BajaNomad

Can an american buy land anywhere in Baja?

neilm81301 - 2-11-2013 at 10:17 AM

That is, buy outright, without the fideocomisa(sp?)? I seem to recall a minimum distance (50K?) from the border & coast - is that right?

Thanks,

Neil

bajacalifornian - 2-11-2013 at 10:28 AM

Two ways:

1) By way of a your Mexican Corporation, your partner in the corp a Mexican

2) By way of your own Mexician Citizenship.

Gaucho - 2-11-2013 at 10:30 AM

Quote:
Originally posted by neilm81301
That is, buy outright, without the fideocomisa(sp?)? I seem to recall a minimum distance (50K?) from the border & coast - is that right?

Thanks,

Neil


In Baja, no. Mainland Mexico, yes.

durrelllrobert - 2-11-2013 at 10:36 AM

I think there is one small area south of Rumorosa that meets the distance requirments.

Wally - 2-11-2013 at 10:53 AM

From a real estate broker's website.

"With the advent of the North American Free Trade Agreement (NAFTA), the Mexican government recognized that it was crucial to make foreign investment in Mexico safer and easier for non-Mexicans. Because the Mexican Constitution prohibits non-Mexicans from purchasing or owning real estate within 60 miles of the U.S. international border, or within 30 miles of the Mexican coast, an innovative and secure method of holding title was created. This method allows non-Mexicans ownership through a Mexican property trust called a Fideicomiso. This is a trust agreement, much like an estate trust in the U.S., which gives the Purchaser all of the rights of ownership."



.

mtgoat666 - 2-11-2013 at 12:16 PM

Quote:
Originally posted by Wally
From a real estate broker's website.

"With the advent of the North American Free Trade Agreement (NAFTA), the Mexican government recognized that it was crucial to make foreign investment in Mexico safer and easier for non-Mexicans. Because the Mexican Constitution prohibits non-Mexicans from purchasing or owning real estate within 60 miles of the U.S. international border, or within 30 miles of the Mexican coast, an innovative and secure method of holding title was created. This method allows non-Mexicans ownership through a Mexican property trust called a Fideicomiso. This is a trust agreement, much like an estate trust in the U.S., which gives the Purchaser all of the rights of ownership."

.


if you like living in mountains, a fair amount of land that is >30 mi from coast.... in the wider parts of the peninsula...

DENNIS - 2-11-2013 at 12:30 PM

Quote:
Originally posted by Gaucho
In Baja, no. Mainland Mexico, yes.


Actually, there is one small area out near Valle de Trinidad, BCN, that is free and clear of the restricted zone. This is, of course, meaningless, but nonetheless, true.

DENNIS - 2-11-2013 at 12:35 PM

Quote:
Originally posted by durrelllrobert
I think there is one small area south of Rumorosa that meets the distance requirments.



ooops....I didn't see this, but you're right.

Skeet/Loreto - 2-11-2013 at 01:09 PM

I lived in Baja Sur off and one for 30 years. Formed a Mesican corp. and included my Home in the Corp. Also bought and sold 18 Properties there all under the Corp.
I would encourage anyone who is going to buy and kive in Baja Sur to contact Miguel Isqurida Vivamonte in La Paz and seek his advice.
I had no troubles at all .

Skeet

'High country' along Hwy 3

neilm81301 - 2-11-2013 at 02:43 PM

S.E. of Ensenada might make the 60 & 30 mile test.... but maybe the Corp. is the best solution.

Just brainstorming for now, can't afford anything in Cal.

Neil

Bob and Susan - 2-11-2013 at 05:51 PM

buying with a corporation is only legal if you conduct business

with a business you need a tax id number
you need to file tax reports monthly and a yearly one
you need to have permission to work in mexico attached to your visa

you cannot just buy a house with a corp to "skeert" the fido laws

this is a big investment you could lose
the old days are just that...the old days

Skeet/Loreto - 2-11-2013 at 06:06 PM

Bob and Susan I am sure there has been changes since I lived in Loreto.

Contacting Muguel at La Paz is a necessity and he will treat you well.

BajaDanD - 2-11-2013 at 06:31 PM

I think I'll just rent

CortezBlue - 2-11-2013 at 07:01 PM

Quote:
Originally posted by Bob and Susan
buying with a corporation is only legal if you conduct business

with a business you need a tax id number
you need to file tax reports monthly and a yearly one
you need to have permission to work in mexico attached to your visa

you cannot just buy a house with a corp to "skeert" the fido laws

this is a big investment you could lose
the old days are just that...the old days



I agree. When I bought my property several years ago, during the boom, there were several attorneys trying to convince me to setup a corporation. However, as you say, unless you have a corporation that is actually doing business in Mexico, I would not mess with a corporation. Fide's or Fidi's are a bit expensive up front, but not having to file quarterly tax records with the Mexican IRS will add up over time.

I am actually thinking about getting my citizenship in Mexico in order to get a fee simple ownership of our house, but then what will my son do when I croak? He will have to put the property into a Fidi again.:?:

Gaucho - 2-11-2013 at 08:18 PM

Quote:
Originally posted by DENNIS
Quote:
Originally posted by Gaucho
In Baja, no. Mainland Mexico, yes.


Actually, there is one small area out near Valle de Trinidad, BCN, that is free and clear of the restricted zone. This is, of course, meaningless, but nonetheless, true.


I stand corrected! Just curious, are there foreigners who have purchased land there?

Maderita - 2-11-2013 at 11:37 PM

The info which I see most often is this:

Article 27 of the Constitution, which states that “foreigners cannot own property within 100 kilometers (60 miles) of the border and 50 kilometers (30 miles) of the coastline.”

Adjust those rounded mileage numbers to:
100 km = 62.137 miles
50 km = 31.069 miles

To say "south of La Rumorosa" is misleading. La Rumorosa is only a very few miles outh of the border. The Valle Trinidad area sounds about right.

DENNIS - 2-12-2013 at 08:01 AM

Quote:
Originally posted by Maderita
The Valle Trinidad area sounds about right.



It is right, although that's no place to even drive through. Fifteen years ago, Federal Police were being sent here from DF and put up in hotels in Ensenada. Each morning they would suit up and head out to Trinidad Valley for battles with the drug growers. This was long before the cartel street crap became an issue, but just about the time that Mexico started seeing the hand writing on the wall.
Trinidad valley is still a growing zone and the rest is history.

larryC - 2-12-2013 at 08:17 AM

I met one person who owns land outright in Baja. He said his land was up in the mountains near the observatory in the san pedro martir. Angel Saad, notario # 4 in Ensenada helped him with his purchase.
Larry

Heather - 2-12-2013 at 08:38 PM

The land we have is in my husband's name, he is a Mexican citizen. My eldest daughter is the benificiary and she has both US and Mexican citizenship...