LEGAL CONSULTANCY IN AGRARIAN LAW (EJIDO)
We provide specialized advice in agrarian law with a preventive approach offering our clients specialized, innovative, creative and effective solutions regarding the various legal issues upon which we can advise.
REAL ESTATE CONSULTATION IN AGRARIAN LAW
Research, representation, management and solutions in the event of acquisition, sales, transfer of rights, assignment, lease, loan, development and any other legal act in ejido or communal real estate, said services consisting OF:
● "DUE DILIGENCE": Investigation and documentary review of legal background and legal status of ejidal or communal properties that our clients intend to acquire, legal assessment of the technical and legal feasibility of their investments in order to minimize risks and to have legal certainty about the acquisitions and allocation of titles.
● Representation before ejidal authorities.
● Alienation of ejidal or communal properties.
● Design and drafting of all types of contracts in agrarian issues for the use of ejidal and communal properties and its natural resources.
● Search of ejidal and communal real estate for production, tourist, industrial, housing, forestry, agricultural and livestock development.
REGULARIZATION OF EJIDAL AND COMMUNAL LAND
● Procurement of tile and regularization of ejido, communal and rustic land, through different municipal, state and federal public programs. (READ MORE / GOVERNMENT PROGRAMS TO REGULATE AND HOLD EXTERNAL / COMMUNAL / RUSTIC LAND).
● Obtaining full domain of ejido land with the purpose of the disincorporation of ejido or communal land to be transformed into `pequeña propiedad´ property and eventually into private land. (READ MORE / BRIEF DESCRIPTION OF THE FULL DOMAIN).
● Disincorporation and subdivision of ejido land for `proyectos productivos´, tourism, housing, energy and industrial developments.
● Procurement of national lands’ titles.
● Allocation of title of disincorporated real estate.
● Notary paperwork and procedures.
● FANAR: Program for the Regularization and Registration of Agrarian Legal Acts (RRAJA) "FANAR 2016" is a voluntary and free program, which provides legal certainty and documentary security to families living in agrarian centers through the regularization and certification of land under their legitimate possession. For more information see the following link (http://www.gob.mx/ran/acciones-y-programas/fondo-de-apoyo-para-los-nucleos-agrarios-sin-regularizar-fanar),
● Assembly agreement for the regularization of possession of the land before the National Agrarian Registry.
● Application for the regularization of lands designated by Mexican Law as; national lands, vacant land or land that complies with articles 158 and 161 of the agrarian law. Procedures before the General Government Secretary of the the State of Jalisco.
● Program of Regularization of Rustic Properties of `pequeña propiedad´: Throughout an administrative procedure, any Mexican national individual who claims ownership and who has the possessory interest, which has been executed in a peaceful, continuous and public way, may be entitled to obtain the entitlement and it’s registration before the public registry of the property and municipal cadastre. For more information, consult the following link:http://info.jalisco.gob.mx/gobierno/programas/10576
We advise our clients performing all kinds of procedures tending to the regularization and the entitlement of ejido and communal land, national lands and rustic properties in accordance with the AGRARIAN LAW, ORGANIC LAW OF THE AGRARIAN COURTS, REGULATIONS OF THE AGRARIAN LAW WITH REGARDS THE CERTIFICATION OF EFFECTIVE RIGHTS AND TITLE OF BADLAND, as well as the decrees and State and Federal programs and their regulations of each federative entity.READ MORE / (Obtaining full ownership of ejidal properties with the purpose of disincorporation of ejido or communal land and their transformation to small property or private property)
● Lands for human settlement. They integrate the necessary area for the development of community life of the ejido. They are made up of the land on which the urbanized zone and the legal estate are located.
● Lands of common use. They constitute the economic sustenance of the community life of the ejido. They represent that area that has not been specially reserved by the assembly for human settlement or plots.
● Parceled land On these, the ejido member individually or several ejido members as a whole, have the right to exploit, use and usufruct the land. It is the power of the Assembly to identify and delimit these three types of land. All ejidos do not necessarily have all of the three types of land; there are some that do not have a human settlement area, there are those that do not have parceled lands and others only have plots. Rights on plots It corresponds to the ejido members the right of exploit, use and usufruct their plots. These rights will be accredited through the parcel certificates. In the event that these are are in the process of being issued, accreditation can be granted by the certificates of agrarian rights issued under the previous legislation rules. The ejido members can also adopt full domain of their plots, in other words, they can acquire ownership over their plots, which will no longer be subject to the ejido regime but rather to the regime of private property governed by common law. Adoption of full domain With regard to the possible acquisition of full domain of the parcels, it is necessary to highlight:
•The authorization for the adoption of full domain of the parcels is optional for each ejido Assembly; that is, it is not a forced act for ejido members.
