Real Estate Law

Right of Way Easements in Coastal and Rural Properties

March 15, 2026 — Enrique Benet-Gregg

Rights of Way in Coastal and Rural Properties of Quintana Roo

Access to coastal and rural properties in Quintana Roo constitutes one of the most recurring focal points of litigation between private owners, developers, and federal authorities. The overlap of legal regimes, the complexity of maritime-terrestrial public domain, and the historical informality in the constitution of rights of way generate conflicts that require structured analysis before acquiring, developing, or defending a property in the region.

Applicable Regulatory Framework

Rights of way in Mexico are governed, in their general civil dimension, by articles 1057 to 1136 of the Federal Civil Code and their equivalents in the Civil Code of the State of Quintana Roo (articles 977 to 1053), which regulate the constitution, modification, and extinction of servitudes as limited real rights over another’s property. It should be noted that article 1136, which establishes the limitation on acquisitive prescription of discontinuous servitudes, forms part of the chapter on prescription immediately following the servitudes regime proper, so the applicable framework comprises that expanded range of provisions.

In coastal matters, the regime becomes significantly more complex due to the intervention of the General Law on National Assets (LGBN, DOF 2004, last reform 2022). For purposes of regulatory precision, two groups of provisions with distinct functions must be distinguished: articles 7, sections IV, V and VI, which contain the definition of the maritime-terrestrial federal zone (ZOFEMAT) and lands gained from the sea, including the adjoining twenty-meter terrestrial strip; and article 119, which regulates the procedural regime for concessions over such assets. Both references are applicable but should not be treated as a single definitional unit, as they respond to distinct normative objects. It is recommended to verify these citations against the consolidated text of the LGBN in force at the time of consultation.

The National Waters Law is equally relevant when the right of way borders or crosses water bodies under federal jurisdiction, coastal lagoons, or natural watercourses. Federal jurisdiction over these waters is established in articles 3 and 4 of said law, with article 3 being the one containing the definitions of national waters applicable, including the section concerning waters adjacent to coastal properties according to the consolidated text in force. In these cases, passage is not an exclusively civil matter: it requires prior federal concession or permit before any conventional constitution.

Types of Servitudes and Forms of Constitution

Mexican law recognizes three fundamental modalities of constitution. The first is the voluntary modality, by means of an agreement between owners formalized before a notary and registered in the Public Property Registry of the corresponding municipality. The second is the legal modality, imposed by operation of law when a property lacks access to a public thoroughfare, known as forced right of way in accordance with article 1097 of the Federal Civil Code and its Quintana Roo equivalent. The third is the modality by prescription, whose judicial recognition is significantly more difficult given that discontinuous servitudes, such as rights of way, are not susceptible to acquisitive prescription under article 1136 of the same code.

On this latter point, the Collegiate Courts of the XXVII Circuit have applied that criterion consistently when resolving access conflicts in the hotel and ejidal zones of the state. However, it must be noted that said criterion corresponds to reiterated sentences not formally published in the Federal Judicial Gazette, so it does not constitute binding jurisprudence nor a citable isolated thesis with registration number; its value is illustrative of the local jurisdictional trend but cannot be invoked as mandatory precedent under article 217 of the Amparo Law.

For coastal properties, the right of way toward or along the ZOFEMAT cannot be constituted by simple agreement of wills between private parties. Article 29 of the LGBN reserves the administration of those assets to the federation, so any right of transit over that strip must be formalized by means of concession before the General Directorate of Maritime-Terrestrial Federal Zone and Coastal Environments of SEMARNAT, in accordance with the Regulation for the Use and Utilization of Territorial Sea, Navigable Ways, Beaches, Maritime-Terrestrial Federal Zone and Lands Gained from the Sea (published in the DOF, with subsequent modifications in force at the time of consultation).

Environmental Permitting in Coastal Access Projects

An frequently underestimated aspect in the structuring of coastal easements is the federal environmental dimension. When the constitution of the right of way involves the physical construction of access infrastructure, such as earthworks, paving, bridges or fills over wetland or mangrove areas adjacent to the ZOFEMAT, said work is subject to the regime of the General Law on Ecological Balance and Environmental Protection (LGEEPA). Article 28 of the LGEEPA and the Regulations on Environmental Impact Assessment require the obtaining of an Environmental Impact Statement (MIA) before SEMARNAT as a prior condition to the commencement of any work or activity that may affect ecological balance in coastal zones, including areas with the presence of mangrove or wetland vegetation.

