A wire fence was placed on Las Garzas street, located to the west of Ajijic, reducing its width. Photo: Sofía Medeles.

Sofía Medeles.- Residents of La Cristina, west of Ajijic, denounced the placement of a fence in the creek and in a stretch of Las Garzas Street by the owner of an adjoining lot. According to those affected, the owner of a carnitas restaurant asserts that the stream is part of his property, so he decided to put up a fence to prevent passage. 

Witnesses interviewed shared that the fence was put up five months ago and originally reached behind the trees, a few centimeters from the bank of the tributary. But after last year’s October  landslides, the property owner reinstalled the fence at the point where the cobblestone street ends, reducing the street to an approximate width of four to five meters. In addition, the material of the posts and the fence wire were changed.

«The space on the street has been greatly reduced. Before, two cars could pass each other without any problems. Now, if they approach each other head-on, one has to back up almost to the highway to let the other one pass. Also, if you pass by the creek, the man gets furious and says you can’t pass by there because it’s his land,» said a neighbor on Las Garzas Street.

Neighbors of La Cristina denounced that a private individual appropriated the creek. Photo: Sofía Medeles.

In November 2021 the affected residents, mostly expats, gathered signatures and presented them to the City of Chapala to request that the fence be returned to its original location before the landslides.

In this regard, Ajijic acting delegate Maximiliano Macias Arceo said that he was aware of the complaints and that the report has been delegated to the Urban Development Department for review.

The property owner, besides alleging that he installed the fence to prevent access underneath the bridge and because neighbors throw garbage in the creek, says that the creek is part of his property. “The report is now in the hands of Urban Development, so that they can review the property boundaries and, in case of inappropriate expansion, the department will be in charge of realigning it,» said Macias Arceo.

According to the National Waters Law (LAN), streams and riverbeds are federal property; that is, a domain that belongs to the nation and all its inhabitants. This type of land has a buffer strip that varies from five to ten meters wide, depending on its course. To make use of these lands, a concession must be granted by the National Water Commission (CONAGUA). Privatization of these lands is considered a crime.

Translated by MaryAnne Marble