From the interpretation of Article 84 of the Agrarian Law, it is derived that whoever makes the first transfer of property over which there is fee simple ownership must notify their family members, the persons who have worked the plots of land for more than a year, the ejido members, recognized neighbors, and the ejido, in that order, to respect their right of first refusal, and if they do not do so, the sale could be annulled. THE TIME PERIOD FOR COMPUTING THE STATUTE OF LIMITATION BEGINS UPON THE NOTIFICATION OF THE SALE OF THE PROPERTY. As a result, this article addresses the issue of the statute of limitation over agrarian rights in relation to the scope of the interpretation of said Article 84 of the Agrarian Law.The plenary session on administrative matters of the Third Circuit decided, by majority vote, to contradict thesis 6/2015, subject matter of jurisprudence number 2011704, which is transcribed below:“STATUTE OF LIMITATIONS OF A NULLITY ACTION FOR VIOLATION OF THE AGRARIAN RIGHT OF FIRST REFUSAL. It also establishes that “ if the notification is not made, the sale could be nullified.” It has been debated whether the violation of the right of first refusal involves the absolute or relative nullity of the respective sale.
#Adverse possession laws in mexico series#
It is possible to acquire such lands by complying with a series of requirements, among them, that the owner/seller gives a right of first refusal as required by Article 84 of the Agrarian Law to “… family members of the seller, the persons who have worked the plots of land for more than a year, the ejido members, recognized neighbors, and the ejido…” The Agrarian Law establishes a particular method to notify such interested parties, including notification to an ejido board ( ComisariadoEjidal). In Mexico, lands subject to the social system known as “ejido” occupy more than 50% of the national territory.
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