•The acquisition of full domain of ejido plots is the decision of each Ejido Member, known in Mexican Law as `ejidatario´.
•In any case, the strict observance of a procedure established in the Agrarian Law is required.
•First of all, it is essential that the parcels on which it is intended to adopt full domain have been delimited and assigned in terms of Article 56 of the Agrarian Law. Procedures and legal effects of the adoption of full domain After adopting the corresponding agreement by the Assembly, the interested ejido members may, at the moment they deem it pertinent, assume full domain over their plots, in which case they will request that the National Agrarian Registry:
•Unsubscribe your parcel certificates,
•Issue the corresponding deed, and
•Register it in the Public Registry of Property of the locality in question. After the cancellation of the corresponding registration in the National Agrarian Registry, the land will cease to be ejido and will be subject to the provisions of common law. The ejido member who has acquired full domain of his plot will continue to be a member of the agrarian population nucleus, unless he does not retain rights over another ejido plot or over lands of common use; if this is the case, the Ejido Commissary must notify the separation of the ejido member to the National Agrarian Registry. For the alienation of plots on which full domain was adopted:
● In the cases of first sale (sale) of parcels in which the full domain has been adopted, members will have the right of first refusal; that is, preference to buy them will be granted in the following order; the family members of the seller (seller), the people who have worked these plots for more than a year, the ejido members, the residents and the agrarian ejido population nucleus.
● The Ejidal Commissary and the Ejido Supervisory Board will be responsible for verifying compliance with the proper notification to other members. This can be done to the Ejidal Commissariat -with the participation of two witnesses or public notary- and will have effects for those who can exercise the right of first refusal.
● The Ejidal Commissary - under its strict responsibility - must publish immediately, in the most visible places of the ejido, the list of assets or rights that will be alienated.
● In the event that simultaneous exercises of the right of parties with with equal positions are presented, the Ejidal Commissary, before a notary public, will draw a raffle to determine to whom the preference corresponds.
● It must be foreseen that if the lands on which the full domain is adopted are located in the declared reserve areas for the growth of a population center, in accordance with the urban-municipal development plans, the transferor (seller) must respect - in addition- the preferential right that the General Law of Human Settlements grants to the governments of the states and municipalities for their acquisition.
● In addition, if the lands on which full domain is adopted are within the state or municipal urban development plans or programs, their holders or acquirers must abide by the laws, regulations and plans in force regarding human settlements.
● The first sale (sale) of parcels from which the full domain has been adopted to people outside of the agrarian population (ejido), will be free of payment of taxes or federal rights for the seller (seller) and must be done -at least- at the price of reference established by the National Assets Appraisal Commission or other credit institution.
CONSULTING TO AGRICULTURAL AND COMMERCIAL CORPORATIONS IN THEIR PRODUCTIVE PROJECTS
● Constitution of all types of productive corporations with mainly agricultural, aquacultural, livestock and forestry corporate purpose, that carry out projects in the field and modifications of corporate bylaws and structural changes of agricultural societies.
● Agrarian law for corporations. (READ MORE)
● Drafting and elaboration of contracts in agrarian issues.
● Legal consulting for the association of individuals with ejidol or communal population centers for the sustainable use of the natural resources of the ejido population centers.
● Constitution of all types of agricultural and rural partnerships aimed at the sustainable exploitation of natural resources.
● Elaboration of all types of contracts in agrarian issues.
● Comprehensive legal advice, representation and constitution of companies, rural associations of collective interest, rural production companies, corporations and civil partnerships, owners, lessees and commodatum of ejidal, communal, agricultural, livestock and forestry properties.
PROCEEDINGS BEFORE AGRARIAN AND ENVIRONMENTAL AUTHORITIES
We realize and represent our clients before all type of authorities in agrarian issues and before the regulatory authorities and executors of the normativity in environmental matters.
● Procedures before the National Agrarian Registry for its acronym (RAN) (READ MORE / ALL THE TRANQUES OF THE RAN).
