Ejido land in Mexico: why buyers must be careful

The three kinds of ejido land

The law distinguishes land by how the assembly has allocated it:

1. Human settlement land (asentamiento humano). The assembly allocates it to the village. Art. 64 says it is “inalienable, imprescriptible and unseizable” and any act to sell, prescribe or seize it is “null in full right”. The exception is the individual solares (house plots) in the urbanisation zone: art. 68 says they belong in full ownership to their holders.
2. Common-use land. Art. 74: “inalienable, imprescriptible and unseizable”, except in cases of manifest benefit when the assembly contributes it to a company under art. 75, which has its own procedure including the opinion of the Procuraduría Agraria.
3. Parcelled land (parcelas). Assigned to individual members (ejidatarios). A member may work it, lease it or give its use to third parties without the assembly’s permission (art. 79), but may sell the rights only to other ejidatarios or avecindados (residents recognised by the ejido) of the same ejido (art. 80).

What art. 80 requires for a valid sale between members

Art. 80 makes the following conditions for validity: written agreement of the parties before two witnesses, ratified before a notary or other public official; written notice to the spouse and children of the seller, who have a right of first refusal (derecho del tanto) for 30 calendar days from notice; and written notice to the comisariado ejidal (the ejido’s executive body). Once the sale is completed the National Agrarian Registry (Registro Agrario Nacional, RAN) registers it and issues new certificates.

How ejido land becomes ordinary private land

Arts. 81-82 describe the route out of the ejido regime:

1. When most of an ejido’s parcels have been delimited and assigned, the assembly (with the formalities of arts. 24-28 and 31) may resolve that members can adopt dominio pleno over their parcels.
2. The member who wants it asks the RAN to cancel the parcel’s registration. The RAN issues a title of property that is registered in the local public property registry.
3. “From the cancellation of the registration” the land ceases to be ejido land and is subject to ordinary law (art. 82).

Selling to a stranger requires that this has happened. Art. 83 adds that a sale to a non-member does not alter the rest of the ejido’s regime.

The first sale after dominio pleno

The first sale of a parcel that has been converted triggers a pre-emption sequence (art. 84): relatives of the seller, people who have worked the parcel for more than a year, ejidatarios, avecindados and the ejido itself, in that order, have 30 calendar days from notice to exercise a right of first refusal. “If the notice is not given, the sale may be annulled.” The comisariado and the vigilance council are responsible for checking compliance. Art. 86 adds that the first sale to a person outside the community must be at no less than the reference price set by the Commission of National Property Appraisals or any credit institution, and is free of federal taxes and duties for the seller.

Urban growth areas

Where ejido land lies in the growth area of a town, arts. 87-89 say its incorporation into urban development must follow the urban-development plans; the sale of such land to outsiders must respect the pre-emptive right of the state and municipal governments under the General Law on Human Settlements (art. 89).

What to check before any “ejido” or “agrarian” purchase

1. Ask for the RAN title or certificate and the registry history. The RAN keeps the register of agrarian transactions and rights over ejido and communal property (art. 148); entries are full proof in and out of court (art. 150). The same law lists what must be registered (art. 152): certificates over house plots, common land and parcels, plans of the lands, expropriation decrees and others.
2. Check that the property is registered with the state public registry after dominio pleno; see the property registry and the certificate of liens.
3. Be wary of a “contract of assignment of rights” or a constancia issued by the comisariado. The texts read recognise the certificate and the RAN title; they do not treat a private paper from the ejido’s officers as equivalent. Ask the notary or a lawyer what document is being sold.
4. Remember that a sale only has effect against third parties once registered (Código Civil Federal, art. 2322).
5. Foreign buyers face art. 27 of the Constitution as well; see the restricted zone and the foreign-buyer overview.

Whether a particular plot is ejido is a question for the RAN and the Procuraduría Agraria; this guide does not read their online services.

Which professional to consult

A real-estate lawyer (profile) with agrarian experience can read the RAN documents; the notary (notary’s role) should refuse to deed what the law does not allow.