Originally posted by rjlaszlo
Hola,
Your incorrect about individual ownership of land in an Ejido. "Ther Certificado" is the form of individual ownership which an individual Ejido
memeber holds. The Certificado can only be officially sold or transferred to another Ejido memeber.
The exception to this rule is that any Mexican citizen who decides to buy a Certificado parcel of Ejido land, can petition to become a "Freind of
The Ejido" after 1 year of the purchase. This is not the same thing as a being memeber of the Ejidotaria, and the new "Freind" has no voting
priveledges within the Ejido.
I know of an American citizen, who obtained their Mexican Citizenship, then purchased a Certificado land, then 1 year later, became a freind of the
Ejido! All very legal and above board.
The Ejido member who converted the property from Certificado to Titulo status received approval from the Ejido Members (ejidatarios) for the issuance
of private title, and the seperation from the Ejido.
All Ejido members were offered the right to purchase said property for the mandatory 30 day period (with posting of said notice in the Ejido's
office), at our purchase price.
Also, many individuals who purchase property in Baja (former Ejido land) are not aware that you also need he following:
The refusal of the right to purchase said property for the mandatory 30 day period by The State of Baja, properly formated.
The refusal of the right to purchase said property for the mandatory 30 day period by The Federal Government, properly formated.
A wonderful resource for these formats is available from First American Title Insurance Offices, and their approved Abogado's, who process FA business
in Mexico.
Many individuals actually get the first part right, however they neglect to obtain all three releases. If you have titled property with any Ejido's
involved in the past, you may want to make sure you have all three releases, or it is quite possible that the State or Federal government could
exersize their rights to purchase former Ejido land, even though the Ejidotaria, or it's individual members, can no longer exersize any control over
the property itself.
Your good, I'll grant you that, but the International Division of First American Title Insurance has some real pros working for them.
Thanks for your continued input. Robert
| Quote: | Originally posted by arrowhead
| Quote: | Originally posted by rjlaszlo
Hola,
Property is held in an SAdeCV corporation, CEO is yours truly.
Property has a private title, with First American Title Insurance,
The only way you can issue a posession that will be accepted by the Mexican Government for "Normalization" is with the entire parcel within which the
individual lots are located is free and clear of all encumbrances, and that the majority of the individual lot owners request that this process
proceed. |
That's a nice start Robert, you answered my question #1, and ignored the other eight questions. But you've already said enough for me to figure out
what you have. Let me explain it to you, and the rest, since you seem to have trouble making an elegant explanation of what you have.
You say you have "title". "Titled" ejido land is still ejido land. Ejidos are community land holdings, where nobody owns a specific parcel. Since
1992, ejidos had the ability to divide up their land into individual a parcels. These parcels are "titled" land, but they are still ejido land. That
means they can only be sold to another ejidatario. In order to sell the land to a foreigner, there is an additional process that has to occur to
convert the land to "Domino Pleno." This conversion process to "Domino Pleno" is what requires the approval of the majority of ejidatarios, which you
mentioned above.
So, what you are saying, or really NOT saying, is that the you do not have the right to sell us gringos the land you are advertising. If you are an
ejidatario you can lease it to us, but not sell it to us. In fact, you have no way to guarantee that the ejidatarios would ever approve of changing
the status of the land to "Domino Pleno." By the way, that 10-year maximum lease term for leases in Mexico is different for ejidos. An ejido can lease
it's land for 30 years. |
|
Or was that a typo?
