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watchdogMember
I haven’t heard of any cases of Dengue in the San Jose area this year; it is more prevalent in the humid coastal areas of the Country. There is no vaccine available to take to prevent Dengue. Using OFF Repelent is the best protection when in mosquito- risk areas.
watchdogMemberDole Corporation has a fleet of freighters that sail between Costa Rica and Florida, carrying bananas to Florida and various pieces of privately consigned freight, such as vehicles, coming back to Costa Rica. I would check with them, to see if they have a few rooms for passengers as well.
watchdogMemberThe new highway from San Jose to the Pacific Coast, is now under construction by a Concessionaire company, and is due to be completed by mid-2010.
The highway from San Pablo to Orotina is a two lane, paved and very winding road, with one very questionable (as to condition) wooden, single-lane suspension bridge that must be crossed, near the Orotina end.
The time to drive from Orotina to the Pacific Coast is approximately twenty minutes.Edited on Mar 25, 2008 13:35
watchdogMemberDavid, Residents with either Rentista or Pensionado status, may not work for wages, or otherwise be employed, in Costa Rica, but are able to “manage” their own incorporated company, S.A. or S.R.L.
watchdogMemberI saw a local news clip yesterday, that said that the Costa Rica Environment Ministry (MINAE)had shut the project down, due to the prospect of land slippage during the rainy season. The Ministry’s position was that the engineering and the installation of infrastructure for surface water run-off, had not been done satisfactorily.
February 19, 2008 at 2:27 pm in reply to: Law concerning construction within 2 kilometres of #189506watchdogMemberAs a Costa Rica Attorney, I know of no law which states what “dundalk1” is saying. I expect that the confusion is as has been previously stated regarding the 200 meter Maritime Zone.
watchdogMemberImporting a used vehicle to Costa Rica, is something to be avoided, unless you are particularly partial to the vehicle, or it has a particular value as a “collector item.” You have the right idea as to the ranking of the most popular vehicles in Costa Rica, which, of course, goes hand-in-hand, with the availability of parts and service, a major item of consideration, especially outside of the San Jose Metropolitan area.
It is much better to sell your present vehicle in Miami, and buy new, or used in Costa Rica. Apart from the shipping expenses, and the risks associated, the import duties are high regardless of the age of the vehicle, and corruption in Custom’s is rampant. It is a very frustrating and expensive undertaking,to import a vehicle to Costa Rica.
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, 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
watchdogMemberIn fact, I was referring to a cumulative total of six actual months of physical presence in Costa Rica, during any annual Residency period (not necessarily a consecutive period of six months), as the time period that would be most prudent for a Permanent or Temporary Resident to be in Costa Rica, to comply with Residency renewal requirements. There can’t be a more definite answer at the moment, because no circumstances have arisen to-date, where a legal challenge has resulted, requiring an Administrative, or Court ruling on the matter.
Edited on Feb 13, 2008 13:04
watchdogMemberThe interpretation of the Immigration Law by the previous writer “ranco”, may in-fact prevail, at the end-of-the-day. The article which I wrote on the annual physical residency requirement, was meant to be the most practical and secure way for both Temporary and Permanent Residents to approach the issue of the necessary time period of annual physical residency, which is required in Costa Rica, to preserve their annual Residency “renewal” requirements with the Immigration Department, as opposed to Residency “category” requirements.
The Immigration Department has a history of exercising its discretion in such interpretive matters, in an unpredictable way, which could lead to a Resident being faced with a legal challenge to preserve their Residency status, when the application of some prudence, would avoid such ever coming to pass.
