Property Law in Mexico

mexico property-law Jul 6, 2026 416 words 3 min read

Introduction

Mexican property law is characterized by a distinctive constitutional framework that establishes the nation’s original ownership of land and natural resources while recognizing private, social, and public property forms. Article 27 of the Constitution is the cornerstone of property law, declaring that the nation holds direct and inalienable ownership of all land and natural resources within national territory. Private property is a derivation of this original state ownership.

Constitutional Framework

Article 27 establishes that the nation may transfer ownership of land to private persons, creating private property. The state retains the authority to regulate property use in the public interest and to expropriate property for public purposes with compensation. The Constitution recognizes three forms of property: private property (propiedad privada), social property (propiedad social — ejidos and communal lands), and public property (propiedad pública — state-owned assets).

Private Property

Private property is governed by the Federal Civil Code and state civil codes. The right to private property includes: the right to use, enjoy, dispose, and recover property. Private property may be acquired through: purchase, inheritance, gift, adverse possession (prescripción adquisitiva), and accession. The Civil Code establishes rules on co-ownership, horizontal property (condominiums), and property boundaries.

Social property is a distinctive feature of Mexican land tenure, created by post-revolutionary land reform. Ejidos are collectively owned agricultural lands granted to communities of peasants (ejidatarios). Ejido lands may be used individually by ejidatarios but are subject to collective governance by the ejido assembly. Communal lands (comunidades) are lands traditionally held by indigenous communities. The Agrarian Law governs the administration, use, and conversion of social property.

Concessions

The state may grant concessions for the use and exploitation of state-owned resources, including: mining concessions (under the Mining Law); water concessions (under the National Water Law); telecommunications spectrum concessions (under the LFTR); and port concessions. Concessions are administrative acts granting temporary rights subject to conditions and state regulation.

Intellectual Property

Intellectual property is a distinct form of property governed by the Federal Law for the Protection of Industrial Property and the Federal Copyright Law. Industrial property rights (patents, trademarks, utility models, industrial designs) are granted by the IMPI. Copyright arises automatically upon creation. Intellectual property rights are subject to constitutional protections against expropriation and infringement.

Conclusion

Mexican property law reflects a complex interplay between constitutional principles of state ownership, private property rights, and social property forms. The legal framework accommodates diverse forms of property while maintaining the state’s regulatory authority over land use and natural resources.

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mexico property-law real-property ejido concessions intellectual-property