Ejido or Escritura
In Mexico, there are two main types of land ownership: titled properties and ejido properties. While both types of land offer ownership rights, there are significant differences between them that buyers and investors should be aware of. In this article, we'll explore the differences between Mexican title and ejido properties.
Mexican Title Properties
Mexican title properties, also known as private properties, are similar to land ownership in other countries. They offer a clear title to the land, which means that the owner has the right to use, enjoy, and dispose of the property as they see fit. Title properties in Mexico are governed by the Mexican Constitution and the Federal Civil Code, which sets out the legal requirements for the transfer of property.
Title properties are typically bought and sold on the open market, and the process of purchasing them is similar to that in other countries. Buyers should engage a reputable real estate agent or attorney to help with the transaction, including conducting a title search to ensure there are no liens or other encumbrances on the property.
Once the sale is complete, the buyer receives a title deed, which is registered with the Public Registry of Property. This registry is the official record of land ownership in Mexico, and it provides a clear record of ownership that is recognized by the government and the courts.
Ejido Properties
Ejido properties, on the other hand, are a type of communal land ownership that is unique to Mexico. They were originally created under the agrarian reform program of the Mexican Revolution, which sought to redistribute land to peasants and indigenous communities.
Ejido properties are owned collectively by the members of the community, who have the right to use the land for agricultural purposes or to build their homes. The land cannot be sold, but it can be leased to individuals or companies for a limited period, typically up to 30 years.
Ejido properties are governed by the Agrarian Law, which sets out the rules for the use and transfer of ejido land. Any transfer of ejido land must be approved by the community assembly, which is made up of all the members of the community. This process can be complex and time-consuming, and it can take several months or even years to complete.
One important thing to note about ejido properties is that they do not offer a clear title to the land. Instead, buyers receive a document known as a "derecho ejidal," which is a certificate that grants them the right to use the land for a specific purpose. While this document is recognized by the Mexican government, it does not offer the same level of legal protection as a title deed.
Another potential issue with ejido properties is that there can be disputes over ownership or boundaries. Since ejido properties are owned collectively, there can be disagreements among members of the community over who has the right to use a particular piece of land. Buyers should engage an experienced attorney to help navigate these potential issues.
Conclusion
In conclusion, Mexican title and ejido properties offer different types of land ownership in Mexico. While title properties offer clear ownership rights and are bought and sold on the open market, ejido properties are collectively owned and subject to complex rules around use and transfer. Buyers and investors should carefully consider the pros and cons of each type of property before making a purchase. Engaging a reputable real estate agent or attorney can help ensure a smooth transaction and minimize the risk of any legal issues down the line.