With NAFTA, the Mexican government recognized the need for safer foreign investments in Mexico. As the Mexican Constitution prohibits non-Mexicans from purchasing real estate within 60 miles of the U.S. border or 30 miles of the coast, a secure method of holding title was created—through a fideicomiso or property trust. This allows non-Mexicans ownership through a trust agreement similar to an estate trust in the U.S., granting the Purchaser full ownership rights.
In order to gain ownership, Mexico’s Department of Foreign Affairs issues a permit to a Mexican bank, allowing it to act as the Purchaser’s Trustee. The Purchaser remains the Beneficiary of the trust, with the right to use, occupy, lease, or sell the property.