Landscape and Ocean View Protection

By Jorge M. Conde, Esq.

The Municipality of Los Cabos has an extension of 119 miles of coastline between the Migriño area (at the Pacific Ocean) and the Buena Vista area (at the Gulf of California).

With approximately 15,000 hotel rooms and 2,500 more currently under development, Los Cabos is one of the tourist sites most preferred by visitors to Mexico by foreign tourist and also at the national level. This nature sanctuary has stunning natural landscapes and impressive biodiversity that combines the ocean and the desert like few places in the world, as well as offering unsurpassed weather conditions irresistible to the visitors.

Despite the benefits that provide the protection of landscape in environmental, social and economic levels, the growth of the local economy is accelerating the transformation of various landscapes, in some cases degrading, with the corresponding consequences to the community. Therefore, the landscape has become an important element of protection embraced in the human right to a healthy environment, health, culture and identity.

What to expect when buying real estate in Baja

By Jorge M. Conde, Esq.

Mexican real estate transactions are not carried out in the same manner as United States real estate transactions.

The Mexican Federal Constitution declares that foreigners are not allowed to hold direct title to real estate property within the restricted zone. The restricted zone encompasses all land located within 50 kilometers (about 31 miles) of any Mexican coastline inland and 100 kilometers (about 62 miles) of any border. We are talking about most of the territory of Baja California and Baja California Sur. This limitation comes from historical reasons of military protection.

Nonetheless, under Mexican law, Foreigners are entitled to acquire real estate property within the restricted zone through a “Fideicomiso”. Fideicomiso is a Mexican type of contract. There are three main parties involved in the Fideicomiso for real estate acquisitions for foreigners: (i) The seller, which is called: “Fideicomitente”; (ii) a Mexican Bank, called “Fiduciario”; and (iii) the foreigner purchaser called: “Fideicomisario” or beneficiary.