Land in Mexico: private, ejido and communal. What to check before paying

01Three regimes, three sets of rules

An ejido is a form of collective land tenure created by Mexico's agrarian reform. Members hold rights over individual parcels, but those parcels aren't private property until they go through the «dominio pleno» (full ownership) process.

02How to know what you're buying

Ask for the document, not the explanation. A deed is checked at the Public Property Registry (in Tamaulipas, the state Registry and Cadastre Institute); a parcel certificate, at the National Agrarian Registry.

03If it's ejido land: the path to «dominio pleno»

An ejido parcel can become private property. Mexico's Agrarian Law sets out the path:

1. PASO 01Assembly resolutionOnce most parcels have been delimited and assigned, the ejido assembly — following the special formalities the law requires — may authorize members to adopt full ownership (art. 81).
2. PASO 02Request to the RANEach interested member asks the National Agrarian Registry to remove their parcel from the ejido regime; the RAN issues a property title (art. 82).
3. PASO 03Recording in the Public RegistryThe title is recorded in the Public Property Registry. From then on the land is no longer ejido land and falls under ordinary civil law.
4. PASO 04First saleOn the first sale, the seller's relatives, people who have worked the parcel for more than a year, ejido members, residents and the community itself have a right of first refusal, in that order, with 30 calendar days to use it (art. 84).

04What to check on any lot

• Measurements and boundaries: the deed should match what's on the ground. A survey avoids surprises.
• Land use: the municipal certificate states whether it's residential, commercial, industrial or mixed, and what can be built.
• Utilities: water, sewer and power. If they don't reach the lot, ask about feasibility and cost.
• Low-lying or fill areas: Tampico and Madero have low areas near lagoons and the Pánuco River; a lot that floods may need fill before building.
• Liens and debts: lien-free certificate and property tax paid up.
• Access: the lot should front a public street or a recognized easement.
• In a subdivision: the subdivision must be authorized.

05Before paying a deposit

1. 01Have the document that proves the regime in hand (deed or title; parcel certificate if it's ejido land).
2. 02Confirm in the relevant registry that the seller is the holder and that there are no liens.
3. 03Check land use and utilities.
4. 04Sign a receipt or contract stating which lot the deposit is for and when it's refunded.