Sharing Walls – Costa Rica Real Estate

Legal regulations exist for putting up a boundary or party wall. So be warned!

Boundary walls can be concrete, wood, brick or modular metal units that can provide security, privacy and independence between one property and another.

However unassuming or low it might appear, a party wall indicates where ‘yours’ finishes and ‘mine’ begins and there are legal provisions in Costa Rica that allow such a wall to be built or completely renovated to correct any defects or problems that have appeared over the years.

According to architect, Carlos Alvarez of Veritas University, before building a wall you must make out an application at the Public Registry attaching a copy of property’s registered plans, especially if the wall is to be built on land that forms part of a residential area under development.

“With a copy of the plans in hand, the applicant must verify the boundaries with a topographer then go to the respective local authority to check them against the boundary limits that should be included in the Planning Regulations of each local authority as stipulated in the Urban Planning Law,” says +ülvarez.

He adds that before building a party wall on land that is already marked out, it is worth remeasuring since if the property’s boundaries are not registered in the official land register, this could affect the future development of a residential or commercial project.

Shared or Party Walls

If you are thinking of putting up a wall, you must be very clear as to whether it will be your own or a party (shared) wall. Newer residential estates are already separated by party walls, and the Civil Code defines them as walls separating buildings, patios or gardens, or fences, ditches or open irrigation channels without title or indication to the contrary.

A similar definition is found in the Building Regulations, which states, “a party wall separates buildings, patios and walls but which belongs to both parties”. In this case, the boundary neighbors are co-owners and must comply with a series of rules.

For example, Article 390 in the Regulations stipulates that co-owners can put up a party wall as permitted by the general or local regulations (requirements vary according to each local authority), but each must pay for the cost of any increased height (vertical extension) and compensate neighbors for any damages incurred.

Article 391 states too that if the party wall cannot support a vertical extension or height increase, then the applicant must rebuild the wall entirely at his/her own expense and should the walls thickness be greater than before, the difference must be accommodated within his/her property.

Alvarez considers that shared walls are a better option for condominiums since these are already covered under the horizontal property law for this kind of series construction.

According to lawyer, Karol Gomez, in the case of individual properties, it is better to ‘lose’ a few centimeters of land or even pay a little more than sharing a boundary or party wall over which co-owners may fight about rights and where neither can do what they want without the consent of the other party.

“Basically, it’s all a matter of budget, available space and what suits both sides”, says Gomez.

On the other hand, there also exists the “right of abutment” when a property owner builds a independent wall that buts up against another, although both stand independently along the respective side or rear boundary limits of the lot or house. According to Karol Gomez, in this way the owner can do with the wall whatever he/she wishes without approaching or bothering the neighbor.

No Man’s Land

Land encroachment is an increasing problem in older neighborhoods since in many cases the registered measurements in the Property Registry don’t agree with the plans.

“One way of verifying if someone has encroached on another’s piece of land is through the registered plans or by asking for an expert opinion from the Federated College of Engineers and Architects,” Alvarez indicates.

Even though issues between neighbors should be handled with respect and courtesy, there are circumstances that do warrant legal intervention.

The law, for example, allows for restraining orders as a valid means for solving problems generated by real estate ownership. With a restraining order, limits can be redefined, construction can be halted and even demolished if it constitutes a threat to the rights of the owner or passersby.

Being able to negotiate with your neighbor and request the relevant licenses from the local authority are key points when it comes to establishing who will be the owner of the wall and under what circumstances it will be built.

Procedure for Restraining Orders

According to the Civil Code, a restraining order is the legal process by which a solution can be found pertaining to issues of real estate ownership. Article 457 of this Code makes mention of:

1. Restitution. This corresponds to the situation when someone has had peaceful possession of the property and it is taken away against his will. Resulting arbitration can order the immediate restoration to the rightful owner and require the defendant to pay costs and damages.

2. Repositioning of limits. This will be carried out when there has been a change to the boundary limits between properties; when boundary markers have been pulled up and placed elsewhere or when a new fence has been placed where it shouldn’t.

3. Procedure. A restraining order can be placed before the corresponding Civil Judge three months prior to the start of the work against which the claim is being made.

Our thanks to Gloriana Gomez 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.