Foreigners can legally buy land in Tulum through a fideicomiso: a renewable 50-year bank trust that grants full ownership rights — use, rent, sell, inherit, build. It is not a lease. The structure has existed since Mexico's 1973 foreign investment framework, and it is how virtually every foreign-owned property on the Riviera Maya is held.
This guide explains what the trust actually is, what it costs, how it is created at closing, and the myths that still scare buyers away. We write it from the developer side, openly: at Selvadentro, many of our buyers are foreign, and every one of them closes through this exact structure.
Why do foreigners need a fideicomiso in Tulum?
Mexico's Constitution restricts direct foreign ownership of land inside the "restricted zone": within 50 km of any coastline and 100 km of international borders. All of Tulum sits inside the coastal band.
Rather than exclude foreign buyers, Mexico built a legal bridge. The fideicomiso was introduced in 1973 and consolidated under the 1993 Foreign Investment Law. A Mexican bank holds legal title as trustee; you, the buyer, are the beneficiary — with every practical right of an owner.
What is a fideicomiso — and what is it not?
A fideicomiso is a bank trust created specifically for your property. The bank is a fiduciary: it holds title on your behalf and can act only on your instructions. It cannot occupy, mortgage, or sell your land.
As beneficiary, you hold the full bundle of ownership rights:
- Use and occupy the property indefinitely.
- Build and remodel — subject to the development's rules, not the bank's. At Selvadentro that means 35% maximum lot coverage and two levels plus roof deck.
- Rent it out and keep all the income.
- Sell to any buyer, foreign or Mexican, whenever you choose — and keep the gains.
- Inherit: you name substitute beneficiaries in the trust itself, so the property passes to your heirs without Mexican probate.
What a fideicomiso is not: a lease, a timeshare, a concession, or shared ownership with the bank. You are not renting your land from anyone.
How long does a fideicomiso last?
The term is 50 years, renewable indefinitely. Renewal is an administrative filing with the trustee bank, not a renegotiation of your rights, and it can be done before the term ends. When you sell, the buyer either steps into the existing trust or creates a new one at their closing.
How is the fideicomiso set up at closing?
You do not need to arrange the trust before you find a property. It is created as part of the closing itself, coordinated by the notario público — a state-appointed legal official with far broader duties than a US notary.
- You sign the purchase agreement with the seller or developer.
- A permit for the trust is requested from the Secretaría de Relaciones Exteriores (SRE).
- A Mexican bank is appointed as trustee.
- The notario drafts the escritura (deed) that creates the trust and transfers the property into it.
- All parties sign before the notario; taxes and fees are paid at that moment.
- The notario registers the deed at the Registro Público de la Propiedad.
How much does a fideicomiso cost?
Real cost of ownership in the Riviera Maya, in typical ranges:
| Item | Typical cost | When |
|---|---|---|
| Closing costs (ISABI acquisition tax, notary, registry) | 6–8% of purchase price | At closing |
| Fideicomiso setup (SRE permit + bank fees) | One-time fee quoted by the trustee bank, in addition to closing costs | At closing |
| Bank annuity | $500–700 USD per year | Annually |
| HOA at Selvadentro | ~5 MXN per m² per month, plus a trust reserve for long-term maintenance | Monthly |
Budget the closing percentage on top of the land price from the start. It is not a hidden cost — it is simply how property transfers work in Mexico, for nationals and foreigners alike.
Fideicomiso or Mexican corporation: which one do you need?
A Mexican corporation can hold restricted-zone property directly, without a trust. It fits buyers running a genuine business — multiple properties, commercial operations — and it brings accounting and filing obligations that never stop.
For a personal lot, a family home, or a single property you may rent out, the fideicomiso is simpler, cheaper to maintain, and the standard path. Most individual buyers never need the corporate route.
What does the buying process look like, step by step?
| Step | What happens |
|---|---|
| 1. Reserve the lot | A deposit takes the lot off the market |
| 2. Purchase agreement | Price, payment plan, delivery terms, and penalties in writing |
| 3. Due diligence | Verify permits, the developer's record, and the public registry — here is how |
| 4. SRE permit + trust | The notario and trustee bank prepare the fideicomiso |
| 5. Closing | Escritura signed before the notario; taxes and fees paid |
| 6. Registration | Deed recorded at the Registro Público de la Propiedad |
| 7. Ownership | You pay the bank annuity yearly and HOA monthly |
Common myths about the fideicomiso, debunked
- "It's a 99-year lease." It is not a lease of any length. You hold beneficial ownership; the trust term is 50 years and renews.
- "After 50 years you lose the property." The term renews by filing. Nothing reverts to the bank or the state.
- "The bank can sell or use your land." The trustee acts only on your written instructions. That is the legal core of a fiduciary.
- "Your heirs will lose it." Substitute beneficiaries named in the trust inherit directly, without probate.
- "You can't sell until the trust expires." You can sell at any time, to anyone, at market price.
- "It only works for condos." It holds raw land and houses just as well — our buyers use it for 400 m² to 1,673 m² jungle lots.
Where Selvadentro fits
At Selvadentro, our lots sit on Tulum's jungle side, on the Ruta de los Cenotes, with nine cenotes inside the project and 65% of the jungle preserved. Lots start at $68,000 USD; our price per m² went from $119 USD at launch in May 2025 to $167 USD today, and we offer a 48-month interest-free plan directly as developers. Foreign buyers close through a fideicomiso, exactly as described above — our team and the notario handle the setup as part of closing.
If you are weighing a purchase, start with current availability, read how we document legal compliance, and see what the numbers look like as an investment. Questions we hear most often are answered in the FAQ. No pressure — the structure has worked since 1973, and it will still work when you are ready.