Investing in prime coastal real estate in Mexico as a foreigner often raises questions about ownership security. This page explains the established and secure legal mechanism used: the Fideicomiso.
The Legal Context: The 'Restricted Zone'
Mexican law designates areas within 50 kilometers of the coast and 100 kilometers of borders as the 'restricted zone'. Direct ownership of land within this zone by foreigners is constitutionally restricted. However, a secure and well-established legal framework exists to facilitate foreign investment here.
The Fideicomiso: Your Secure Path to Ownership
The standard, legally required mechanism for foreigners to hold property rights in the restricted zone, including Tulum, is through a Fideicomiso – essentially a bank trust.
How it Works:
- The Trustee: An authorized Mexican bank acts as the trustee, holding the legal title to the property.
- The Beneficiary: You, the foreign investor, are designated as the beneficiary of the trust.
- Your Rights: As the beneficiary, you have full rights to use, occupy, lease, build upon, improve, sell, and bequeath the property, just like a direct owner.
- Duration & Renewal: The trust has an initial term of 50 years and is indefinitely renewable for subsequent 50-year periods, ensuring long-term security.
- Setup Process: Involves selecting an authorized bank, obtaining a permit from Mexico's Ministry of Foreign Affairs (SRE), and paying associated setup and annual fees.
Benefits for Investors
The Fideicomiso system is:
- Secure: Provides legally sound protection for your ownership rights.
- Legal & Mandatory: It is the established, required pathway for foreign ownership in restricted zones. Attempting to bypass it is extremely risky.
- Comprehensive Rights: Grants you essentially all the practical rights of direct ownership.
Kan Tulum Support
Our team and recommended legal partners are experienced in guiding international buyers smoothly through the Fideicomiso setup process as part of your purchase journey.
Rest assured, the Fideicomiso provides a robust and secure legal foundation for your investment in Kan Tulum.