Ejidos and communities represent land in Mexico that is under a social property regime. This means that the land does not belong to a private person, but is used by and for the community. For this reason, the sale of ejido lands to individuals is not legal in Mexico, since these lands are intended to be used and exploited by the members of the ejido.
Although it is not possible to enter into sales contracts for ejido lands, there is the possibility of acquiring them through a process of conversion to private property. To do so, it is necessary for the ejidatario to request it before the ejido assembly. If the application is approved, the registration will be made in the National Agrarian Registry and once it is qualified positively, it can be carry out the procedures before said registry institution so that the property title is issued.
It is important to highlight that the acquisition of ejido lands without the applicable legal considerations can have serious consequences. The law establishes that said alienations are void, which means that people who acquire these lands without respecting the social property regime may lose them, as well as the investments made in them.
In summary, it is important to take into account that ejido and communal lands in Mexico are under a social property regime. Therefore, any sale of this type of land is void from a legal point of view. If you wish to acquire ejidal or communal property in Mexico, it is necessary to follow the legal process of conversion to private property. In this way, the legality and protection of the acquired property is guaranteed.
Posted by Odilisa Gutiérrez Mendoza & Asociados' Team.
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