Costa Rica Land – Easements

The law can help if your lot has no access to the street.

Your property’s access to the street should be handled with extreme caution. If you are permissive about traffic on your property, the incursion should cease after one year of peaceful and public transit even if this is not written in a plan.

There is no reason for a property not to have proper access. When a lot is
recorded in the Registry, every lot should access to the street.

Nevertheless, a property could have an entrance that is not large enough for certain
equipment to get into, and that’s when troubles begin.

If this situation arises, it can be resolved with what is known as an agreement
of choice, (voluntary easement), or by legal obligation. In this case, the law
favors the “trapped”owner or whoever does not have adequate access
to the public street.

In this case, compensation is obligatory and is governed by legal statutes.

Since easements are established in favor of or against a property, its economic
or productive value to the dominant terrain must be reported; in the case of a
passage easement, the effective, real and objective need must be established.

Appropriation process. In case access is needed for construction, because the land
is “trapped” or because access is not wide enough to the public street,
the party who needs access may recur to make use of exceptions that are specified
in the National Law of Emergencies or in the Water law.

Nevertheless, the most convenient option is to ask the property owner if he would
cede access space and agree to a voluntary easement for the width and distance
need according to established norms and for a fee. Thus, the person without access
is guaranteed passage during construction and could later inhabit the new or remodeled
building with its respective entrance.

This process helps the person avoid going through the same inconvenience once
construction is finished.

If the neighbor refuses passage, you can resort to a judge to force him to. Let
it be clear that the neighbor is obligated to consent to temporary transit, unless
he is supported by exceptions in the National Law of Emergencies. For example,
this law establishes the necessity of adjusting entrances that are too narrow
for a fire engine.

Can easements expire?



In accordance with Article 381 of the Civil Code, an easement expires upon the
resolution of the right for which it was granted. On the arrival of the day or
the fulfillment of a condition, if it was constituted for a determined time or
under a condition. On the perfect union of both property and easement in the hands
of one owner. By cancellation or lack of use during the prescribed time.

Our thanks to Marisol Castro 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.