Fideicomiso in Mexico: How the Bank Trust Works for Foreign Buyers

Published October 15, 2026 · By Mexico Property Advisor

Short answer: a fideicomiso is a bank trust. In Mexico's restricted zone, which includes the whole Riviera Maya coast, foreigners cannot hold direct title to land. Instead a Mexican bank holds title as trustee, and you are the beneficiary with the right to use and enjoy the property. It is set up with a permit from the Mexican foreign ministry (SRE) and a public deed signed before a notary.

Do I need a fideicomiso?

Article 27 of the Mexican Constitution says foreigners cannot acquire direct ownership of land within 100 km of the borders or 50 km of the coast. This is called the restricted zone. Playa del Carmen, Tulum, Akumal, Puerto Morelos and the rest of the Riviera Maya are on the coast, so a foreigner buying there normally uses a fideicomiso. Outside the restricted zone it is not required.

Who is who in a fideicomiso

The bank (fiduciaria): the trustee. It holds legal title. Article 11 of the Foreign Investment Law provides for Mexican credit institutions to act as trustee in this type of trust.
You (fideicomisario): the beneficiary. You use, enjoy and benefit from the property.
Substitute beneficiaries: people you name to take your place, for example a spouse or children.
The notary: a Mexican notario público who formalizes the trust in a public deed.

How the process works

You sign the purchase agreement with the seller or developer. This contract is where deposits and deadlines are set, so it deserves a review before you pay anything.
You choose a bank and give it the details of the property and the beneficiaries.
The bank requests the SRE permit. The bank, not you, files it electronically. According to the SRE, it must issue a resolution within five business days of filing.
The trust is signed before a notary in a public deed, and the property is transferred to the bank as trustee.
The deed is registered in the property registry, and you pay the bank's annual fee while the trust is active.

What to check in the trust contract

Term and renewal: the maximum is 50 years. Ask how renewal works.
Fees: setup, annual, and charges for changes such as a sale or a new beneficiary.
Substitute beneficiaries: who they are, and how to change them.
Selling and transfer: what the bank requires when you sell, and how long it takes.
Renting and building: whether the contract allows you to lease the property or make changes to it.
Ending the trust: what happens at the end of the term or if you stop paying fees.

Common mistakes

Paying a large deposit before reading the purchase agreement.
Assuming the developer's bank or notary is the only option. You can usually compare banks.
Not naming substitute beneficiaries.
Treating the fideicomiso as the only check. Title and background checks on the property are a separate step.

Frequently asked questions

Do I own the property if it is in a fideicomiso?

The bank holds legal title as trustee. You are the beneficiary, which gives you the rights described in the trust contract, such as using and enjoying the property. The exact rights are set in your contract, so read it before signing.

Can I sell or leave a fideicomiso property to my heirs?

Generally yes, following the terms of the trust. Beneficiary rights can be transferred when you sell, and you can name substitute beneficiaries who take over if you die. Confirm both points in the contract, along with any bank fees for the change.

How long does a fideicomiso last?

The maximum term is 50 years, according to the Secretaría de Relaciones Exteriores (SRE). Ask the bank how renewal works and put it in writing.

How much does a fideicomiso cost?

Costs vary by bank. Expect a setup fee, an annual fee, notary fees, and the SRE permit fee, which is set under the Ley Federal de Derechos. Ask the bank for its written fee schedule before you choose it.

Do I need a fideicomiso outside the restricted zone?

No. The restriction applies to land within 50 km of the coast and 100 km of the borders. Outside that area, foreigners can generally hold title directly, but the contract and title still need review.

Have a contract in front of you?

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Information, not legal advice. This guide is general and may not reflect recent changes or your specific situation. For legal advice, consult a licensed attorney in Mexico. See our Legal Disclaimer.

Sources: SRE: permit for a fideicomiso in the restricted zone · Ley de Inversión Extranjera, Article 11 · Constitución Política de los Estados Unidos Mexicanos, Article 27.