REAL ESTATE LAW
Real Estate Law is a branch of law that regulates all legal matters related to real estate, such as land, buildings, houses and other properties.
Purpose of real estate law
Real estate law regulates the rules and legal relationships related to real estate, i.e., land, buildings, homes, and any type of fixed property. Its purpose is to establish clear rules for the ownership, use, transfer, and exploitation of these assets. Among the main areas it covers are:
- Ownership: Rights and obligations of owners over their real estate.
- Sale and lease: Rules for the transfer of real estate and rental contracts.
- Mortgages: Regulation of loans secured by real estate.
- Deeds and registration: Procedures for the formalization and registration of properties with the authorities.
- Usufruct and easements: Rights of use and enjoyment of third-party real estate.
- Property disputes: Resolution of disputes related to titles, boundaries, and possession of real estate.
Real Estate Law Services
Advice on the purchase, sale, exchange, and leasing of real estate.
Drafting and review of contracts for sale, lease, usufruct, loan for use, and assignment of rights.
Advice on the establishment of real estate and development trusts.
Management of property regularization procedures and resolution of ownership disputes.
Processing of property registration and records before the Public Property Registry or Registry Institutes.
Consulting services for the acquisition and development of real estate projects (residential, commercial, industrial).
Resolution of real estate disputes and defense in lawsuits related to property, possession, and easements.
Analysis and advice on compliance with urban planning and construction regulations.
Management of building permits, licenses, and land use authorizations.
Advice on the establishment of communities, co-ownership, and condominiums.
Legal defense in eviction proceedings and recovery of real estate.
Advice on legislation and regulations regarding housing and tenants' rights.
Conflict resolution in condominiums and co-owners' rights.
Characteristics of real estate law
Real estate law is a branch of law that regulates activities related to real estate, such as its acquisition, use, and transfer. Its main characteristics are:
Heritage character
It regulates the legal relations related to real estate, considering its economic value and its role in the patrimony of individuals.
Specialization
Although it is part of civil law, it has specific rules due to the complexity and particularity of real estate transactions.
Public and private order regulations
Includes public regulations, such as those related to property registration, and private regulations, such as sales, lease, or mortgage contracts.
Formality
Many of its provisions require that legal acts be executed in writing and, in some cases, that they be registered with competent authorities, such as the Public Property Registry.
Protection of third parties
Guarantees legal certainty in real estate transactions through registry publicity, in order to inform third parties about the legal status of real estate.
Dynamism
It adapts to changes in the real estate market and to social needs related to access to housing and urban development.
Interrelation with other branches of law
It has links with fiscal law (real estate taxes), administrative law (urban planning regulations) and environmental law (sustainable use of land).
Areas of application where we can find real estate law
It ensures that property rights are always backed by law, preventing conflicts and ensuring clear and fair treatment, which is why it can be found in the following areas.
- Property ownership and possession: Establishes the rules for acquiring, maintaining, and transferring real estate ownership.
- Real estate sales: Regulates sales contracts, ensuring the legality of transactions.
- Leases: Addresses rental contracts for both residential and commercial properties.
- Mortgages and financing: Regulates mortgage loans and other forms of financing for the acquisition of real estate.
- Construction and urban development: Covers rules related to the development of buildings, urban developments, and their use in accordance with plans and regulations.
- Zoning and land use: Defines how land can be used according to local regulations, whether for residential, commercial, or industrial purposes.
- Legal certainty: Establishes property registration to protect legal owners of real estate from third parties.
- Conflict resolution: Intervenes in disputes over boundaries, possession, easements, and other issues related to real estate.
- Environmental protection: Ensures that real estate projects comply with environmental and sustainability regulations.
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Frequently asked questions about real estate law
- Federal Civil Code.
- Public Property Registry Law.
- Housing Law.
- General Law of National Assets.
- Foreign Investment Law.
Ownership: Legal right to an asset.
Possession: Physical control of an asset, without necessarily owning it.
Be of legal age, legal capacity and be up to date with taxes.
If you are a foreigner, comply with the Foreign Investment Law in restricted zones.
Public deed before a notary public.
Official identification and CURP.
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