Last updated on September 9, 2016
Tulum, Q.R. — A judge has reversed the eviction notice of one hotel in the Punta Piedra region of Tulum from the mass property eviction in June.
By order of Cancun second district judge Gerardo Vázquez Morales, land use for Hotel Azucar was restored to its owner, Allan Javier Dieck Zablah. The hotel owner is only one of the property owners who suffered the mass eviction ordered by Playa del Carmen Civil Court judge, Gustavo Efraín Chan Caamal, in June.
The mass eviction saw 17 properties taken over by police and security guards representing the Schiavon Magaña family. The ruling, which was passed down by the Directorate of Judicial Administration Management of Oral and Commercial courts of First Instance of the Judicial District of Solidarity, saw hoteliers completely stripped of their properties.
The eviction was executed without notice and considered the largest expulsion of land in Tulum.
However, the new ruling by Cancun judge, Gerardo Vázquez Morales, which was reversed based on irregularities by the previous ruling, means that other land owners included in the June eviction may be able to take the same legal route to recover their property.
The reversed decision for Hotel Azucar will allow the property owner to once again, use the land as intended. Dieck Zablah noted that they are “waiting for the green light so we can return [to the hotel].”
One problem Punta Piedra land owners are currently facing is facade changes to their property in an attempt to generate legal confusion. So rightful property owners have been scrambling to take photos and videos of their property for a permanent record when applying to reinstate their rightful ownership.
On June 17 of this year, 17 properties in the Punta Piedra area of Tulum were, without notice, stripped of their ownership. With nearly 200 temporary security guards backed by police, each property was also stripped of inside possessions including furniture such as beds, tables, desks, chairs, kitchen supplies and appliances, linens, dishes and even beach furniture.
The area of Punta Piedra has been the subject of controversy for more than three decades due to legal ownership uncertainty dating back to an ejido of Pino Suarez presidential decree from 1973.