Do owners of beachfront property have rights over the Federal Zone?
The owners of properties adjacent to the Federal Zone have the best right to obtain a concession above the rights of any other concession holder, but these rights need to be defended in court as the administrative authority uses the principle of first in time, first in right.
The use, exploitation and exploitation of the Federal Terrestrial Maritime Zone (Federal Zone) is administered by the Ministry of the Environment and Natural Resources (SEMARNAT). There is a central office in Mexico City, as well as few offices located in the country that manage the procedures related to the Federal Zone.
The rights and obligations of the Federal Terrestrial Maritime Zone are obtained through permits or concession titles authorized by the General Directorate of the Federal Maritime Terrestrial Zone of SEMARNAT in Mexico City; The Concession Titles can be requested by interested individuals, including those that are owners of neighboring properties.
The owners of neighboring properties can obtain permits and concessions, however, they do not turn out to have the exclusivity. Any person or corporation can obtain a Concession Title even if they are not the owner of the property adjacent to the ZOFEMAT, provided that the owner of said property has not requested it in advance, thereby causing damages on many occasions to the neighboring properties.
Generally, SEMARNAT uses the criteria of “first in time, first in right”, to grant permits and concessions, and this situation could become unfair depending on the circumstances.
Our law firm is a specialist in proving to the Authority that the owners who have properties adjacent to the ZOFEMAT, have the best right to obtain a concession with respect to federal areas. Our law firm managed to establish a precedent before the Federal Administrative Specialist Court on Environmental Matters in Mexico City, which is the only specialized judicial instance today that resolves controversies on the matter. By means of the sentence obtained, the Authority recognized the rights of a Condo Regime as priority even when the issuing Authority of the concessions (General Directorate of ZOFEMAT of SEMARNAT used other criteria for authorization, against the interests of the owners of neighboring properties to the Federal Zone.
We declare with achieved results, we have the necessary legal tools to demonstrate to the Authority that the owners of properties adjacent to the Federal Areas subject to concessions have the best right to obtain a concession above the rights of any other concession holder.
If you own property adjacent to the Federal Zone, but you do not hold the corresponding Concession Title, Schedule a Free Call with Us to discuss your case.