Agrarian (Ejidos and Communities)
The so called “social” property in Mexico, which include the Ejidos and other agrarian communities, are governed by a special legislation that strictly promotes the preservation of said community and their land.
Members of these agrarian communities are not granted with ownership or title to their lands, but only use and enjoyment rights. Therefore, they are impeded to transfer title. However, they are allowed to assign their use and enjoyment rights, previous authorization of the community and the compliance of strict first refusal rights requisites, but in doing so they are impeded to assign their rights to third parties (nonmembers) outside the agrarian community.
However, Mexican law allows agrarian communities to “privatize” their lands provided that the formalities and procedures to delimit, assign, and authorize the conversion of their lands from agrarian property to private property are duly fulfilled in terms of law. In said procedures, the participation of the entire agrarian community and various related authorities is required.
Once the communities have complied with the privatization procedures above mentioned, each individual member will be able to request and obtain title to their individual properties, which they can successfully transfer to third parties, provided that the first refusal rights and other related procedures are fulfilled accordingly in terms of law. Otherwise, the sales may be considered null.
Our team has the expertise and experience necessary to assist with a comprehensive approach on all matters related to agrarian communities, including Ejidos.
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Required to provide the best professional service to our Clients.
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Ana
Lozano
Founding and Director Partner.
Ms. Lozano specializes in real estate law, including individual property, condominiums and developments; environmental; concession and permits of federal zone and land gained to the sea; agrarian, immigration; civil matters; mercantile matters; contracts; employment; patent and brands; corporate; contracts; dispute resolution and litigation.
Ms. Lozano is certified by the Supreme Court of Justice of the State of Guerrero as an expert translator and interpreter in English and Spanish languages.
