Glossary of Mexican Property Law Terms

Introduction

This glossary defines key terms in Mexican property law, reflecting the distinctive features of the Mexican property system, including the constitutional framework of state ownership, social property (ejidos), and private property rights.

Key Terms

Propiedad Originaria: Original ownership. The principle (Article 27 of the Constitution) that the nation holds original and direct ownership of all land and natural resources within national territory. Private property is derived from the nation’s original ownership.

Concesión: Concession. An administrative act granting a private party the right to use, exploit, or occupy state-owned property or natural resources for a specific purpose and duration.

Usufructo: Usufruct. The right to use and enjoy another person’s property and receive its fruits or profits, without altering its substance. May be established by contract, will, or law.

Servidumbre: Servitude or easement. A right to use another person’s property for a specific purpose, such as access, drainage, or utilities.

Ejido: A form of social property created by the post-revolutionary land reform. Ejido lands are collectively owned by the ejido community (ejidatarios) but may be used individually for agricultural purposes. Ejido property may be converted to private ownership through procedures established by the Agrarian Law.

Comunidad: Indigenous community lands. Lands traditionally held and managed by indigenous communities under their own customs and norms. Recognized and protected by Article 2 of the Constitution.

Sociedad Conyugal: Marital property community. A property regime in which spouses jointly own the assets acquired during marriage, subject to division upon divorce.

Separación de Bienes: Separation of property. A marital property regime in which each spouse retains independent ownership of their assets.

Dominio Pleno: Full ownership. The complete bundle of property rights, including the rights to use, enjoy, dispose, and recover the property.

Inmatriculación: First registration. The initial registration of real property in the Public Registry of Property, establishing title and enabling subsequent transactions.

Registro Público de la Propiedad: Public Registry of Property. The state-administered registry where property ownership, encumbrances, and transactions are recorded for publicity and legal effect.

Hipoteca: Mortgage. A security interest in real property granted to secure a debt or obligation. Must be registered in the Public Registry to be enforceable against third parties.