Ejidal Properties and Rights Transfer: What You Need to Know Before Buying

In Mexico, a significant portion of the land consists of ejidal properties. These lands, which are part of the agrarian system, have a specific legal framework that differentiates them from private properties. In this article, we will explore what ejidal properties are.

What Are Ejidal Properties?

Ejidal properties are lands that belong to an agrarian community, managed by ejidatarios, and are not considered private property in the strict sense. These lands are primarily used for agricultural, livestock, or forestry purposes. However, many are now located in urban areas or high-demand real estate zones.

• Ownership: Ejidal lands do not belong to individual ejidatarios but to the ejidal community as a collective.
• Regulation: The use and disposition of these lands are regulated by the Agrarian Law, which limits their direct sale as private properties.

What Is a Rights Transfer?

A rights transfer (Cesión de Derechos) is the legal mechanism through which an ejidatario transfers their rights over an ejidal parcel to another person. This is a common practice in ejidal lands, but it is crucial to understand its particularities:

• Internal Transaction: Generally, only members of the ejidal community have the right to acquire or transfer rights over ejidal lands. For an external person to acquire these rights, they must meet specific requirements and obtain approval from the Ejidal Assembly.
• Legal Process:
  • The transfer must be formalized before the Ejidal Assembly, which must approve it.
  • It must be registered with the National Agrarian Registry (RAN) to be valid.
• Limitations: Although usage and possession rights are transferred, the land remains part of the ejidal community and does not automatically become private property.

Differences Between Rights Transfer and Public Deeds

The main difference between a rights transfer and a public deed lies in the legal status of the property and the rights they confer:

Aspect	Rights Transfer	Public Deeds
Property	Remains ejidal and belongs to the ejidal community.	Full private ownership of the titleholder.
Transfer Process	Requires Assembly approval and registration with the RAN.	Transferred through a notarized and registered sales contract.
Legality	Limited to agrarian laws and the ejidal community.	Governed by the Civil Code and other applicable laws.
Restrictions	Cannot be mortgaged or freely sold.	Can be mortgaged, sold, and used as collateral.
Legal Security	Depends on proper registration with the RAN and Assembly approval.	Higher security as it is registered with the Public Property Registry.

How to Convert Ejidal Land into Private Property

If you wish to acquire ejidal land and convert it into private property, a regularization process is required, which involves several steps:

1. Ejidal Assembly Approval: The Assembly must authorize the sale and regularization of the ejidal land.
2. Certification: Obtain land certification through the National Agrarian Registry.
3. Deed Registration: Once regularized, the land can be deeded and registered with the Public Property Registry.

The Importance of Expert Advice

The process of acquiring or regularizing ejidal land can be complex and nuanced. Having the support of a real estate agency with experience in ejidal properties can make a significant difference:

• Agrarian Law Expertise: We help you understand the restrictions and possibilities of ejidal lands.
• Process Management: We coordinate the rights transfer, regularization, or deed registration as needed.
• Legal Protection: We ensure all processes comply with current regulations for your security and peace of mind.

Acquiring ejidal property through a rights transfer is a viable option, but it requires careful planning and a clear understanding of agrarian laws. If you are considering such a transaction in