To become part of an ejido or community in Mexico and to acquire land, it is necessary to obtain agrarian status, whether as an ejidatario, comunero, avecindado, or possessor. Agrarian status is a legal standing that allows individuals to access land that is under a social property regime and enjoy the benefits of the ejido or community.
It is common for people to approach the ejidal commissariat to request agrarian status. However, it is important to note that the commissariat does not have the authority to issue agrarian status certificates, rendering these certificates legally invalid. The ejidal commissariat is a representative body of the ejido, responsible for managing internal and external affairs, but it does not have the authority to grant agrarian status on its own.
To correctly obtain agrarian status, the ejidal commissariat must include in the agenda of the next assembly the authorization for the person aspiring to be an ejidatario, comunero, avecindado, or possessor to be endorsed by the assembly. If approved, the act must be registered with the National Agrarian Registry (RAN). The ejidal assembly is the highest decision-making body within the ejido, composed of all ejidatarios who have the right to speak and vote in the meetings.
Additionally, it is crucial to understand the rights and obligations that come with agrarian status. Ejidatarios and comuneros have rights over the use and enjoyment of ejidal lands, as well as participation in decisions affecting the ejido. However, they also have the obligation to comply with internal rules and regulations, participate in assemblies, and contribute to the development and maintenance of the ejido.
Another important aspect to consider is that agrarian status does not automatically grant the right to sell or alienate ejidal lands. Lands under ejidal regime have restrictions regarding their sale or transfer to third parties, and any transaction must be approved by the ejidal assembly and registered with the RAN. Therefore, legal advice is crucial to avoid legal issues and ensure that all actions are carried out in accordance with the law.
Integration into an ejido or community and obtaining agrarian status is a process that can be complex and requires detailed knowledge of agrarian laws and regulations in Mexico. Having the advice of an expert in agrarian law can facilitate the process and ensure that all procedures are correctly carried out. This guarantees that the rights of all parties involved are respected and promotes the sustainable development of agrarian communities.
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