Buying property in Baja California Sur as an American or Canadian
Buying in Baja California Sur follows a set order: check the land and the title first, choose how you will hold it (usually a bank trust), then close before a public notario and record the deed. These are the steps, in order.
The steps, in order
- Build your team and your due-diligence plan
Hiring your own professionals before you make an offer. - Is it communal land (ejido) or private property?
Finding out whether the land is private property (propiedad privada, recorded at the state public registry, the RPPC) or ejido land (tierra ejidal, a communal agrarian regime recorded at… - Title search (estudio de títulos / búsqueda registral)
A review of the chain of ownership, any annotations, and the seller's right to sell, done from the RPPC folio (the folio real, the registry's file for the property). - No-lien certificate (certificado de libertad de gravámenes)
An official RPPC certificate stating whether the property has mortgages, liens, embargoes or lawsuit annotations. - Scams and red flags
The common ways buyers lose money in BCS. - Confirm the restricted zone applies
Under Mexico's Constitution (art. 27), foreigners can't hold direct title to land within 50 km of the coast or 100 km of a border. - Bank trust or Mexican company: choosing how to hold title
In the restricted zone (within 50 km of the coast, which covers nearly all of BCS), foreigners hold residential property through a bank trust (fideicomiso). A Mexican company with foreign… - The public notario (notario público)
A state-appointed lawyer who drafts and certifies the deed, verifies identities, calculates and collects taxes, and sends the deed to be recorded. - Offer and promise to purchase (contrato de promesa de compraventa)
The written agreement that sets the price, deposit, closing date, conditions (title, permits, zoning) and who pays which costs. - Escrow
A neutral escrow company (often US-based or cross-border) that holds your deposit and the balance until the deed is signed. - Total closing costs
All buyer costs paid at closing. - Sign the deed (escritura)
Signing the public deed in which the seller transfers the property to the bank as trustee for your benefit, and the trust contract is formalized. - Record the deed at the public registry (RPPC)
The notario records the deed at the Registro Público de la Propiedad y del Comercio of BCS, on the property's folio real.
Common questions
Can a foreigner own property in Baja California Sur?
Yes. In the restricted zone, which covers nearly all of BCS, you hold residential property through a bank trust (fideicomiso) as beneficiary, with rights to use, rent, sell and bequeath it.
Should I use a Mexican company instead of a trust?
A company is meant for business use and has monthly accounting and tax filings. For a personal home, most buyers use a trust. Compare both with an attorney and an accountant.
What is ejido land?
Land granted to a community (ejido) under agrarian law. Foreigners can't hold ejido rights. It must first become private property through dominio pleno and be recorded at the public registry.
How do I know if a lot is ejido?
Ask for the title and the public registry record, and check the RAN's PHINA database. An attorney should confirm the full chain.
Is a 'cesión de derechos' on ejido land safe?
No, for a foreign buyer it isn't ownership. Wait until the land has dominio pleno, the RAN registration is cancelled, and a private title is recorded.
What does a notario do?
A notario público is a senior lawyer appointed by the state who drafts the deed, checks the title, calculates and collects taxes, and records the sale. It's not the same as a US notary.