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Fideicomiso for Foreign Buyers in Cancún, Playa del Carmen and Tulum

A foreigner who buys land or a home within 50 km of the beach in Mexico, which includes Cancún, Playa del Carmen and Tulum, holds it through a fideicomiso: a trust that a Mexican bank sets up before a notary public, with a permit from the Ministry of Foreign Affairs (SRE). The bank holds the title as trustee and you, as beneficiary, keep the right to use it, rent it and benefit from it.

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We do not set up the trust and we are not a law firm. With our team we check the lot before you commit, coordinate with the bank and the notary, and walk you through each step in English. We start with the same official maps the free Terravis lot check uses, because a trust does not fix a lot with problems.

What we do

  • Check the lot before you sign. Mangrove, protected areas, federal beach zone (ZOFEMAT), ejido origin, ecological zoning and urban land use, from official maps; then the registered title and, if needed, a site visit.
  • Review the seller's documents. Registered title, certificate of no liens, property tax and water receipts, and, if the land was ejido, the full-ownership title recorded in the Public Registry.
  • Coordinate with the bank and the notary. You choose the bank (trustee) and the notary public; we help you compare and keep the file moving between them.
  • Explain every document in English and follow up until the trust and the purchase are recorded.

What we do not do

  • We do not set up the trust: the bank does, before a notary public, with the SRE permit.
  • We do not give legal opinions of our own. If your case needs a lawyer, we tell you so before you spend money.
  • We do not promise that a lot can be bought or built on: we tell you what the records and the maps show.

How the fideicomiso works

  • The bank requests the SRE permit to hold the property as trustee (Foreign Investment Law, art. 11). The SRE must answer within 5 business days at its central office or 30 at a state office; if it does not answer in time, the request is deemed approved (art. 14).
  • The notary public grants the deed that creates the trust and transfers the property to the bank, and records it in the Public Registry.
  • The trust lasts up to 50 years and can be renewed at your request (art. 13). The bank charges a setup fee and an annual fee; you can name substitute beneficiaries.
  • For a business, not a home: a Mexican company with foreign partners can own property in the restricted zone directly for non-residential uses, notifying the SRE (art. 10, sect. I). Ask us if that is your case.

What a trust cannot fix

  • Ejido land without full ownership. Common-use land and the house-lot area cannot be sold as private property, and a "transfer of rights" (cesión de derechos) does not make you the owner (Agrarian Law arts. 64, 74 and 80).
  • The federal beach zone. The 20 m strip next to the beach is not private property: it is used under a concession.
  • Mangrove and protected areas. You may hold title and still not be able to build. In Tulum National Park and Isla Contoy, the management program does not allow new private works.

How long it takes

The map check is immediate. The SRE permit has the legal deadlines above; the rest depends on the bank, the notary and how complete the seller's papers are. We give you a calendar for your case when we quote.

Documents

  • Yours: valid passport and proof of address. The bank and the notary also ask for the documents of their identification process.
  • The lot's: registered title deed, current property tax receipt (predial), certificate of no liens and, if it was ejido land, the full-ownership title recorded in the Public Registry.

Cost

We do not publish a fixed price yet: it depends on the lot and on what needs checking. The trust itself has the bank's fees, the SRE permit fee, the notary's fees and the purchase taxes. Tell us about the lot on WhatsApp and we will tell you what it involves before you commit to anything.

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Frequently asked questions

Do I really own the property in a fideicomiso?

The bank holds the title as trustee and you are the beneficiary: you have the right to use it, rent it and benefit from it (Foreign Investment Law, art. 12), you can name substitute beneficiaries, and you can instruct the bank to sell or transfer it.

Can I buy ejido land with a fideicomiso?

Only if the parcel already has full ownership (dominio pleno) and its title is recorded in the Public Registry. Common-use land and the house-lot area cannot be sold as private property, with or without a trust.

Do I need to be a resident of Mexico?

The trust is the way foreigners hold property in the restricted zone; the bank and the notary will tell you which identification documents they need in your case.

Are you lawyers?

No. Terravis is not a law firm and does not give legal opinions of its own. We check the lot with our team and coordinate with the bank and the notary public; if your case needs a lawyer, we say so.

Can I choose my own bank and notary?

Yes. You choose both; we help you compare and keep the process moving.

Guides on this topic

Acts that legally require a notary public (deeds, notarizations) are granted by a Mexican notary public. We prepare the file and follow it through. See all services

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