One of the first questions we get from buyers in the US and Canada is some version of the same thing: can I actually own property in Mexico?

The answer is yes. Fully, legally, and with the same rights as any Mexican citizen to use, rent, sell, or pass your property to your heirs.

The process is different from what you are used to at home. But different does not mean complicated. It means knowing which path is right for you before you start.

Why the Restricted Zone Exists

Mexico's constitution restricts direct foreign ownership of land within 50 kilometers of the coastline and 100 kilometers of international borders. This area is known as the Restricted Zone, and Tulum falls squarely within it.

This does not mean foreigners cannot own property here. It means the ownership structure is different. There are two legal pathways available to foreign buyers, and both are fully recognized and protected under Mexican law.

The Two Pathways to Ownership

Fideicomiso (Bank Trust)

The fideicomiso is the most common structure for foreign buyers purchasing a personal residence, vacation home, or retirement property in Mexico.

Here is how it works: a regulated Mexican bank holds the title to your property on your behalf. You are the beneficiary of the trust, which means you hold all ownership rights. You can use the property, rent it, sell it, or pass it to your heirs exactly as you would with direct ownership. The bank simply acts as the legal title holder to satisfy the constitutional requirement.

The fideicomiso is a 50-year trust, renewable for another 50 years. It is legally secure, government-regulated, and used by thousands of American and Canadian buyers every year.

What to budget for:
Annual trust maintenance fee between $500 and $1,000 USD, plus a one-time setup fee that varies depending on the bank.

Mexican Entity Incorporation

The second pathway is forming a 100% foreign-owned Mexican corporation that holds the property title directly. This structure is best suited for buyers pursuing commercial investment, vacation rental businesses, or multi-property portfolios.

The advantages are significant for the right profile: direct title ownership, no annual trust fees, and tax deductions on eligible business expenses. The tradeoff is that it requires ongoing accounting, monthly and annual tax filings, and more complex inheritance planning. A certified Mexican accountant is not optional with this structure.

If you are buying one property for personal use or vacation rental income, the fideicomiso is almost always the simpler and more practical choice. If you are building a portfolio or operating a rental business, the corporate structure may make more financial sense over time.

What Closing Costs Look Like

Beyond the purchase price, buyers should budget for one-time closing costs that typically fall between 4% and 7% of the purchase price. Here is what makes up that number:

Transfer and acquisition tax runs between 2% and 4% of the purchase price. Notary fees run between 0.5% and 2%. Registration fees add another 0.5% to 1.5%. And the appraisal and survey are typically a fixed fee that varies by property.

These costs are paid at closing and are standard across all real estate transactions in Mexico. They are not negotiable in the way that some buyers expect, but they are predictable enough that you can plan for them from the start.

What to Do Before You Sign Anything

The legal structure is only one part of the equation. Before committing to a purchase, there are a few things that matter as much as any paperwork:

Verify the title. Not every property in Tulum has a clean title. A full title search through a qualified notary is not optional.

Understand the developer's track record. Pre-construction purchases carry more risk than completed properties. Knowing who built what, whether they delivered on time, and whether previous buyers are satisfied is essential due diligence that most buyers skip.

Know your zone. Tulum is not one market. La Veleta, Aldea Zama, Región 10, and the coastal zone each have different rental profiles, appreciation trajectories, and buyer types. Buying in the wrong zone for your objective is one of the most common and most avoidable mistakes we see.

How NAM Guides the Process

From selecting the right ownership structure to closing, the NAM team walks alongside buyers through every step of the acquisition process. That means connecting you with the right legal and notarial team, making sure the title is clean before any money moves, and ensuring that what you sign reflects exactly what you agreed to.

Owning property in Tulum is not complicated. It just requires the right local knowledge and the right people in your corner.

If you are ready to explore what ownership in Tulum looks like for your specific situation, reach out on WhatsApp or through the link below. We are happy to start the conversation.