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Journal · Buying · Legal

How a fideicomiso works, in plain terms

The bank trust that lets foreign buyers hold coastal property in Mexico. Costs, timelines, and what to check before signing.

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Playa Los Cerritos, inside the restricted coastal zone
Playa Los Cerritos, inside the restricted coastal zonePhoto: Adam Jones · Wikimedia · CC BY-SA 2.0
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Buying · Legal

This article is general information, not legal advice. Fees and timelines change; confirm current figures with a Mexican notary or attorney before you sign anything.

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Why it exists

Mexico's Constitution reserves a strip of land for Mexican nationals: everything within 50 km of the coast and 100 km of an international border. Todos Santos, El Pescadero and Cerritos all sit inside it. A foreigner cannot hold direct title there, so since 1973 the law offers a workaround: the fideicomiso, a bank trust.

What it actually is

A Mexican bank holds the legal title as trustee. You are the beneficiary, with every practical right of an owner: you live in the house, rent it, remodel it, sell it, leave it to your heirs. The bank cannot act on the property without your instruction. It is not a lease and it is not shared ownership; the property is yours in everything but the name on the deed.

How long it lasts

A trust runs for 50 years and is renewable for further 50-year periods. In practice it works like permanent ownership as long as the annual fee is paid. When you sell, the buyer can take over your trust or open a new one; when you die, the substitute beneficiaries you named in the trust receive the property without a Mexican probate.

What it costs

  • Government permit (SRE). A one-time fee to the Ministry of Foreign Affairs, roughly 21,600 pesos (about US$1,200) at the time of writing, for the full 50-year term.
  • Bank setup. Typically US$500 to US$1,000 to open the trust.
  • Annual bank fee. Around US$450 to US$800 a year, depending on the bank and the property value.
  • Closing costs. Notary, acquisition tax, appraisal and registration together usually come to 5 to 10% of the price. In Baja California Sur the acquisition tax is set by the state; the notary quotes it before closing.

How long it takes

From offer to a registered trust, plan on 2 to 12 weeks. The permit and the bank's due diligence are the slow parts; a clean title and a responsive seller make it faster.

What to check before signing

  • Title. Ask for the current deed (escritura) and a certificate of freedom from liens (certificado de libertad de gravamen) from the Public Registry in La Paz.
  • Ejido land. Some land around Todos Santos was communal ejido land. It can only be bought if it has been fully privatized (dominio pleno). If the seller cannot show that, walk away.
  • Water and access. Confirm the well concession or municipal connection, and that the road to the lot is legally an access, not a neighbor's courtesy.
  • Taxes and services. Ask for paid receipts of predial (property tax), water and electricity.
  • Who you pay. Funds should go to the notary or a bank escrow, never directly to a seller or agent before closing.

The alternative: a Mexican corporation

If the property is for business (rentals, a hotel, development), a Mexican company can hold direct title in the restricted zone. It costs more to run each year, with accounting and tax filings, so for a home it is rarely the better route.

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