6. Private Property (Propiedad Privada): The Safest Way to Buy Real Estate in Mexico

[Ciro Antonio Martínez Morales]

By now, we’ve explored fideicomisos, Mexican corporations, and the risks of ejido land.
Now let’s talk about the gold standard in Mexican real estate:
✅ Propiedad Privada — fully titled private property.

This is what every serious investor should aim for when entering the Mexican market.
But let’s go beyond just calling it "secure." Let me explain why it's considered the safest route — and how to know you're actually buying it.

🧱 What Is Propiedad Privada?

In simple terms, it means the property has been legally privatized, titled, and recorded in the Public Registry of Property (Registro Público de la Propiedad).

This means:

• The seller has legal ownership backed by official records

• The property can be freely sold, transferred, or inherited

• It's recognized by the government and protected under civil law

Unlike ejido land (which may still be in communal or uncertain status), propiedad privada guarantees legal ownership rights to whoever is listed as the titleholder — including foreigners, if done properly.

🌎 Can Foreigners Own This Type of Property?

Yes, and they often do.

• If it's located outside the Restricted Zone, you can buy it directly under your name.

• If it’s within the Restricted Zone, you can still buy it — but it must go through a fideicomiso (bank trust) unless done via a properly structured Mexican company.

The key is: It must already be private property before you buy. Never assume land is private — always verify the title.

🔍 How Do I Know I’m Buying Propiedad Privada?

Ask for the following:

1. Title document (escritura pública)

2. Proof of registration in the Public Registry of Property

3. Property tax receipts (showing the correct name and lot number)

4. A notario’s verification — more on that in an upcoming post

Also ask your lawyer or advisor to confirm that:

• There are no disputes or legal claims on the title

• The land use (zoning) allows your intended use (residential, rental, development, etc.)

💡 Real-Life Example

Let’s say you’re buying a condo in Tulum from a reputable developer. They offer full ownership, and the property is inside a gated community.

Before sending money or signing anything, ask to see:

• The master deed (escritura madre) of the development

• Proof that the individual unit has a subdivision title

• That the land was not originally ejido or that it has been legally regularized

Many buyers skip this and assume "everything is taken care of." Don’t.

⚠️ Common Mistake to Avoid

Some properties are advertised as "ready to title" or “soon to be titled.” That’s a red flag.
If it’s not currently titled and registered — you’re not buying propiedad privada yet. You’re buying a promise.

Always wait until the title is clean, legal, and transferable.

Bottom Line?
If you're investing for long-term security, rental income, or resale potential — go for titled private property.
It gives you the highest level of legal protection, resale value, and peace of mind.

✅ Fully registered
✅ Legally transferable
✅ Safeguarded by law

Next up, I’ll show you how to protect your investment even further: title insurance and due diligence.

Got questions about how to verify title or spot red flags? Drop them below 👇