Accordingly, and in consultation with other Immigration Attorneys, the consensus is that for a Temporary, or Permanent Resident, not to be physically absent from Costa Rica for a period greater than six months during any annual Residency period, is the “best and most secure” way for such a Resident to proceed, without jeopardizing their application for Residency renewal in Costa Rica.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, 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
watchdogMember“Editor”, you essentially have the concept of the role of the Notary in property transactions in Costa Rica, correct. The legal system in Costa Rica is based upon the Civil or Napoleonic Law System, which exists in all of the Countries throughout Latin America, unlike the United States and Canada, where English Common Law prevails. In Costa Rica, a Notary is required to transfer the title to property registered in the National Registry, along with the certification of copies of documents and signatures. All Notaries are Lawyers, but not all Lawyers are Notaries. Notaries are required to complete a post-graduate degree in Notary and Registry Law, and must be a Lawyer and an active menber of the College of Lawyers for at least two years, prior to becoming a Notary. Lawyers and Notaries practicing in Costa Rica, are required to be licensed professionals with the Costa Rica College of Lawyers [Colegio de Abogados], and in the case of Notaries, admitted by the National Direction of Notaries [Direccion Nacional Notariado], and their credentials may be checked by name or incorporation number, via the Internet at: http://www.abogados.or.cr
Lawyers and Notaries in Costa Rica are held financially accountable for misrepresentation and/or negligence, and in addition, may be subject to disciplinary proceedings, for unethical or improper conduct. Legal fees charged by Lawyers and Notaries for real estate transactions, are based upon a tariff published by the College of Lawyers, and roughly translates to between 1% and 1.25% of the purchase price of the property. National Registry fees and Property Transfer Taxes are also payable to the Costa Rica Government, at the time of the completion of the real estate transaction. While a single Notary will normally prepare, attend on the execution of, and register the transfer deed on behalf of both a Buyer and a Seller, it is recommended that a Buyer retain an independent Lawyer from the Seller’s, to negotiate the terms of any real estate transaction on their behalf.
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, 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
watchdogMemberHaving your own Attorney, rather than using the Developer’s Attorney, would be an important part of the process. Also, if the condominium is in the planning stages, or under construction, it would be important that all deposit funds paid by you, be held in a third party escrow account on specific terms, that the funds be held until it can be ascertained that the Developer has acquired all of the necessary Governmental approvals and permits for the construction of the condominium, and that legal, registered, clear title to the condominum lot in the National Registry, is able to be delivered to you, on the completion date for the purchase.
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 and 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, and banking.
To contact Rick and his associate attorney Roger Petersen, please use the Contact Form at the bottom of [ https://www.welovecostarica.com/members/417.cfm ]
watchdogMemberWhen buying a property by way of acquiring the shares of an S.A. which is the registered owner of the property in the National Registry, it is important not only to check the title of the property in the S.A., but to also insure that the S.A. has been used for no other purpose, other than to hold the property. When purchasing the shares of an S.A., any and all liabilites of the S.A., contingent or otherwise, are acquired with the share purchase. Older S’A.’s are more risky to purchase the shares of than more recently formed S.A.’s, which are more easily confirmed as single purpose entities (ie. to hold the property only), and are less likely to have contigent liabilities, which are difficult to determine with certainty.
watchdogMemberIf the shares of the S.A. that holds the property are being purchased, rather than transfering the registered title to the property in the National Registry, to yourself personally, or to an S.A., no property transfer taxes, or National Registry fees will be payable on the transaction.
If the S.A. which you currently own, already holds property, or other assets, I would suggest that the to-be-purchased property held in the S.A., or alternatively, the shares of that S.A., not be transfered to the S.A. which you currently own, for the reasons stated by the previous writer.watchdogMemberThere is no general zoning law which exists in Costa Rica, which restricts what you are attempting to do with your property. Each Municipality has its own zoning restrictions which respect to property use and lot sizes, and must be consulted accordingly. The only general restriction on lot sizes applies to property zoned as farmland, which has a retriction of a minimum lot size of 5000 square meters (one-half hectare), unless otherwise provided for in a Municipal Zoning Plan.
watchdogMemberVery good advice. There is no equivalent of the SEC in Costa Rica, nor is there a requirement for a Developer to submit a prospectus of the offering, to any Costa Rica Government agency for review and approval, prior to an offering of an investment opportunity being made. You are truly on your own in Costa Rica, when it comes to investing in real estate, or other investments, and must rely on your own due diligence to guard against fraud. I would suggest retaining an Attorney, knowledgeable in the area in which you intend to invest, at an early stage in your deliberations, in order to assist you with the necessary due diligence, prior to committing to any investment opportunity.
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