction of land that may exist between such Federal Maritime Zone and the adjacent private property (beach front lot).
Both Federal Maritime Zone and Land Gained to the Sea are considered public property, which means that the Government is the owner. While the Federal Maritime Zone usage can only be ‘acquired’ through a concession by means of which the licensee only acquires rights to ‘use and enjoy’ such Federal Maritime Zone in an exclusive manner, the Land Gained to the Sea can be ‘acquired’ either through a concession or via public sale (auction) by means of which the purchaser acquires the direct title over such land, converting it into private property. No further fee or right should be payable to the Government after the price for the (public) sale is paid. The price payable for the sale will be estimated based on an official appraisal.
The process of acquiring the concession over Land Gained to the Sea is similar to the process of acquiring a Federal Maritime Zone concession. The process of acquiring via public sale the Land Gained to the Sea certainly could represent a larger and more annoying process, however the outcome is that this land will be converted into private property and for that reason will be totally sellable. This process has several phases in it which must be done correctly. This process does take time and we estimate that it could run as long as two years to complete.
An important note to consider is that the i) owners of the adjacent lots that ii) have acquired the concession title over the adjacent Federal Maritime Zone, have the right of preference to acquire via direct sale the Land Gained to the Sea. In this order of ideas, the public auction or sale will not take place but the direct sale in favor this person. Note that not all beach front lots present having Land Gained to the Sea. For the above, it is important to check on your particular case before proceeding. Since the Government has just released the surveys for the State of Guerrero, our firm has begun several of these procedures. Connell & Associates will be offering a seminar explaining this new development, if you are interested in finding out if you have Land Gained to the Sea, please contact us for more information and when the seminar will be held.
