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I have heard that a person can settle on public or unoccupied land under government regulation in order to get title to it. Is this correct? Thanks
They can under certain circumstances which are fairly easy to avoid “if” you do things correctly
You may wish to read ‘Costa Rica Land – Squatters have rights too’ which you can find at:
Scott Oliver – Founder
WeLoveCostaRica.comThanks for the information in the article. When we first bought some land there we heard that squatters are nothing to worry about, it just happens in the rural areas. Well an acquaintence of ours who happens to own property just had organized squatters try to claim rights to his land. Apparently, they bought one lot from him and during this process found out his schedule of visiting etc. While he was gone (he lives on the other side of the country and was very busy with a business he is starting/developing there) the wife of the buyer of his other property built a very small tico house on his property. When he found out about it, it was beyond the 3 months time (or what he could prove)and he submitted the paperwork to the municipality to evict the squatters. Well, the municipality “did not get to” (read into that as you will) his paperwork and never processed it, allowing more time to pass. As time goes on the squatters get more and more rights until now he has to go to court to try to get his rights back. He still has not resolved the issue and the squatters actually filed for concession on his land! Any one else heard of similar stories? I read the article but any more practical advice for property owners who are absentee? We are now planning to put up a gate and get someone to mow our lot that we bought and everytime we go down there we plant a tree or something. I guess I’m freaking out a little!
I have an interesting situation about squatters also. My husband and I are in the process of buying some land (10 acres or so) in Montes de Oro (aka: Miramar, Puntarenas). There is a squatter that brought on STOLEN cattle onto the land (the previous owner no less) and tried to claim rights. This battle has been going on for years and the courts just now ruled in the favor of the owner. You would think it’s over there, but the squatter had the guts to appeal the decision! Well, the court through his appeal out and now he is being formally evicted by the municipality. We are supposed to close on this in SJO on November 7th. The title is clear, according to my attorney, but they are waiting on the court order that the squatter lost in court and now his formal eviction before we even think of purchasing this land. I am getting a good deal on it, and that’s why we’re personally ok with dealing with the situation. It is real, I would also throw in my opinion to say it’s mostly in rural areas. This is a rural, coffee growing area and it’s not gated… The current owner is an American and didn’t visit the land for years at a time. Not a good idea. You need to have someone looking over your land and/or property. Anyone else with stories and/or advice, would be appreciated. I hope never to encounter this first hand ever… Also, maybe Scott can interject here, Why don’t they do away with this law? Isn’t there pressure from locals, investors and the like to do away with this old law…that seems to benefit NO ONE but the dishonest squatter??
Edited on Sep 06, 2006 12:26
The advice in the article seemed very practical to me
1. You fence off the property
2. You post large signs clearly identifying who the legal owner is and where someone can contact you or maybe your attorney
3. You hire someone locally – legally with written contracts – to watch over and masintain the property.
4. Maybe you even ask someone else to watch over the person that’s supposed to be watching the property.I am assuming that if you buy title insurance that this would help protect you as well no?
And couldn’t you set up a simple legal agreement with your attorney to make sure that no problems crop up?
Or, just don’t buy the property!
Brad
Regarding title insurance: I haven’t actually seen a policy written on Costa Rica property, but I would presume it’s generally the same as it is in the US (I’ve been in the title insurance industry for over 30 years). Title insurance is based on risk avoidance (a thorough search of public records for matters affecting property) as opposed to casualty insurance, like health or life insurance.
Title insurance does not, in general, protect against events occuring AFTER the date the title policy is issued. So if the squatting began after the property purchase, title insurance does not help. Standard title insurance does not insure against matters not disclosed by public records. If a search of the registry doesn’t disclose any squatter claims, then title insurance provides no protection.JimP
I’m just a novice about Costa Rica, trying to learn as much as I can before committing to buying property. I’m wondering, though, if you are talking about a non-Tico squatting on land to gain title. As I understand the law, squatter’s right to title is not for expatriates. I think this is right, but I know the “old-timers” will clear up any misunderstanding on your part or on my part.
editer
I’m just a novice about Costa Rica, trying to learn as much as I can before committing to buying property. I’m wondering, though, if you are talking about a non-Tico squatting on land to gain title. As I understand the law, squatter’s right to title is not for expatriates. I think this is right, but I know the “old-timers” will clear up any misunderstanding on your part or on my part.
editer
The instance I know of it was two Ticos that did the squatting. However, my lawyer just said that you can not squat on concession property because the country always owns title to that land and you can only squat to get title. any one else know the law about this. Maybe I have nothing to worry about or maybe if they squat on concession then they can gain rights to the concession? Sorry, I do not know the terminology for squatters. As an aside, squatters are squatting but can they squat? Just struck me as funny.
Dear Mediatica
I hope you don’t mind me emailing you about this. I am currently making a documentary series for broadcast on the Equator HD Channel on US TV and the subject is how to avoid scams around the world. We are very interested in featuring the Costa Riccan squatting scam and to do this we need to speak to someone who has first hand experience of this situation. Luckily you don’t quite have that experience yourself, but I was hoping you could kindly ask the current owner of the land you’re buying if they would be happy to talk to me about their experience. I can provide any further information that you or they would like.
Many thanks
Kate Evetts
Tel. +44 (0)1273 229 674Kate Evetts
Out of everything that is ‘Costa Rica’ please tell me why have you chosen to feature this one topic?
Why not choose to feature all the Americans down here ripping off fellow Americans or would that offend your viewers?
Scott Oliver – Founder
WeLOveCostaRica.comKates: The group of men that owned the land in Miramar in a corporation. Since then, 3 of 4 of the owners have passed. The remaining owner is a man by the name of Stearns Poor who lives in Tampa. He may even be online in the Tampa, Florida phonebook. I don’t have his contact information anymore, but I am sure with some googling you could find him. The world is pretty small these days with the help of internet! Good luck.
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