The Buying Process
Common and Avoidable Problems
Environmental & Squatters
Costa Rican law provides rights for squatters. The Costa Rican constitution allowed for those who do not own land to find unused agricultural land and remote areas and establish a home. The rights of a squatter grow stronger and stronger based on the amount of time they spend in a given spot.
Political and social issues run deep with squatter situations. If you are considering purchasing a property with a history of squatters then you should change your mind! Costa Rican law makes it very difficult to remove squatters, especially once the land has changed hands to a new owner. If the individual wishes to allow people to stay on their land for over a year, then you cannot kick them out once you purchase the property. Possession, as in the U.S., rules in a court of law. If some one has been on a piece of land for ten years or more, they can register at the National Registry as full owner of the land!
When a squatter problem comes up, it is important to take swift action to protect your property rights. Within the first three months, you must file a civil procedure and or charge them formally with criminal take over. Once three months have passed, the eviction process becomes more difficult and compensation may be required to do so.
If the time period that the squatters have been on your property is between three months and ten years. You must go to court in order to repossess your land. These proceedings typically take years to take effect. After ten years it is too late and it is almost impossible to evict squatters!
Avoiding squatters:
When you buy a property with squatters, have it written into the sales contract that they are to compensate the tenants as part of the execution of the sale. Your property manager could potentially gain ownership rights if you are away from your property for more than a year. To guard against this, have your lawyer add in a squatters clause in the deeds of sale.
Squatters typically target land and homes that look untended too. Make sure your property management company does a good job around the property. Put up solid fencing and signs displaying your name and legal registration number.
