Ejido Land
Most
people
that may be interested in real estate in Puerto Vallarta would
be obtaining regularized land known as a fideicomiso, in which
title can not actually be obtained directly by a foreigner,
but title can be placed in trust with a bank the next best
thing. This system has been in effect for many years and has
worked very well with literally thousands of people purchasing
Mexican property without any problems.
However
there are lands, generally outside of Puerto Vallarta, especially
to the north in popular areas such as Sayulita and San Pancho,
that have not been regularized and which are Known as Ejido
properties. This type property was established in 1917 after
the Mexican Revolution to break up the large landholdings
of foreigners and wealthy Mexicans the land is still owned
by the government but control is given to an assembly of Ejidatarios
or community members of the ejido. They can apportion the
property to individuals, but up until 1992 when some changes
were made to the system no one individual could have title
to a particular piece of ejido land.
The
1992 Agrarian law changes recognize the individual property
rights within the ejido and under certain conditions allow
for the lease and sale of property to non-ejido members. This
allows the land to transfer from government control and places
it in the public land registry where it can then be leased
or sold. With over 50 million acres of land presently in ejidos,
this would open up substantially the amount of land available
for development in Mexico.
However,
very little of this transfer has actually taken place, and
it will not take place at all if an Ejido Assembly does not
wish it to happen. Secondly, this was established primarily
for agricultural reasons, not so those foreigners could buy
a parcel of land to build upon. It is especially uncertain
how this effects ejidos with tropical land forests - will
the government allow this type of land to enter under the
agrarian law adaptions? Thirdly, it is presently illegal to
promote or sell ejido land, and there are severe penalties
that could be enforced to those that do so.
Our recommendation and that of the realtors we spoke to be
careful. There are still many uncertainties and no one can
promise you for sure that your interests will be protected
or indeed the ejido land you're interested in will become
regularized. If you aren't comfortable with this, stick to
regularized property, there's plenty of that in and around
Puerto Vallarta......
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This
material is based upon information which we consider reliable,
but because it has been supplied by third parties ,we cannot
represent that it is accurate or complete, and it should not
be relied upon as such. This offering is subject to errors,
omissions, change of price or sale withdrawal without notice.