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Can you get an allodial title in Mexico?

Published in Property Law 3 mins read

No, you cannot get an allodial title in Mexico.

Allodial title is a legal concept rooted in common law systems, which are found in countries like the United States and the United Kingdom. It represents a form of absolute ownership of land, free from any superior landlord or feudal obligations, often associated with concepts like adverse possession.

Understanding Allodial Title and its Absence in Mexico

Mexico operates under a civil law system, specifically one derived from Roman law. This fundamental difference in legal frameworks means that concepts like "allodial title" do not have a direct or comparable equivalent within Mexican property law.

Mexican property ownership is typically registered and based on a system of titles derived from a chain of recorded transactions. While the idea of absolute ownership exists, it is not termed "allodial" because the underlying historical and jurisprudential traditions are distinct from those that gave rise to allodial title in common law jurisdictions.

Acquiring Property Rights by Occupation in Mexico

Despite the absence of allodial title, Mexico's civil law system does recognize methods by which individuals can acquire legal title to property through long-term occupation, similar in principle to what adverse possession achieves in common law. These mechanisms are often referred to as prescriptive acquisition or usucapión.

There are typically two main types of occupying property for a period of time to obtain title in Mexico:

  1. Ordinary Prescriptive Acquisition (Usucapión Ordinaria): This usually applies when a person has been in good faith possession of a property, with a just title (even if defective), publicly, peacefully, and continuously for a specified period (e.g., 5 years for real estate).
  2. Extraordinary Prescriptive Acquisition (Usucapión Extraordinaria): This applies when a person has been in possession of a property, even in bad faith or without a just title, but the possession has been public, peaceful, and continuous for a longer specified period (e.g., 10 years for real estate).

These processes culminate in obtaining a legal title that can be registered, but they are not termed "allodial" titles. The table below highlights the key differences between the common law concept of allodial title and property acquisition in Mexico:

Feature Allodial Title (Common Law Concept) Property Acquisition by Occupation (Mexico - Civil Law)
Legal System Basis Common Law (e.g., USA, UK) Civil Law (Roman Law - e.g., Mexico)
Historical Origin Feudal land tenure, absolute ownership Roman law principles (usucapión)
Concept of Ownership Absolute ownership, free from superior Ownership acquired through continuous, public possession
Associated Mechanism Often linked to adverse possession Various forms of prescriptive acquisition
Availability in Mexico No direct equivalent exists Yes, various forms exist for acquiring title

In summary, while you cannot obtain an allodial title in Mexico due to its civil law heritage, the legal system provides specific pathways for individuals to gain legal ownership of property through continuous and specified occupation.