Buying Ejido Property
By Lic. Gisela Talamantes Saenez
Buying Ejido land remains as one of the greatest business opportunities in Baja CaliforniaSur. It is safe to buy Ejido property as long as the process established by the Agrarian Law is followed. In the past, many prospective buyers of Ejido land have not been made been aware of the legal process needed in transfers of Ejido land to a prospective buyer. Recently the National Agrarian Registry (RAN) issued a statement warning the potential buyers and proprietors, that before any negotiation takes place due diligence needs to be performed checking that the social property has been changed to private property, within the Ejido and through the Ejido Assembly known as "Dominio Pleno" (Full Ownership). The following information should provide the necessary guidelines that must be followed to insure a legal transaction:
First: The Ejido must survey and assign the corresponding parcels of land to each
Ejidatario through an Ejidal Assembly, agreeing to adopt the Dominio Pleno.
Second: Once the Assembly has authorized the disincorporation of the parcels from
the Ejido Eregime, the jidatarios will be able to adopt full ownership of their parcels, and
shall request of the National AgrarianRegistry that such parcels be cancelled or removed
from the National Agrarian Registry. The National Agrairian Registry will then issue title
to the properties and the titles shall be registered at the Public Registry of Property
and Commerce.
Third: Once the cancellation takes place at the National Agrarian Registry, these
parcels will not be part of the Ejido and will then be subject to the civil law. The first sale
will be tax free for the seller and shall close at the appraised value based on the
appraisal issued by a bank or financial institution.
IMPORTANT NOTE; As part of the requirements of the first sale, the following parties have the first right of refusal to acquire the land . In order they are: 1. people who have worked the parcels for more than a year, 2. Ejidatarios who are part of the Ejido, 3. Neighbors of the Ejido and 4. The population of the area in general. This right runs for 30 calendar days from the date the Ejido notified the intention to sell the parcel in question. If said notification is not performed the sale can be void.
Source of information is from: Winter editon of the Eastcapers, December, 2009 and is to be used as a guide only.
For further information on selling and buying Ejido property contact: Lic. Gisela Talamantes Saenez at 612-136-4598 (cell) or by Email at: giselatalamantes@gmail.com