Buyer’s guide · concessions · Mexican mining law
How to buy a gold mine in Mexico
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- How to Buy a Gold Mine in Mexico
Buying a mine in Mexico is a well-trodden path — the country has been one of the world’s leading silver producers for five centuries and hosts operations from the largest global miners down to family-held producers. But the system differs from the U.S. and Canada in ways that trip up first-time buyers. This guide, written by the team marketing the Charay gold–silver project in Sinaloa, covers what actually matters.
This is general information, not legal advice. Engage Mexican mining counsel before transacting.
1. Concessions, not claims
Mexico does not use the U.S. claim-staking system. Mineral rights are granted by the federal government as mining concessions (concesiones mineras) — registered titles conferring the right to explore and exploit minerals within defined coordinates, recorded in the Public Registry of Mining. Concessions are property-like rights: they can be sold, optioned, mortgaged and inherited, and transfers take effect against third parties once registered. If you see “gold mining claims for sale” in Mexico, the seller means concessions.
Two vintages now coexist. Titles granted before the 2023 mining-law reform were issued for 50-year terms; the reform cut new concessions to 30 years, awarded by public tender, with tighter water and consultation requirements. In practice this made existing long-dated titles more valuable — they are no longer being minted. (The three Charay concessions, titled 1991–2004 and running to 2041–2054, are exactly this vintage.)
2. Can foreigners own mines in Mexico?
Yes. Concessions must be held by Mexican citizens or Mexican-incorporated companies, but Mexican companies may be up to 100% foreign-owned under the Foreign Investment Law. The standard structure is a Mexican S.A. de C.V. (or S. de R.L. de C.V.) subsidiary holding the concessions — the same structure every Canadian and American producer in Mexico uses. The coastal/border “restricted zone” rules that complicate residential real estate do not prevent this corporate route for mining.
3. Surface is separate from minerals
A concession grants mineral rights, not surface ownership. Surface may be private land or ejido (communal agrarian) land, and access is secured through occupation, easement or lease agreements — with the individual owner, or via ejido assembly procedures. Diligence any target’s surface agreements as carefully as its titles: a drilled deposit without settled surface access is a lawsuit, not a mine. (At Charay, surface relationships have been maintained by the owning family for over three decades — see the property page.)
4. The due diligence checklist
- Title: certified registry extracts; concession coordinates against the official mining cartography; no overlaps, liens or cancellation proceedings.
- Good standing: semiannual duty payments (derechos) and annual assessment-work filings (comprobación de obras) current.
- Surface: written, registered access agreements; ejido resolutions where applicable.
- Environmental: permit history (environmental impact authorizations, land-use change where relevant), open obligations, closure liabilities.
- Water: CONAGUA concession or the path to one.
- Explosives: blasting permits run through the defense ministry (SEDENA) via a licensed distributor — a critical-path item for any restart schedule.
- Tax: Mexico levies a special mining duty on mining profits plus an extraordinary duty on precious-metal revenues; rates have been subject to recent reform, so model current numbers with counsel.
- Technical: original assay certificates and drill logs, not summaries; check-assay history; QP involvement. A seller with organized documentation is telling you something about everything else.
5. How deals are structured
- Outright purchase — full title transfer, notarized and registered. Cleanest, and what serious sellers of de-risked assets prefer.
- Option to purchase — staged payments earning the right to acquire; common where the buyer wants confirmation drilling first.
- Earn-in joint venture — the incoming party funds work to earn a percentage interest. Watch the classic traps: uncapped cost recovery, operator-only information rights, and dilution mechanics that grind the founder to a royalty.
- Royalty carve-outs — an NSR retained by the seller to bridge valuation gaps.
6. Timeline and cost of entry
With clean title and a motivated seller, diligence through closing typically runs a few months; the long poles are surface verification and, for restarts, the explosives and water permitting sequence. Entry prices in Mexico range from low six figures for raw concessions to hundreds of millions for development-stage resources. The value zone for private buyers is the middle: drilled, past-producing assets with infrastructure — enough data to underwrite, before the institutional re-rating. That profile is exactly what the Charay Project offers, which is why we wrote this guide.
Frequently asked questions
Can a foreigner buy a gold mine in Mexico?
Yes — through a Mexican company, which may be 100% foreign-owned. Concessions themselves must sit in a Mexican individual or entity, so foreign buyers incorporate or acquire a Mexican subsidiary to hold title. This is the standard structure used by every foreign producer operating in Mexico.
What is the difference between a mining claim and a mining concession?
A U.S. claim is self-staked on federal land and maintained by fees; a Mexican concession is a federally granted, registered title over defined coordinates. Concessions function more like real property — transferable, mortgageable and enforceable against third parties once registered.
Do Mexican mining concessions include surface rights?
No. Surface is held separately, often by private owners or ejidos, and access is contracted through occupation or easement agreements. Verifying surface arrangements is a core diligence item in any Mexican mining transaction.
How much does a gold mine cost in Mexico?
Anywhere from tens of thousands of dollars for a raw concession to nine figures for a defined resource. Pricing is driven by data quality: drilled grade and width, metallurgy, permits, infrastructure and production history — not hectares.
How long do Mexican mining concessions last?
Concessions granted before the 2023 reform run 50 years from registration; concessions granted after it run 30 years under a tender regime. Long-dated pre-reform titles are increasingly scarce.
Looking at Mexico with capital to deploy?
The Charay Project is a titled, drilled, past-producing gold–silver asset with its documentation ready.