No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeTopicsExpat LivingProperty rights in Costa Rica: Important questions to ask

Property rights in Costa Rica: Important questions to ask

Can I buy property in Costa Rica as a nonresident? Is the property I purchase in Costa Rica titled? Will the title be in my name? Can I build on the property? What do I need to do to keep it in my possession? Can I incorporate my property? Can I lose my property to squatters? What are my property rights in Costa Rica?

It is important to ask yourself all of these questions before buying property in Costa Rica, so you don’t have to worry about it later.

Private property rights in Costa Rica are regulated by the constitution and gives citizens and nonresidents the same rights to buy and to own titled property in Costa Rica. I am saying “titled property” because there are two exceptions: property located in the Maritime Terrestrial Zone (ZMT) and property donated to a Costa Rican by IDA (Instituto de Desarrollo Agrario), but that’s another article.

Property in Costa Rica is registered in the National Registry, or Registro Nacional, where you will find all pertinent information about any existing property in Costa Rica. If you do a title study of a property in Costa Rica, it will show if that property is owned by a person, several persons or a corporation, the property number, the size of the property, the nature of the property, the neighbors of the property, any liens or mortgages the property might have, and the number of the survey.

Titled property ownership

The purchase of a titled property is documented in a deed, or escritura, where a seller sells to buyer at X sales price. Only a notary public registered in the Dirección Nacional de Notariado de Costa Rica can register a deed in his protocol and present it to the National Registry. Proof of the exact location of the property with its measurements and boundaries is shown in a formal survey, or plano catastrado, registered in a department of the National Registry, the Catastro Nacional.

Proof of ownership, powers of attorney, and property rights show in a personería juridica that can be requested online from the National Registry against payment and at any time or by your attorney.

Zoning or use of the property

Most municipalities in Costa Rica have a zoning plan that regulates what can be built on a property and how the property can be used. The request of this information from the municipality is called an uso de suelo and this will show if the property is zoned residential, commercial, industrial or mixed, what the density is, and how many stories can be built. The zoning will also tell you how large the lots can be if the property is going to be subdivided.

The environment

Larger properties to be subdivided in a condominium or a subdivision have to go through permitting like in most other countries. Environmental studies to be approved by the National Technical Secretariat of the Environment Ministry, or SETENA (Secretaría Técnica Nacional Ambiental, in Spanish), are necessary, along with other documents approved by the different institutions, like AyA (water), Colegio de Ingenieros y Architectos, Ministry of Health, INVU and the fire department.

Property rights and taking care of it

Especially if you purchase property in Costa Rica as an investment, you have to pay attention to the maintenance of the property. This means cleaning the property at least twice a year (most important right after the rainy season), keeping the fences in good shape, paying the property and municipal taxes on time, and ensuring that no squatters move onto your property.

Squatters

In other countries, you can lose your property rights to public bidding if you don’t pay your property taxes on time. In Costa Rica, you can lose your property if squatters move onto the property.

Article 277 of the Costa Rican civil code establishes possession rights for a property by means of occupation. These possession rights can be acquired when the owner allows a third party to use and maintain possession of the property for more than a year (Par. 2, Art. 279 Civil Code).

You should not only pay your property taxes on time, but also check on your property for squatters, unless your property is located in a condominium or gated community. For legal information about a property or property rights, contact your attorney.

Ivo Henfling is a Dutch national, a resident of Costa Rica since 1980 and a Costa Rican real estate broker for over 20 years. He is the founder of GoDutch Realty, which covers several locations in the Central Valley, including Escazú, Santa Ana, Atenas, Cariari and Grecia. You can contact Ivo at (506) 2289-5125 / 8834-4515 or at ivo@godutchrealty.com

Trending Now

Costa Rica Bull Shark Festival Highlights Tourism and Conservation

Playas del Coco will host the Festival del Tiburón Toro from tomorrow July 3 until Sunday the 5th, bringing researchers, divers, students, tourism businesses...

Costa Rica Supreme Court Rejects Fernández Narco Infiltration Claim

Costa Rica’s Supreme Court formally rejected President Laura Fernández’s claim that organized crime and drug trafficking have penetrated the judiciary, escalating a public dispute...

Mexico’s World Cup Run Ends in Thriller Against England

Mexico’s World Cup run ended in the most painful possible setting Sunday night, with El Tri losing 3-2 to England at Estadio Azteca after...

Fonseca and Arévalo Keep Latin America Alive at Wimbledon

Latin America’s Wimbledon picture has narrowed quickly, leaving Brazil’s João Fonseca as the region’s clearest singles contender and El Salvador’s Marcelo Arévalo as Central...

Costa Rica Women’s Tennis Team Wins Billie Jean King Cup Group

Costa Rica’s women’s tennis team won the Billie Jean King Cup Americas Group III title after defeating Barbados 2-1 in the final and finishing...

Costa Rica Sinkhole Still Unfixed After One Month

One month after a major sinkhole opened on Route 27 at kilometer 56 near Orotina, Costa Rica still has no definitive date for a...

Venezuelan Police Officers Arrested for Stealing After Deadly Earthquakes

Four Venezuelan investigative police officers have been arrested and removed from their posts after allegedly stealing money found among the rubble in La Guaira,...

Costa Rica on Green Alert as Tropical Wave Triggers Flooding Risk

The National Emergency Commission (CNE) has declared a Green Alert for the entire country as Tropical Wave No. 19 moved across Costa Rica today,...

Costa Rica’s Ethanol Gasoline Plan Faces New Delay

Costa Rica’s plan to begin selling gasoline mixed with ethanol is still moving forward, but drivers may have to wait longer than expected before...
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel