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Depending on your decision, there are two things that must be done. The first is to pay for the land and transfer title to your name. See the procedure below for how that occurs. It is relatively painless providing you have a passport and a current visa (a tourist visa is fine). The second is to sign a contract for the house construction and arrange a construction schedule. This too is relatively easy to do.

The Procedure

In Oaxaca, as in all of Mexico, there is a procedure that must be followed when purchasing property with one additional step added for foreigners. Note that a foreigner may not own land within 30 km of a border or coast but inland, but they can own land with the same rights and obligations of a Mexican landowner anywhere else in the country.

Step 1: On your first visit to the Notary Public, we begin the process and initiate the process. The land is paid for by the prospective purchaser by this time.

Step 2: The initial paperwork is taken to the Ministry of Exterior Relations (in Oaxaca City) where you must apply for permission to own land in Mexico. You will need the papers provided by the Notary Public and copies of your passport and visa. Permission is obtained once you have paid a processing fee (4070 pesos as of August 2006) and signed an agreement stating that should any dispute arise, you will use the Mexican system rather than appeal to your consulate.

Step 3: Once permission has been obtained, it is back to the Notary Public who will prepare the necessary transfer documents.

Step 4: At this time, it is necessary to visit the Land Office in the town of Etla to pay a land transfer tax (estimated at about 2000 pesos).

Step 5: Upon presentation of the tax receipt to the Notary Public and upon payment of his fee (estimated at 3000 pesos), he will enter the transfer of title into his records and the process is complete. Note that the Notary Public will provide you with an official copy of your land title within 3 months of the completion of this step but that you become the official owner of record as soon as step 5 is complete.