● Procedures before the Secretariat of Territorial and Urban Agrarian Development by its acronym ("SEDATU").
● Procedures before the Agrarian Attorney General Office.
● Procedures before the Secretary of agriculture, Livestock, Rural Development, Fishery and Food by its acronym ("SAGARPA").
● Procedures before the Secretary of Environment and Natural Resources ("SEMARNAT").
● Procedures before the National Water Commission ("CONAGUA")(READ MORE / ALL THE PROCESSES OF THE CONAGUA).
● Procedures in agrary registration: where the subjects to the procedures are the ejido and/or communities
● Actions that create, modify or extinguish individual rights
● Issues for organizational figures
● Representation bodies, contracts, regulations and statutes
● Technical services.
● Administrative and jurisdictional resolutions.
● Complementary administrative procedures
● Agreement of Assembly of the Delimitation, Destination and Assignment of the Ejido or Communal Lands and its inscription.
● Alienation of Parcel Rights or Common Land. Registration and its inscription.
● Certificates of Registration and Validity of Rights. Expedition
● Transmission of Rights by Succession. Inscription.
● Adoption of the Full Domain of ejido land. Issuance of Property Title
● Registration notes. Rectification.
● Agreement of Assembly of Recognition of Avecindados (Ejido and Community). Inscription.
● Agreement of Assembly of Election or Removal of the Organs of Representation of the Ejido or Community. Inscription.
● Concession for the use of underground water.
● Permission to discharge wastewater.
● Administrative modification of concession of use of national water and / or wastewater discharge permits
● Technical modifications of concession titles and / or wastewater discharge permits.
● Extension of concession titles, assignment and / or discharge of wastewater.
● Authorization for the Transmission of Titles and their Registration.
● Concession for the occupation of federal lands whose administration corresponds to the National Water Commission.
● Concession for the extraction of materials.
● Water quality certificate.
● Notice to vary totally, or partially, the use of water.
● Notice to use wastewater by a third party other than the concessionary.
● Notice of suspension of operation of the wastewater treatment system.
● Notice to request the interruption of the expiration of water rights related to unused water volumes.
● Notice of discharge of wastewater in localities that lack a sewerage and sanitation system.
LITIGATION AND SETTLEMENT OF DISPUTES IN AGRARIAN MATTERS
Legal and specialized assistance in mediations, arbitrations and litigation under federal jurisdiction, as well as the protection of the rights and patrimony of our clients. We cover the areas related to disputes between individuals as well as with government agencies in agrarian matters.
● Litigation in agrarian matters.
● Processing and representation in agrarian lawsuits before the Unitary Agrarian Courts. (READ MORE).
● Processing of appeals for review before the Superior Agrarian Court. (READ MORE).
● Processing for the exercise of the legal action of infringement of fundamental rights (amparo) in Agrarian law.
● Disputes over land boundaries between two or more ejido or communal population centers, and with `pequeña propiedad´, partnerships or associations.
● The restitution of lands, forests and waters of the `nucleo ejidal´ or their members, in response to acts of administrative or jurisdictional authorities, cases out of trial, or individual actions.
● The recognition of the communal regime.
● Annulment trials against resolutions issued by the agrarian authorities that alter, modify or extinguish a right or determine the existence of an obligation.
● Conflicts related to the possession of ejidol and communal lands.
● Disputes in agrarian matters between ejido and community members, possessors or neighbors; as well as those that arise between them and the organization of the `nucleo ejidal´.
● Controversies regarding the succession of ejido and communal rights.
● Omissions incurred by the Agrarian Prosecutor and that prejudice ejido members, community members, successors of ejido members or community members, ejidos, communities, small landowners, residents or agricultural laborers, in order to provide what is necessary to be effective and immediately remedied.
● Business of voluntary jurisdiction in agrarian matters; and disputes relating to contracts for the association or use of ejido lands, referred to in Article 45 of the Agrarian Law.
● Nullity action of agrarian resolutions and minutes of assembly.
● The execution of the agreements and arbitration awards in agrarian matters.
EXPERT SERVICES IN AGRARIAN MATTERS
Professional assistance and provision of technical measurement services and delimitation of land, and help to give legal certainty over land tenure.
● Expert opinions on agrarian matters.
● Topographical surveys, in order to locate limits, metes and boundaries, determine and locate a land and measurement of a property.
● Location of ejidal or communal properties.
● Technical opinions