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Interesting article in Forbes. http://www.forbes.com/forbes/2008/1110/144_print.html
Have been aware of this issue since my first visit to CR, however, does anyone have any insight to whether there is any legislation being introduced that would make a “land grab” more difficult to accomplish? Other than having someone under contract to constantly watch your land or encumber your own property with a lien, what other options are there?the cost for keeping a caretaker for your property is minimal, especially if you take into account the money you are saving in taxes and what you coud lose IF squatters showed up. If there is no structure and just land, it shouldn’t cost too much at all.
Edited on Oct 23, 2008 10:11
There is no pending legislation in Costa Rica to alleviate the problem. Fencing the property, placing “No Trespassing” signs, and having a caretaker to watch the property is the only viable alternative at the moment.
Note from Scott: ‘WatchDog’ is the username for my friend and attorney Richard (Rick) Philps who is a Canadian citizen, naturalized as a citizen of Costa Rica. Rick practiced law in Canada as a member of the Law Society of British Columbia, for fourteen years, prior to moving to Costa Rica in 1998. Mr. Philps the earned his Bachelor of Laws and Licensing Degrees (Civil Law), and a Post-Graduate Degree in Notary and Registry Law, from the Escuela Libre de Derecho University, in San Jose, is a member of the Costa Rica College of Lawyers, and has practiced law in Costa Rica for five years. Mr. Philps practices law in the areas of real estate and development, corporate, commercial, contract, immigration, and banking. To contact attorney Rick Philps and his associate attorney Roger Petersen, please use the Contact Form at the bottom of: https://www.welovecostarica.com/members/417.cfm
Thanks for the response watchdog. Your partner RP is our attorney and we very much appreciate your collective expertise and all the information that Scott brings to light on this site.
I’m curious to find out from a knowledgeable legal advisor if, “squatters rights,” is also known as USUCAPION, the legal process to obtain possession of property during the time stipulated by the laws of Costa Rica?
crhomebuilder the answer is yes. Essentially after ten years of public, peaceful, and uninterrupted possession, the party in possession (or squatter) may apply to the Court to have the property titled in his or her name. This is a legal concept which applies to rural settings generally, not urbanized settings.
For all those persons that think that these “squatter’s rights” are a strictly Costa Rican thing, you would be wrong. Here in Texas the same rules apply and, at least in East Texas, is an active ongoing practice among some of the more unscrupulous natives. In any event, es la ley, and always has been. Robb
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