Agrarian law attorneys in Mexico

Agrarian law derives from Article 27 of the Constitution and governs the social ownership of land in Mexico: the ejidos and communities, which cover more than half of the national territory. It is a matter of federal competence, governed by the Agrarian Law (Ley Agraria) of 1992 and its regulations, which recognize three types of land within the agrarian nucleus: common-use land, parceled land, and human-settlement land, each with different rules of use and transfer.

The agrarian subjects are the ejidatario, the comunero, the avecindado (resident), and the posesionario (possessor). Their rights are evidenced by parcel certificates, certificates of rights over common-use land, or lot titles, issued through the National Agrarian Registry (Registro Agrario Nacional, RAN). The supreme body of the ejido is the assembly, whose decisions, such as the delimitation and allocation of land, the adoption of full ownership (dominio pleno), or the disposal of land, must meet strict formalities of notice and quorum to be valid; many conflicts arise from irregular assemblies.

Agrarian disputes are resolved before the Unitary Agrarian Courts (Tribunales Unitarios Agrarios, TUA), federal jurisdictional bodies, and on appeal before the Superior Agrarian Court, with the possibility of amparo. The most common cases are the succession of agrarian rights, the nullity of assembly acts and resolutions, disputes over boundaries and possession of parcels, the deprivation and reallocation of rights, and controversies between ejidos or between the ejido and third parties. The Agrarian Attorney's Office (Procuraduria Agraria) provides free advice and representation, and acts as conciliator.

An agrarian lawyer is essential to regularize tenure, process the succession list, defend the parcel against invaders or dispossession, challenge flawed assemblies, and accompany the conversion to full ownership when the ejidatario wishes to bring their land into the private property regime.

Governing laws agrarian law

• Constitución Política (artículo 27)
• Ley Agraria
• Reglamento de la Ley Agraria en materia de certificación de derechos ejidales y titulación de solares
• Reglamento Interior del Registro Agrario Nacional
• Ley Orgánica de los Tribunales Agrarios
• Código Federal de Procedimientos Civiles (supletorio)

Process and timelines

The dispute may begin with conciliation before the Agrarian Attorney's Office. If not resolved, a claim is filed before the Unitary Agrarian Court with jurisdiction based on the location of the nucleus; a statutory hearing is held where the answer is given, conciliation is attempted, evidence is offered and taken, and judgment is issued. The case usually lasts from several months to more than a year. Against the judgment lies direct amparo. The succession of agrarian rights is processed according to the list of successors deposited with the RAN or, failing that, before the TUA.

Documents usually required

• Parcel certificate, common-use rights certificate, or lot title
• Ejidatario or comunero credential and certificate from the commissariat
• Assembly minutes and attendance list related to the dispute
• List of succession deposited with the National Agrarian Registry
• Birth, marriage, and death certificates for successions
• Internal map of the ejido or community and boundary-survey work
• RAN certificates and registrations

How much does it cost?

The Agrarian Attorney's Office offers free advice and representation for low-income subjects, and the agrarian trial before the TUA incurs no court costs. A private lawyer charges fees according to the complexity of the matter (succession, nullity of assembly, boundary dispute), and the technical boundary-survey or topographic-appraisal work is paid separately. Be careful: be wary of anyone who offers to 'sell' or 'transfer' ejidal rights without going through the assembly, full ownership, or the RAN, as such acts are usually void.

When do you need this lawyer?

You need an agrarian lawyer if you are an ejidatario or comunero and want to secure your succession, if your possession of your parcel is disputed, if an assembly was held without notice or quorum and affects your rights, or if you seek to convert your parcel to full ownership. Also in cases of dispossession and invasions, boundary disputes between ejidos, controversies with the ejidal commissariat, or when a third party seeks a contract over social land. The Agrarian Attorney's Office is a first free avenue of advice.

Red flags when hiring

• They offer to buy or sell an ejidal parcel 'with a private document' without an assembly or full ownership
• The assembly that affects you had no notice, quorum, or duly registered minutes
• Your parcel is invaded or fenced off and the commissariat does not act
• You left no succession list and there are several heirs in conflict
• A facilitator charges to 'regularize' rights before the RAN with forged documents
• A developer seeks to urbanize common-use land without the nucleus's authorization