Buying in Mexico
The fideicomiso, explained
A fideicomiso is a trust agreement that you establish with a Mexican bank to hold title of the property with you. You and the bank are both named in the title documents. The bank has a fiduciary responsibility to represent your interest in the property.
It is not a lease, and you are not renting from the bank. You are the beneficiary, with the rights below.
What it gives you
- It gives you the rights and the vehicle to hold title to the property in perpetuity.
- It is a 50-year trust agreement, renewable every 50 years by you or your heirs.
- You can transfer your rights in the fideicomiso to a foreign buyer.
- You may rent, sell, remodel or dismantle the improvements on the property.
- Your heirs may inherit the rights, effectively by-passing probate, should you depart without a proper will.
- There are tax advantages pertaining to capital gains taxes when you sell.
- It is easy to maintain by paying the annual fee to the bank.
The limits, stated plainly
A trust covers 2,000 m² or less; above that you request a permiso. Generally it is one property per trust, though two adjoining lots can sometimes share one.
If the title papers and dimensions are not perfect, the bank will not issue the fideicomiso. That is worth knowing early, because it is also a good test of whether a property’s paperwork is genuinely in order.
It is maintained by paying a small annual fee to the bank.
Last reviewed 9 August 2026. General practice in Yucatán, not legal advice.