Legal Question in Real Estate Law in Mexico

Re: Residing in Mexico

Dear Sir:

On my web site you will find sundry articles (under "Real Estate") which should go part of the way to answer your questions.

Also, you normally will have one bite of the cherry in bringing in your personal furniture and effects as "menaje de casa" once you have finished construction.

PLEASE double check the title to ensure that it is not ejidal or campesino land as this will create problems that are almost impossible to resolve once the error is made.

Any specific points please do not hesitate to contact me through my web site.

Best of luck!

Robin Hammond

Re: Residing in Mexico

Dear Sir,

Article 27 of the Mexican States Constitution and articles 10-14 of the Foreign Investment Law (Ley de Inversi�n Extranjera) provide that foreigners can acquire real property unless it is situated within 100 kilometers of state lines (along the border) or 50 kilometers along the coastal lines. There is a list of cities under this constraint published in the Federal Official Gazette by INEGI, and we can tell you right now that most of the cities in Baja California fall within such category. If that is your case, you could buy such real estate by a trust (fideicomiso) which entitles you to possession rights equivalent to those of ownership rights.

To start any type of construction on said property you would need an approval by city officials and inspectors, following guidelines of the State Building Law (Ley de Edificaciones del Estado) and City Construction Manuals.

Also, it is possible to bring property to Mexico provided that you are a foreigner and have legal residency status in Mexico, and the property being transferred comprises only personal belongings for resident purposes among others specifically provided. Regulations are provided under articles 89-91 of the Manual for Customs Law (Reglamento de la Ley Aduanera). If you have any further questions feel free to ask.