What is Full Domain (Dominio Pleno) of an ejidal parcel?
It is the mechanism through which an ejidal parcel can become private property. This legal figure is regulated in the agrarian law in a simple way in a single article, however its realization is much more complicated because if it is not carried out in an educated way and with the accompaniment of an expert in agrarian law, it is very likely that this conversion of land to private property and subsequent sales are invalid.
The Constitution of the United Mexican States in its article 27, section VII, established the possibility that the ejidatarios could adopt the domain of their parcel according to the requirements and procedure established by law; For its part, the agrarian law established that the assembly may grant the ejidatarios the possibility that the parcels that are social property because they belong to the ejidos, can be changed to the civil regime and become private property.
In order to convert ejido lands to the civil regime of private property, it is necessary for an assembly of special formalities to approve the adoption of full domain and therefore cease to belong to the ejidal regime. The foregoing is so because the ejido lands, including the parcels, are owned by the population nucleus (ejido), not by the ejidatario, and therefore it is the assembly that must authorize them to cease to be their property, since from full domain the parcel ceases to belong to the ejido.
The assembly that grants the authorization that the property ceases to belong to the ejido, must be registered in the National Agrarian Registry, and once its legality is analyzed (review of the quorum, presence of a notary and a representative of the Agrarian Procurator's Office) make the positive qualification and proceed to the registration.
The ejidatario interested in adopting full domain must carry out the procedures before the delegation of the National Agrarian Registry in the state where the ejido is located, who carry out a review of the documents and send them to the central offices of said institutions in Mexico City. , where a qualification is issued on the procedure and if it is positive, the state delegation is authorized to generate the title, which is sent to the Public Property Registry to be registered as private property belonging to the civil regime.
From this moment on, the parcel can be alienated to people outside the nucleus, but it is very important to comply with the requirements of article 84 of the agrarian law, because if they are not attended to, the sale will most likely be void.
Author: Dra. Odilisa Gutiérrez Mendoza
contacto@ogmasociados.com