Agriculture & Ranching Articles

May 10, 2014

Investing in Real Property with a History of Having Been Communal Property (“Ejido”)

By Jorge Ojeda and Marimar Pérez Cacheaux

 Multiple hotel developments, golf clubs, industrial plants and a whole range of investments in Mexico have been and continue to be developed on tracts of real property which, at one time or another, were communal properties (“ejidos”). One often hears stories of investors who were fooled into believing that they were purchasing private property, when in fact they were being offered to purchase ejido land, which caused many “headaches” for such investors.   The regime of land of communal origin presents various peculiar features, which must be understood. The Agrarian Law (Law) classifies communal properties as real property for communal use, real property for human settlements and real property that is divided into parcels. In principal, only parceled real property … read more

May 14, 2008

Mexico Enacts Decree Amending Article 80 of the Agrarian Law

On April 17, 2008 Mexico published a Decree amending article 80 of the Agrarian Law (Ley Agraria). Such amendment, although seeking to provide greater predictability, actually adds a slight complication to the procedure for transferring communal property (Ejido) rights between ejido community members (ejidatarios). New aspects of the amendment include: (i) consent for the assignment must be ratified before a notary public; (ii) spouses, common law spouses and children must be notified in writing of transfers of ejido rights and any waiver of first refusal rights by spouses, common law partners and children must be in writing and registered in the National Agrarian Registry (Registro Agrario Nacional); and (iii) a requirement to give notice to the ejido commission of any … read more