Is Your Cabo Resort’s “Private Beach” Actually Private? The Answer Will Surprise You

You’ve seen the pictures a thousand times: a pristine, empty stretch of golden sand in front of a stunning Los Cabos resort, with a caption boasting about its “exclusive private beach.” It’s the ultimate vacation dream—a slice of paradise reserved just for you and a handful of other lucky guests. It feels like you own the place.

But have you ever wondered, as you stroll along that “private” shoreline, if it’s truly, legally, yours to enjoy exclusively?

Here at The Cabo Sun, we’re diving into the nitty-gritty of Mexican law and on-the-ground reality to answer that question once and for all. The truth is more complicated and frankly, more interesting than you might think.

The Law of the Land: What Mexico’s Constitution Says

Let’s get the big, surprising fact out of the way first. According to Article 27 of the Mexican Constitution, there is no such thing as a privately-owned beach in Mexico. Full stop.

The law is crystal clear: the land within 20 meters of the average high-tide line is federal property, known as the Zona Federal Marítimo Terrestre (ZOFEMAT). This means the sand you walk on and the water you swim in are legally public property, belonging to the people of Mexico. So, that feeling of an exclusive seaside kingdom? Legally speaking, it’s an illusion.

The Access Loophole: How “Private” Beaches Are Created

If all beaches are public, why does the one in front of your resort feel so secluded and private? The answer lies in one word: access.

While the beach itself is public, the sprawling luxury resort behind it is very much private property. These hotels own all the land leading up to the federal beach zone. Think of it like a beautiful public park that is completely surrounded by a private, gated community. The park is free for everyone, but if there are no public roads leading to it, it’s effectively private.

Hotels in Los Cabos leverage this by designing their properties to make it difficult, if not impossible, for non-guests to reach the sand without first trespassing on their private land. This creates a powerful and perfectly legal illusion of a private beach.

Your Rights on the Sand: What a Hotel Can (and Can’t) Do

This is where it gets interesting for you as a traveler. Understanding the rules empowers you to respectfully explore more of Cabo’s stunning coastline.

• What a Hotel CAN’T Do: A security guard cannot legally force you to leave the public beach area (the sand within that 20-meter zone) if you accessed it legally. For example, if you are walking along the shoreline from a designated public access point and decide to stop and lay down your own towel in front of a resort, you are within your rights.

• What a Hotel CAN Do: They can, and absolutely will, stop you from using their private property. This includes their pools, restaurants, bars, bathrooms, and—most importantly—their beach loungers and umbrellas. Those amenities are for paying guests only. A hotel has a concession from the government to use that part of the federal zone for their equipment, and they have the right to restrict its use.

The secret for explorers is to look for official “Acceso a la Playa” signs to find public entry points, allowing you to walk for miles along coastlines you might have thought were off-limits.

So, while your resort’s beach isn’t truly private, they do a masterful job of making it feel that way. It’s a shared paradise where understanding the rules is key. Knowing your rights allows you to appreciate the exclusive experience your resort provides, while respecting the public freedom that belongs to everyone. Finding a resort that offers the perfect beachfront atmosphere for your style—whether it’s a quiet cove or a vibrant social scene—is exactly what The Cabo Sun’s Resort Finder was designed to do.