The Baja California Travel & Living Webzine

Baja California Information for Traveling and Living

New Stories

Baja Fishing Reports
Tropical Depression 5E
Quiet San Ignacio
Hydration in the Heat
Teacher Saving Turtles
Rosarito Seafood Fest
About Tijuana, Baja
Gas Prices in Mexico
Tracking Sea Turtles
Baja Road Report
IEMANYA Ocean News
Eco-luxury in Los Cabos
Tickets to the Pimp n Ho
Pimp n Ho Ball History
Rainbow Tribes Gathering
Dental Spa Los Cabos
Helping Kids in La Paz
Luxury Villas Los Cabos
Baja Fishing Reports
Rent a Cabo Condo
Resort Speeds Development
Car/Home Mexican Ins
La Paz Orphanage Online
Ensenada Art Fair
Calafia Resort & Villas
Blue Whale Research
Wedding Planning Los Cabos
Dental Composites in Cabo
Agents Tour Development
Free Spanish Lesson
Transportation Los Cabos

Insider Sections

Front Page
Feature Stories
Baja Real Estate
Baja Adventures
Boating & Cruising
Baja Business
Baja Destinations
Baja Dining & Food
Driving Baja
Baja Environment
General Information
Baja Life & Living
Baja Travel Information
Free Classifieds
Baja Maps
Baja Life & Lifestyles

Baja Environment
Baja Fishing Reports
General Information
Archives
Real Estate Resources

Insider Blogs

The Baja Blog
2 Seas Watch-

Weather & Roads

Weather & Conditions
  ♦ Cabo San Lucas
  ♦ La Paz
  ♦ Loreto
  ♦ Tropical Watch
Weather Stories

Baja Road Report

General Information

Submit Articles
Advertise with Us
Contact Us
Resource Directory
Link to Us
RSS Logo RSS Feed

Buying Ejido Property in Mexico

 


EJIDAL PROPERTY….. Is it a bargain? Or a problem?
by Linda Neil

EJIDAL (EEEE-heee-doll) properties were established in Article 27 of the Mexican Constitution of 1917 as an outcome of the revolution and represent probably 50% of all the land in Mexico.

Father of the Ejido landgrants E. ZapataAfter the revolution hundreds of millions of acres from the original Spanish land grants were expropriated by the government and classified as "ejidal" properties. The state retains ownership of these lands and the peasants, or farmers, have the right to use them, to live on and to grow their crops on them. The rights of usage pass from father to son, but ejidalthese properties cannothave never been able to be sold as private property.

In Baja California Sur alone, there were 100 ejido groups occupying 5 million 375 thousand hectares, according to the Ejidal Census made in 1991 by INEGI, the federal government statistical bureau. Only six other states in the entire country have more ejidal land.

Click here to visit the lindaneil.com website

The average amount of land for each ejido in BCS is 53,758 hectares. That's about 134,395 acres for each ejido or almost 210 SQUARE MILES of land for each ejidal group!

Per decree published on February 26, 1992 in Diario Oficial, Mexico's Official Newspaper, certain ejidal lands can now be converted to private property through a process known, in Spanish, as the PROCEDE, (the procedure).

More Below...
 


This is a seven step process that may take as much as five years to accomplish, and consists of the following:

1. Resolution within the ejido. A two-thirds majority must decide to convert parcel lands to private property. This does not pertain to human settlement or communal property, also a part of ejidal land. This pertains only to the individual parcels.

2. Mapping, allowing for streets, gardens, other donated lands, human settlements and communal lands
3. Allotment of a parcel to each ejiditario (farmer).

4. Application to Agrarian Reform, Mexico City

5. Approval by the Agrarian Reform

6. Transfer of parcels to the individual ejiditarios.

After this process is completed and registered with the Agrarian Reforms, the ejiditario who wishes to sell to an outsider must first notify other family members, those who have worked the property for more than one year, then other ejiditarios in the group, neighbors, and the ejidal government before completing a sale to the outsider. These parties have the right of first refusal and notifications must be made following a specific procedure.

ONLY after all correct notifications have been made does the EJIDITARIO receive a deed. ONLY then may he in turn transfer in fee simple to third parties, nationals or foreigners. If the property is in the restricted zone ONLY then can an ejidal property be acquired by a foreigner, PROVIDED the Secretary of Foreign Relations will grant a permit for same.

THIS IS FOR PROPERTIES WHERE THE EJIDAL group agrees in an assembly to convert its parcel property to private property.

What about the ejidal group who chooses NOT to convert its parcel land to private property? Can it be used by outsiders?

Article 45 of the law states that ejidal properties may be the object of any type of contract in association or use contract made by the ejidal group, or by individual ejiditarios on common lands or parcel lands. Contracts made with third parties may be granted for a term up to thirty years and can be renewed.

About Linda Neil


Linda Neil - Your Personal Real Estate Consultant

Accredited Buyer Representative (ABR) as designated by the National Association of Realtors®

· Real Estate Broker, licensed in California since 1969
· Founder, the settlement company®
· More than 33 years real estate experience in  Mexico
· Member, National Advisory Council, AMPI Nacional,
 2000-2001 & 2008-2009
· Founding Member and past president, AMPI-Los  Cabos
· Member, NAR International
· Member, FIABCI-Mexico (International Real Estate Federation)
· Authorized Sales Agent, FONATUR
· Certified Real Estate Professional (PIC)-AMPI Mexico

 References Upon Request

Click here to visit

Linda Neil, Salvatierra 120 esq. con Madero,
La Paz, Baja California Sur, Mexico

 

Under the Mexican Civil Code the maximum lease for residential property is ten years. Thus it can be said that the ejidal properties have an important advantage over private RESIDENTIAL property when it comes to leasing.

There is, however, a substantial difference between OWNERSHIP and LEASING. It is important not to confuse the two.

OWNERSHIP, even in the prohibited zone, where ownership is a PERSONAL right of use and enjoyment, permits indefinite usage through multiple renewals (every fifty years) of trust permits, and a clear-cut right to rent those rights, to sell those rights, and to collect a profit therefore. Annual costs under a trust (fideicomiso) are limited to bank administration fees and property taxes and the owner has full rights to all improvements on the land.

LEASE RIGHTS from an ejidal group can be for a maximum term of thirty years and can be renewable. The annual lease cost, however, is often a monthly or annual payment and, while it may be fixed for the first lease term, (up to thirty years) costs upon renewal are not usually negotiated for the following lease term, and may be increased to any amount that the leaseholder, the ejido, requests. Failure to pay the amount requested by the holder of the lease means that lessee (the tenant under the lease) must vacate the property and, of course, must leave behind ALL improvements affixed to the property.

In a rental situation, the tenant never owns the improvements and the amount of the rental will probably be determined by market conditions.

Click here to visit the lindaneil.com website

Click here for Phone Contact Information

 

Click here to email Linda Neil

 

 


Didn't receive the
Insider Update?

Subscribe Here
Unsubscribe

Free Spanish Lessons!!


Subscribe to receive our FREE Insider Updates
Your information is kept confidential - You may unsubscribe at any time

Enter your Email Address Here
Updates are sent every 2 weeks or when weather threatens Baja

Click here to see a sample
Update

 
The Webzine for Traveling and Living in Baja California
©2004-2007 Desert Digital LLC • Cabo San Lucas, BCS • La Paz, BCS • Las Vegas, NV • Philadelphia. PA