What an escritura is

An escritura is the Mexican official deed of real estate ownership. It's a public document drafted and authenticated by a notario público, signed by the parties at closing, and registered in the Public Registry of Property (Registro Público de la Propiedad — RPP) of the state where the property is located.

The two-step legal process

Owning Mexican real estate requires two distinct steps:

  1. Signing the escritura at the notario's office — this makes the transaction legally binding between you and the seller
  2. Registering the escritura in the RPP — this makes your ownership enforceable against third parties (banks, judges, future buyers, government)

Step 1 alone is NOT enough. Until your escritura is registered in RPP, someone else could theoretically register a competing claim and challenge your ownership. The notario handles registration after closing — typically takes 4-12 weeks.

What an escritura contains

Types of escritura

Escritura de compraventa

The most common — formalizes a sale between two parties. This is what you sign when buying a property.

Escritura de donación

For gifts of property (e.g., parents to children). Different tax treatment than sale.

Escritura de cesión de derechos

Used when the seller doesn't have full registered ownership (e.g., they only have a contract). Riskier — verify carefully with notario.

Escritura de adjudicación por herencia

For inherited property. Requires prior succession proceedings.

Escritura de fideicomiso

For foreign buyers in restricted zone. The bank is registered as title holder, you as beneficiary.

What to verify on your escritura before signing

  1. Your name spelled exactly correctly matching your ID/passport
  2. Property description matches what you're buying (m², colindancias, address)
  3. Purchase price matches what you agreed
  4. ISAI is calculated on the correct value (highest among operation, cadastral, appraisal)
  5. "Libre de gravamen" statement (free of liens) is included with certificate date
  6. RPP folio real or antecedente registral is listed correctly
  7. Seller's exemption claim (if any) for ISR is documented properly

What to do after closing

  1. Keep the original escritura in a secure location (safe deposit box, fireproof safe)
  2. Wait for the RPP registration confirmation (4-12 weeks) — the notario sends it
  3. Update predial registration at municipal tesorería with the new owner's info
  4. Transfer utilities (CFE, water, gas) to your name
  5. If applicable, register with the condominium administration

What if you lose the escritura

You can request a "copia certificada" (certified copy) from:

Cost: $200-$500 MXN. Takes 2-15 days. The certified copy has the same legal value as the original.

Common problems with escrituras

  1. Unregistered escritura. Some sellers have signed escrituras that never reached RPP. They have a piece of paper but no real legal protection. Verify RPP registration before considering them owners.
  2. Escritura with errors. Wrong square meters, wrong boundaries, name misspelled. Correction requires "escritura rectificatoria" — small additional cost but takes time.
  3. Sale-of-rights escritura passing as sale. Some operations use "cesión de derechos" instead of "compraventa" because the seller doesn't have full title. Riskier — make sure notario verified the chain back to full title.
  4. Old escrituras with handwritten corrections. Property handed down over generations may have multiple addenda. Have a notario review carefully before purchasing.

Related terms