Article 27 of Mexico’s Constitution sets out a restricted zone: 100 kilometers (62 miles) along the borders and 50 kilometers (31 miles) along the coasts. Inside it, a foreigner cannot hold direct title to real estate. Rosarito—and practically the entire Baja California peninsula—falls within it.
What a fideicomiso is
It is a contract under which a Mexican bank (the trustee) appears as the titleholder in the Public Registry, and you (the beneficiary) hold all rights of use and enjoyment. It is authorized by Mexico’s Ministry of Foreign Affairs.
What you can do with your property
- Use it, build on it and remodel.
- Rent it out.
- Sell it and keep the proceeds.
- Pass it on, by naming substitute beneficiaries.
How long it lasts
Up to 50 years, renewable for equal periods.
Who doesn’t need one
- Mexican citizens by birth or naturalization, wherever they live.
- Dual citizens, who buy as Mexicans.
Costs
There is a setup cost (permit, bank fees and notary fees) and an annual bank fee. Amounts vary by institution—ask for a quote before you sign.
One tip
A fideicomiso is formalized before a notary public. In Mexico a notary is an attorney with public authority who reviews the deal: your best safeguard.
This page explains general rules and is not legal or tax advice. Before you sign, consult a Mexican notary public or attorney.
