Property law of
Mexico
La Ley de
propiedad de
México
Bartosz Iwański
Brief History of land ownership in Mexico
1521 - Hernán Cortés arrives claiming all mexican land for the King of
Spain
1822 - Mexico declares independence from Spain, the lands of Mexico
are still owned by wealthy foreigners, the Mexican upper class and the
Church
1917 - the end of the Mexican Revolution, new constitution
establishes restrictions on foreign ownership and ownership of real
estate by the Catholic Church
Types of property in Mexico
In the Political Constitution of the United Mexican States,
specifically in Article 27 there are discussed three types of
property:
● public property
● private property
● social property
Mexican public property
According to the 27 article of the Mexican Constitution:
“The ownership of the lands and waters comprised within the limits of the
national territory, corresponds originally to the Nation”
Property in the public domain is property belonging to the Federation, the States or
the Municipalities, which may be for common use, destined to a public service or
property simply held owned by the state. These assets are governed by the provisions
of the Civil Code in all matters not determined by special laws.
Mexican social property
Social property in Mexico is comprised of the “Ejidos”
Ejidos are areas of communal land used for agriculture
in which community members have usufruct rights
rather than ownership rights to land
They are the result of extensive land reforms which
happened after the Mexican Revolution of 1917
Mexican private property
Mexican Constitution states:
“The Nation has had and has the right to transmit ownership of the lands and waters comprised
within the limits of the national territory to individuals, constituting private property.”
In Mexico, the right to property is elevated to the category of constitutional guarantee in such a way
that individuals may not be arbitrarily deprived of this right.
The owner has the right to obtain fruits, yields, accessions from the goods of his property and may
alienate them, lease them, rent them freely with the limitations established or provided by law.
Acquisition of property
By constitutional provision, Mexicans by birth or naturalization as well as
Mexican corporations have the right to acquire the domain of lands,
waters and their accessions or to obtain the exploitation of mines or
waters.
Property may be acquired for valuable consideration or free of charge,
such as through contracts of sale, donation, inheritance, or acquired by
the passage of time, as in the case of usucaption or positive prescription.
Regarding property, there are civil actions that may be brought by the
owners of the property so that their rights are recognized or respected. In
addition, criminal law also protects private property and for this purpose
there are penalties for those who commit property crimes. These civil and
criminal actions are dealt with in other sections of this portal.
Loss of ownership
Under the North American Free Trade Agreement, NAFTA, Mexico may
not directly, or indirectly, expropriate property except for a public
purpose.
The Mexican government may expropriate property under certain
guidelines, it must be founded on public interest, and the owner must be
compensated, it is very rare, for example, if the land is required to build
roads or railways.
Acquisition of real estates by foreigners
Foreigners may not acquire direct dominion over land within 100 kilometers
along the mexican borders or 50 kilometers along the beaches
Foreigners may acquire ownership of lands and waters in the national
territory of Mexico when they agree before the Ministry of Foreign Affairs to
consider themselves as nationals with respect to their property and to waive
the diplomatic protection of their own government
The Calvo Doctrine
The Calvo Doctrine is a foreign policy doctrine which holds
that jurisdiction in international investment disputes lies
with the country in which the investment is located.
An investor, under this doctrine, has no recourse but to use
the local courts, rather than those of their home country. It is
an expression of legal nationalism.
The principle, named after Carlos Calvo, an Argentine jurist,
has been applied throughout Latin America and other areas
of the world.
Sources
https://mexico.justia.com/derecho-civil/propiedad/
Property Rights Under the New Mexican Constitution - J. P.
Chamberlain
https://en.wikipedia.org/wiki/Ejido
https://mexlaw.com
https://www.snellrealestate.com/investing-in-mexico-real-estate/
Thank you for your
attention!
¡Gracias por su atención!
