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One Response to “How get a book about Mexico Real Estate Laws ?”

1. vicentechamps said:

   Feb 04, 09 at 4:54 pm

   Tittle: How to buy real estate in Mexico by Dennis John Peyton
   (Good to give you a general idea). AMAZON

   One thing :
   Each State in Mexico has it own Real Estate Law and there may be changes from year to year. (Getting a translation of each of this codes, or rules will be really difficult but books like the one above or the info below will give you an introduction)

   This Law is part of Mexican Civil Law, and under the categories of INMUEBLES (real estate), and Muebles (literally property that can be move like cars); and is based on the Mexican Constitution. But so many other areas come into play when buying property in Mexico and there are so many Bureaucratic procedures that only a well seasoned and knowledgeable Lawyer should be in charge.

   Although you can get familiarize with this laws and specially the limitations and requirements for foreigners to own land or property; you should never attempt to do any deal without consulting a Lawyer of Good Reputation.

   Also for any Real Estate Transaction get familiarize with Mexican:

   Tax Law
   Federal Zone Regulations
   Condominium Law
   The General Law of National Properties
   The Constitution and International Treaties (related to real estate)
   The Foreign Investment law and its regulations.
   Also transaction are always register in a Public Notary which are offices of Notaries Comissioned by the State, there is a limited number, so is not like here in USA.

   This information is from a site that also tries to sell Real Estate so I can not attest for the accuracy, and I am not in any way recommending what he (or they) sell; (I am only including the link to give them credit for the info) (AND REMEMBER IT VARIES FOR EACH STATE) but it does give you an idea:

   I.- Laws governing ownership and real estate.
   Mexico is politically and legally organized as a federal system. This means that two orders of laws exist: federal laws, which apply throughout the Republic, and the local laws dictated by each of the 32 federative entities or States, which apply only in each State.
   The subject of ownership and real estate is a matter which corresponds to the States, and which is governed principally under the 32 Civil Codes (1). However, there are some federal laws governing certain aspects of ownership and real estate, which apply as a single law throughout the Republic and including those concerning trade and industry and the rules on banks.

   II.- The principles of ownership contained in the Constitution.

   1) Ownership corresponded originally to the Nation (the State), which has transferred this to individuals.
   2) The Nation can regulate real estate as dictated by public interest.
   3) The Nation is directly responsible for the natural resources of the subsoil (mines, petroleum, gas, nuclear energy), waters (sea, lakes, rivers), which cannot be transferred to individuals. These resources can be exploited under concession (2).
   4) Concessions are granted both to Mexicans, and to the foreigners who enter into a pact with the Mexican Government to consider themselves as Mexican for this purpose and not to invoke the protection of their Governments, which is known as (Clausula Calvo, or Barren Clause).(3)
   5) Foreigners cannot acquire the direct ownership of real estate within an area of 100 kilometers along the borders with neighboring countries, or 50 kilometers along the coast (restricted areas).
   6) Agrarian property (rural or country properties) consists of various categories; lots of common land (4) or communal property granted to common land holders or communities, which cannot be negotiated or belong to individuals. The existence of privately-owned agricultural smallholdings is also recognized.

   III.- The different kinds of real estate.
   In addition to the principles on ownership laid down in the Constitution, the National Assets Law and Civil Codes mention the existence of two kinds of property: that of public dominion and that held by individuals.

   1) Property of public dominion is that corresponding to the Federation, States and Municipalities, and to special laws (5).
   2) Property of public dominion can also be: property in common use which can be utilized by anyone (such as, for instance, air space, territorial waters, beaches, ports, roads, bridges or monuments) (6), that used for a public service and individual property.
   3) Property of public dominion cannot belong to individuals (nor can it be transferred or prescribed, meaning that it cannot be transmitted or acquired by prescription). In order for someone outside the Federation to acquire property of public dominion (such as property destined for public service or unencumbered property), such property must be released from public dominion by means of a disincorporation ruling issued by the President of the Republic.
   4) Privately-owned property consists of everything not of public dominion (of the Federation, States or Municipalities), or agrarian common land or communal prope

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