It is essential to understand that environmental authorization by means of MIA is a separate and sequential procedure with respect to the ZOFEMAT concession: the federal transit concession does not substitute for or prejudice the resolution of the MIA. In practice, the environmental assessment process tends to be the longest and technically most demanding path. Projects that have obtained their ZOFEMAT concession without previously managing the MIA have faced work suspensions and even revocations, with severe patrimonial consequences for developers. Additionally, in areas with the presence of mangrove, authorization for change of use of forest land may be required in accordance with the General Law on Sustainable Forest Development, a procedure equally within the competence of SEMARNAT.

Access Conflicts: Resolution Routes

When access is disputed between private owners, the ordinary civil procedural avenue before the Courts of First Instance of Quintana Roo allows for requesting recognition or forced constitution of the easement, the determination of its scope and the corresponding indemnification to the servient estate. The First Chamber of the Supreme Court of Justice of the Nation has held that forced easement of way must be limited to access strictly necessary for the exploitation of the dominant estate, without imposing disproportionate burdens on the servient estate. This criterion directly impacts the judicial determination of the width and layout of the passage. In order to ensure the correct invocation of this precedent,

On properties with ejidal origin, frequent in the rural and peri-urban zone of Quintana Roo, the conflict incorporates the jurisdiction of the Unitary Agrarian Courts and the application of the Agrarian Law (articles 76 and 80), especially when easements seek to be formalized over fractions that have not been subject to conversion to full private property. Prior regularization before the National Agrarian Registry is an operational condition before any notarial constitution.

Practical Implications for Investors and Developers

The acquisition of coastal or rural properties without direct access to public roads, or with non-formalized historical accesses, represents a first-order transactional risk. The due diligence must follow a logical order of verification that addresses the nature of each regime involved:

Registral verification of existing easements in the Public Registry of Property of the corresponding municipality, including review of title records to identify easements constituted in prior instruments;
Review of the cadastral situation and delimitation of the ZOFEMAT with respect to the property, including verification of whether federal concessions exist that are current, expired, or in the process of renewal that affect access;
Identification of the regime of origin of the property and of the adjacent properties over which the access runs, distinguishing between private property, ejidal property, and federal public domain assets;
Evaluation of the presence of bodies of water under federal jurisdiction in accordance with articles 3 and 4 of the National Waters Law, coastal lagoons or natural watercourses that may require additional permit or concession for crossing or adjacency;
Determination of whether the projected or existing access route requires construction of infrastructure in areas with the presence of mangrove, wetland or within the ZOFEMAT, which would activate the MIA obligations under article 28 of the LGEEPA.

Additionally, and as an aspect frequently omitted in transaction cost modeling, the tax treatment of the formalization of previously informal easements must be considered. The notarial constitution of a right-of-way easement in exchange for consideration may constitute an act of partial disposition for purposes of Income Tax (ISR), generating a tax obligation for the owner of the servient property based on the gain obtained. For its part, the treatment of Real Property Acquisition Tax (ISAI) varies according to the municipal regulations applicable in the different municipalities of Quintana Roo, with no uniform position existing on whether the constitution of an easement activates the taxable event of this levy. Both matters require specific coordination with specialized tax advisory before closing of the transaction, in order to correctly model the total costs of formalization.

Operational Conclusion

The review of access in a coastal or rural real estate transaction in Quintana Roo must be executed in a precise order: first, confirm the origin regime of the property and of the properties providing passage (private, ejidal, or federal); second, verify in the registry the existence or absence of formalized easements; third, establish whether the projected access involves federal public domain assets and, if so, manage the corresponding concession before SEMARNAT prior to closing; fourth, determine whether the access route requires construction of infrastructure that activates EIA obligations under the LGEEPA, a process that must be initiated with sufficient advance notice given its duration; and fifth, evaluate the tax implications of formalization with specialized tax advisory. Each of these steps has a distinct timeline and authority. Execution out of sequence, or the omission of any of them, is precisely what converts a coastal asset into a long-term contingency. The appropriate time to resolve these matters is before closing, not after.

