Producers will face restrictions on leaving Cuba if they want to retain ownership or use of their land.
14ymedio, Madrid, June 9, 2026 — Foreigners will be allowed to buy a home in Cuba, but not own land. That is one of the conclusions drawn from the publication this Monday of the draft Agricultural and Forestry Land Law, a measure that consolidates as many as 25 previous laws and is expected to be approved by the National Assembly during its next session in July. The legislation safeguards socialist ownership, except for land belonging to private individuals or agricultural cooperatives (13% and 7%, respectively, while the State owns 80%).
The law is explicit regarding the “protection of land against any transfer of ownership in favor of foreigners,” although interested parties may gain access to land through usufruct by two avenues. As private individuals, this applies to those who have effective residence in Cuba; for foreign or joint-venture companies, authorization will be granted provided they have a legal basis and are aligned with the development strategies of the area.
This is precisely how the Vietnamese company AgriVMA established itself on the Island. Between late November 2024 and January 2025, it obtained 308 hectares of land in Pinar del Río for rice cultivation, becoming the first experience of its kind since 1959. The project has performed well, achieving crop yields far above national averages, and as early as June 2025 the company requested an expansion of its land holdings. Nevertheless, it is still considered almost a unique case.
One of the significant changes compared with previous regulations is the introduction of inheritance agreements, which will allow people to decide during their lifetime who will inherit ownership of the land
One of the significant changes compared with previous regulations is the introduction of inheritance agreements, which will allow people to decide during their lifetime who will inherit ownership of the land, replacing the previous system in which wills were the only means of transferring it. However, it remains mandatory that the land continue to follow the socialist principle that it belongs to those who work it. The new owner must demonstrate active involvement—or ensure that others are involved—in making the land productive, applying good agricultural practices, and delivering to the State what has been agreed upon.
These agreements may be revoked if the heir fails to fulfill the obligations assumed with the owner. At the same time, the owner is prohibited from selling or donating the land to a third party while the agreement remains in force; otherwise, compensation must be paid to the heir. Such agreements cannot be verbal and must be registered before a notary and in the corresponding registry.
Another sensitive issue is the treatment of land owned by emigrants. The law divides them into two categories depending on whether they left the country before or after July 2024. Those who emigrated before that date, when the Migration Law was approved but not published until a few weeks ago and still not in force, retain ownership of their land as long as it was not confiscated. However, they lose the right to transfer it, meaning that upon their death the land passes to the State, according to an additional provision of the law.
The only concession to heirs is that they will have a preferential right to obtain the land in usufruct if it is determined that they have no other means of livelihood. In that case, and if authorized by the Municipal Commission on Agrarian Affairs, family members will receive preferential rights to use the land.
The second group consists of emigrants who left after July 2024 and are already subject to the current regulations. It is presumed that they benefited from the elimination of the “automatic confiscation of assets upon permanent departure from the country,” although this was never confirmed because the law remained unpublished for two years. In their case, the determining factor is effective migratory residence, meaning they may lose their land if they fail to keep it actively productive.
If an owner exceeds the permitted absence period without legal justification, it will be considered “abandonment of the land,” triggering sanction procedures that may lead to confiscation of both the land and agricultural assets
The current law imposes travel and residency restrictions abroad on landowners, tied directly to the productivity of the land. Farmers may remain outside Cuba for a maximum of one year and must grant a notarized power of attorney authorizing someone else to temporarily manage the farm during that period. The only exception is in cases of force majeure.
If the owner remains absent beyond the allowed period without legal justification, the situation will be classified as “abandonment of the land,” activating sanctions that may result in the seizure of the land and agricultural assets for failing to fulfill the social function of production.
For producers who do not own their land but hold it in usufruct, the restrictions are even stricter, since the land belongs to the State and their contract requires active use. These farmers must also grant a notarized power of attorney authorizing another person to manage the land, but only for a maximum period of six months. If that period is exceeded without justification, the usufruct contract is terminated and the State reclaims the land.
Translated by Regina Anavy
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