Squatter Problems with Costa Rica Real Estate

Forty-two cases of squatter takeovers reported in five months

In 2004, 1,062 cases were reported – The police force involved in 51 land site
evictions

Every four days, land sites are being invaded by squatters, based on the 42 eviction-order requests submitted to the Public Security Ministry between January and May this year.

The problem isn’t restricted to rural farmlands or high-density city sites such
as Pavas or Alajuelita in San José. Squatters have turned
their sights to tourist areas such as Papagayo and Nosara in Guanacaste Province
where seven takeovers have been reported so far this year. In three of
these sites, 175 people have moved in and evictions have still not been carried
out.

“In Guanacaste, it is becoming a growing source of conflict; the squatters
know that land is worth a lot,” explains Alejandro Chang, Eviction Department
head in the Security Ministry. “This problem has increased significantly.
Five years ago, we carried out an average 15 evictions; now we are involved in
30 for just the beginning of this year.”

May saw increased squatter activity with land being taken over every 1.7 days.
Currently, 51 eviction orders are in place but some date back five years.

“One thing that’s changed,” continues Chang, “is that the squatters
are more aware and know all the loopholes in the legal system.”

It’s big business and sheer necessity isn’t always behind the invasions. Just
two years ago, the police made evictions from a property in Chomes, Puntarenas
where most of the squatters drove 4×4 vehicles. “These people had money.
They didn’t need land; they were just seizing the moment,” says Chang.

He adds that group leaders organize the invasions throughout the whole country.
These leaders charge the campesino farmers to join the takeovers and some squatters
then sell their land on to third parties with deeds of sale.

The campesino farmers have to pay the consequences of taking over land that doesn’t
belong to them. Between 2002 and 2003, 124 were convicted for squatting – a crime that brings from six months to three years in jail but if they have
not been previously convicted, they are exempt from the jail sentence.

Last year, 1,062 cases of this kind were reported to the authorities according
to the Judiciary’s department of statistics and only last Thursday (June 9), five farmers were convicted of taking over a farm in Medio Queso de los Chiles
on the northern border. They were convicted of illegal land takeover and breaking
the Forestry law but the land was then taken over by another group.

Currently, 17 campesino farmers from Bambuzal in Sarapiqu+¡ are awaiting
trial for squatting on the 800-hectare (1,976-acre) farm belonging to the Standard
Fruit Company when 200 families took it over in 2001.

The conflicts cause losses on both sides. According to judge Carlos Chinchilla,
the owners lose out as well. “It is highly unlikely that they can reclaim
something. Those taking part in the land invasions are people who have no money
or land and are looking for a land plot to develop.”

First-hand accounts

“We would pay for the land.”
Name: Jorge Quiros, age: 26
Involvement: Squatter in San Carlos
“We don’t aim to take land away from anyone who supposedly owns it. We are
prepared to pay a fair price for these lands that aren’t producing anything.”

“We want land to farm.”
Name: Luis Armando Sibaja, age: 57
Involvement: Squatter in San Carlos
“We aren’t violent and we don’t want violence. We only want to have a piece
of land to grow pineapples – that’s all we want.”

“Other people’s property must be respected.”
Name: David Diaz, age: 45
Involvement: President, Forestry Plantations, San Carlos
“It is a basic right in this country that private property be respected and
our right to go onto property that belongs to us. The takeover of the farms was
violent.”

The case of the Forestry Plantation Company
Some 22 campesino farmers and Forestry Plantation Company employees are involved
in a dispute over 350 hectares (865 acres) in Vasconia, near Aguas Zarcas, San
Carlos.

President, David Diaz, charged that the first invasion was on April 22
and that it has been taken over four times since then. “The takeover was
violent, putting up barricades and preventing me from entering the property,”
explained Diaz in his eviction application to the Public Security Ministry.

The farm owner added that the campesinos have put up buildings in various parts
where the company has had a forestry project since 1978. The squatters brought
all farm activity to a halt including a mobile saw mill. He also claims that the
campesinos dug a 400-meter trail and burned boundary lines. The police evicted
the squatters four times, the last on June 1.

Since then, private security guards have prevented further invasions on
this property, which is only a little bigger than another squatter landsite in
Desamparados, San José, where 36,000 people now live.

Abandoned land

Campesino farmers, Luis Sibaja and Jorge Quiros claim that the land has
not produced anything for seven years except scrub, so they saw it as abandoned
land. They say the invasion was peaceful and they do not want any confrontation
with the company managers, stating they are willing to negotiate with the company
about reaching an agreement.

Alejandro Aguilar, a neighbor not involved in the squatter conflict affirms that
the land has been abandoned. “The company managers who claim to be the owners
don’t help us to improve the school or the road. We don’t even know who they are
because they have never made contact with the community.” Apparently the
land benefited from forestry investment incentives.

A losing battle

Apart from the expense involved in the legal battle to evict squatters,
it is rare that land damage claims bear fruit. “Although it is possible
that a squatter be sentenced to pay compensation, it is very difficult to carry
it out because these people have no money,” explains judge Chinchilla.

Most cases of squatting involve agricultural use. If squatters can prove that
they have made abandoned land productive for more than one year, the judge
might let them stay on the land. “In that case, the owner cannot step onto
his property or take anything from it. If this happens, nobody will give him a
loan, nor will he be able to sell the land,” explains Evictions head Alejandro
Chang.

The authorities know of a case in Vízquez de Coronado of squatters reassembling
a house taken from elsewhere, planting palm trees and a corn field to try to show
they had been farming the land for over five years. They even requested a soil
survey to show the corn harvest was more than a year old. The case was investigated
and the squatters were evicted.

Limiting Factors


The law states with regard to land that “the proprietor or land owner
can defend his/her property, repelling force with force or going to the authorities“.
However, as judge Chinchilla warns, this does not give owners the right to
harm or attack squatters. “We live in a lawful country; it isn’t possible
for someone to act on their own initiative and remove squatters with kicks or
shots.

The best way is to make a criminal charge and present it to the right authority
to proceed with the eviction order.” He also emphasizes that it is not possible
to allege use of defensive violence if someone is attacked. “Everything is
proportional and must be done rationally. I can’t just get out my gun and kill
someone to get my property back. That would be excessive. It would turn out much
more seriously to confront the squatters but that is hard for people to understand
because we are talking about their property.”

The zones most affected by squatter conflicts are: Pavas, Limon,
Sarapiqui, Guanacaste, Pavones de Golfito and some northern border
sectors.

Our thanks to Otto Vargas and our friends at La Nacion – Costa
Rica’s largest Spanish circulation newspaper for their permission to use this article…

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Andrew Makarik

to@welovecostarica.com

Andrew Makarik is the main editor of WeLoveCostaRica, a fan of this sunny country. He is also a loving husband and a has a lovely daughter. By being a devoted family man and the biggest Costa Rica fan, he wants to make more people feel at home there. WeLoveCostaRica unites people and helps them find new home or a new travel destination. This website is a friendly community where everyone can find not only information, but also new friends and travel pals. Andrew is also passionate about IT and programming, so he himself maintains a friendly atmosphere in this cozy environment of WeLoveCostaRica.com.