IBG Legal has represented developers and investors in concession proceedings before the General Directorate of Federal Maritime-Terrestrial Zone and Coastal Environments, as well as in litigation before the Unitary Agrarian Courts in Quintana Roo, accumulating procedural knowledge that goes beyond general regulatory analysis. If your operation involves coastal, ejidal, or federal access in the Riviera Maya or in the northern zone of the state, request an access due diligence review before closing your transaction: it is the most cost-efficient intervention available in this matter.

Sources and References

Legislation

Federal Civil Code, articles 1057 to 1136 (easements, articles 1057 to 1134; prescription of discontinuous easements, article 1136, located in the chapter on prescription immediately following). Last reform published in the relevant DOF for these provisions. It is recommended to verify the numbering in the current consolidated text.
Civil Code of the State of Quintana Roo, articles 977 to 1053. Published in the Official Gazette of the State of Quintana Roo.
General Law on National Assets (DOF 2004, last reform 2022), articles 7 sections IV, V and VI (definition of ZOFEMAT and land reclaimed from the sea), 8, 29 and 119 (concession regime). Verify against the current consolidated text of the LGBN as of the date of consultation.
National Waters Law, articles 3 (definitions of national waters, including waters adjacent to coastal properties) and 4 (federal jurisdiction over water bodies). Last reform: DOF 2020. Note: article 3, section VIII or the applicable section in the current consolidated text, contains the definition of national waters relevant to coastal properties; verify the exact section in the text in force.
Agrarian Law, articles 76 and 80. Last reform: DOF 2020.
General Law on Ecological Equilibrium and Environmental Protection (LGEEPA), article 28 (works and activities subject to environmental impact assessment). Last reform published in the DOF.
Regulations of the LGEEPA on Environmental Impact Assessment. DOF, with its modifications in force as of the date of consultation.
General Law on Sustainable Forest Development, provisions on change of land use in forest lands. Last reform published in the DOF.
Regulations for the Use and Exploitation of Territorial Sea, Navigable Waterways, Beaches, Federal Maritime-Terrestrial Zone and Land Reclaimed from the Sea. DOF, with its modifications in force as of the date of publication.

Jurisprudential Criteria

First Chamber of the Supreme Court of Justice of the Nation: criterion upheld in matters of mandatory easement of way, in the sense that its scope must be limited to access strictly necessary for the rational exploitation of the dominant property, without imposing disproportionate burdens on the servient property. Editorial note:
Collegiate Courts of the XXVII Circuit (Quintana Roo): criterion reiterated in sentences not formally published in the Judicial Weekly of the Federation, in the sense that easements of way, due to their discontinuous character, are not susceptible of acquisition by prescription in accordance with article 1136 of the Federal Civil Code, applicable subsidiarily in the entity. Having not been published as an isolated thesis nor as jurisprudence with a registration number, this criterion has illustrative value of the local jurisdictional trend but does not constitute a binding precedent that may be invoked under the terms of article 217 of the Amparo Act.

Doctrine

Rojina Villegas, Rafael. Mexican Civil Law, Volume IV: Property, Real Rights and Possession. Porrúa, 2007, 8th edition. Note: multiple editions exist with different numbering of commented articles; it is recommended to consult the most recent available edition and compare references with the current legal text.
Galindo Garfias, Ignacio. Civil Law, First Course. Porrúa, 2006, 25th edition. Note: verify updated edition available at the time of consultation.
Acosta Romero, Miguel. Law of National Property. Porrúa, 1999, 2nd edition. Note: classic reference work in the field; its analysis of ZOFEMAT should be supplemented with the text of the LGBN of 2004 and its subsequent reforms, including the 2022 reform.

Official Sources

Official Gazette of the Federation (DOF): publications and legislative reforms cited.
Official Gazette of the State of Quintana Roo: Civil Code of the State.
General Directorate of Federal Maritime-Terrestrial Zone and Coastal Environments, SEMARNAT: procedures for concessions and use of ZOFEMAT; procedures available on the SEMARNAT platform.
General Directorate of Environmental Impact and Risk, SEMARNAT: evaluation procedure for Environmental Impact Statement (MIA) for works in coastal zones.
National Agrarian Registry: procedures for regularization and certification of ejidal rights.
Public Registry of Property of the municipalities of Quintana Roo: registration of voluntary easements.