CieloInmuebles
ESENAdvertise your property
Back

Buying in Baja California from the US or Canada

Last reviewed: · Español

A foreigner buying a home inside the restricted zone of Baja California can do so through a bank trust (fideicomiso), because the Constitution bars foreigners from direct ownership within a strip of 100 km along the borders and 50 km along the beaches. Under the Foreign Investment Law the trust lasts up to 50 years and can be extended. A notario público examines the title and authorizes the deed.

Key facts
FactValueSource and date
Restricted zone (Constitution, art. 27, sec. I)100 km along the borders and 50 km on the beachesCámara de Diputados
data from current text, last reformed DOF 2026-10-07
Direct ownership by foreigners in that stripnot permitted under any circumstancesCámara de Diputados
data from current text, last reformed DOF 2026-10-07
Trust in the restricted zone (Foreign Investment Law, art. 11)requires an SRE permit; the bank is the trusteeCámara de Diputados
data from last reformed DOF 2024-05-27
Term of the trust (art. 13)up to 50 years, extendable at the interested party's requestCámara de Diputados
data from last reformed DOF 2024-05-27
Title examination by the notary (BC Notary Law)must examine the title deed and cite its registration in the Public RegistryGobierno de Baja California (Justia México)
data from last reformed 2018-11-18 (copy consulted)
Authorization of the deedonly once proof is shown that the applicable taxes are paidGobierno de Baja California (Justia México)
data from last reformed 2018-11-18 (copy consulted)
Ejido parcel (Agrarian Law, art. 80)ejidatarios may sell their rights only to other ejidatarios or residents of the same ejidoCámara de Diputados
data from last reformed DOF 2025-11-14
When land stops being ejido land (art. 82)from the cancellation of its registration at the National Agrarian Registry; the title is then registered in the Public RegistryCámara de Diputados
data from last reformed DOF 2025-11-14

1. The restricted zone and the fideicomiso

Article 27 of the Constitution says foreigners may not acquire direct dominion over lands and waters within a strip of one hundred kilometers along the borders and fifty along the beaches. Whether a particular property lies inside that strip depends on its exact location.

For that case the Foreign Investment Law provides for the fideicomiso. It provides that a Mexican bank, with a permit from the Ministry of Foreign Affairs, may act as trustee of real estate in the restricted zone so that the foreign beneficiary can use and enjoy it, and sets a maximum term of fifty years, extendable. The permit and bank fees change every year, so this guide does not print them.

Informational only, not legal advice. This page summarizes what the cited texts say; consult a notario público or an attorney before you decide.

2. The notario authorizes the deed

In Baja California the notarial function is of public order. A notario is a lawyer who holds a license and is invested with public faith. When preparing a deed for real estate, the notario must examine the title deed and cite its registration at the Public Registry, and authorizes it definitively only once proof is shown that the applicable taxes are paid.

3. The ejido caution

Some rural land in Baja California is ejido land, that is, land held by an agrarian community. Under the Agrarian Law, ejidatarios may sell their parcel rights only to other ejidatarios or residents of the same ejido. For a parcel to stop being ejido land, the assembly must allow it and the National Agrarian Registry cancels its registration; from then on the land is governed by ordinary law and its title is registered in the Public Registry.

A current certificate from the Public Registry states whether a property carries liens, and the notario examines the deed. Listings on this site carry no title labels.

4. Who is who in a listing

Every listing on this site names the agency that published it and links to the original. Cielo Inmuebles is not a party to any transaction, does not value property and gives no legal advice. To see the listings of an area, start with the place guides.

Browse Baja California properties →

Frequently asked questions

Can a foreigner buy property in Baja California?

Yes, by a route that depends on location. Inside the restricted zone (100 km of the borders, 50 km of the beaches) a foreigner cannot hold direct dominion; the Foreign Investment Law provides for a bank trust with an SRE permit.

How long does a fideicomiso last?

The Foreign Investment Law sets a maximum of fifty years, extendable at the interested party's request.

What does the notario do?

Examines the title deed, cites its registration in the Public Registry, and authorizes the deed only once the taxes are shown to be paid.

What is ejido land?

Land held by an agrarian community. It stops being ejido land when its registration is cancelled at the National Agrarian Registry and its title moves to the Public Registry; before that, it is not sold as private property.

Related guides

Ensenada: the coast, the city and the gateway to wine country

The port, the coast and the gateway to the Valle de Guadalupe: sourced figures and current listings.

The Valle de Guadalupe: the valley, the climate and the land

Climate, vineyards, the harvest, and what the documents of a parcel in wine country show.

Rosarito and the toll road to Ensenada

The coastal municipality south of Tijuana and the first stretch of the scenic road.

Distances, roads and the border

Distances from Tijuana, the toll road, and where to see the border live.

Sources

This page is general orientation with sources cited. It is not legal or tax advice and not an opinion of value. Confirm every figure with your notario público. Send us a question