Federal prosecutors have formally charged two individuals for illegally occupying and selling parcels of federally protected land along the San José Creek in Los Cabos. The suspects, identified as Leyver “N” and Eduardo “N,” face charges of improper use of federal land after inspections revealed unauthorized human settlements within the creek’s protected zone.
Mexico’s Attorney General’s Office (FGR) filed the charges following a complaint by CONAGUA, the National Water Commission, which regulates federal waterways and their surrounding buffer zones. Inspectors found that the two individuals had not only established illegal settlements on the protected land but were actively promoting and selling lots through digital platforms.
Federal Creek Zones Carry Strict Land Use Rules
Under Mexican law, land within and adjacent to federally designated waterways like the San José Creek falls under federal jurisdiction. Private construction and lot sales are prohibited within these zones. CONAGUA enforces these restrictions to protect water flow, prevent flood damage, and preserve the ecological integrity of riverbeds and their banks.
The San José Creek runs through the heart of San José del Cabo, stretching from the Sierra de la Laguna mountains to the estuary near the town’s historic center and hotel zone. The waterway is a well-known landmark for residents and visitors, and its banks have faced increasing pressure from informal development in recent years as Los Cabos continues to grow rapidly.
Judge Sets Three-Month Investigation Window
A federal judge overseeing the case has granted prosecutors a three-month window to complete their complementary investigation. During this period, the FGR will gather additional evidence before the case moves toward a potential trial.
The charges mark what local observers describe as the first formal prosecutions tied to the ongoing problem of illegal land sales along the creek. Advertising lots on social media and online marketplaces has become a common tactic for informal land sellers targeting buyers unfamiliar with Mexico’s federal land restrictions. Purchasers of such lots risk losing their investment entirely, as transactions involving federal land carry no legal standing.
For expats and foreign buyers in Los Cabos, the case is a reminder to verify land ownership status through official channels before any real estate transaction, particularly for properties near waterways, beaches, or other areas that may fall under federal control.
The case was first reported by Colectivo Pericú.