Things you need to know when buying a Communal Land
We will help you with some important points to know when acquiring your communal land
TERRENOS COMUNALESCOMMUNAL LAND
Daniel Campos
10/3/20241 min read
On the Oaxacan coast, communal lands are subject to a specific legal regime that safeguards the rights of indigenous communities. These lands are collectively owned and managed for the benefit of all community members. Mexico's Agrarian Law imposes strict rules regarding the sale of these lands.
What Are Communal Lands?
Communal lands belong to an indigenous community and are intended for their collective use. The Agrarian Law protects these spaces to ensure their management is conducted in accordance with regulations and that the community's rights are respected.
Can Communal Land Be Sold?
Generally, the sale of communal lands is regulated and is a somewhat intricate process. To carry out a sale, it is necessary to meet certain legal requirements, which include:
Community Consent: The transaction must be approved by the community's general assembly. This approval is obtained through a vote that must reach a consensus among the majority of members.
Official Authorization: The Agrarian Attorney's Office must review and authorize the sale to ensure compliance with legal regulations and that it does not harm the community.
Key Steps in the Process:
Land Inspection: It is essential to conduct a review of the land with the community representative. This inspection helps confirm the condition, location, and characteristics of the land.
Title of Possession: A title of possession for the land must be obtained, issued by the communal commissioner. This document is vital to demonstrate the legitimacy of possession and the ability to proceed with the sale.
Our Support in the Process:
We understand that the procedure can be complicated. We will assist you in managing all necessary aspects, from the land review to obtaining the title of possession. Our team will coordinate with community representatives and the relevant authorities to ensure everything is done legally and effectively. Consider the costs of documentation as 0.6% of the land's value for the land inspection and 3% for the title of possession..
