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Buying and Owning Property in Costa Rica
In Costa Rica, there are three basic types of land: titled private land, untitled private land and Maritime Zone land. For each type there is a different set of codes and rules that a buyer will have to contend with. Unlike some countries, non-citizens are able to own property in their own name and enjoy the same property rights as any Costa Rican citizen, making the entire process much easier. Private Land (Titled)
With this type of property, there are always two documents involved, the legal document declaring ownership of the property (escritura) and the registered survey map (plano catastrado). While both documents are necessary, only the escritura serves as the actual proof of ownership. The plano functions as an information sheet, displaying the exact boundaries of the land, the size, the location and other useful information regarding the property. Private Land (Untitled)
Although this category of land is a bit more complicated to buy and sell, it is often necessary because a large majority of land in Costa Rica falls under this category. This process, which is still entirely legal, has usually involved settlers or farmers homesteading on a piece of land for a certain amount of time until they became the legal owners of the land. As time went on, this type of property could have been transferred from person to person using private documentation, and a lawyer to document the transaction. If the property you are interested in falls under this category, make sure that the seller has all of the documentation to prove that his possession of the property is legitimate. Once you have purchased the property, it is a reasonably simple process to document the land in the national registry and turn your untitled private land into titled private land. Maritime Zone Land: Of all of the types, Maritime Zone land is by far the most regulated. This type of land is defined as a 200
meter strip of land along the shore line, calculated from the average high tide. The first 50 meters of this land is called a public
zone, leaving it off limits for development or ownership by a person or corporation. The next 150 meters can be claimed by a person
or corporation, but only if they solicit the municipality for permission. The type of situation in which this comes into play is usually
when a person buys or owns the land directly connected to the Maritime Zone. If this is the case, applying for permission with the
municipality is a relatively simple process. In this process, you will first be given a right of occupation (permiso de uso),
allowing you to build a small, temporary structure on the property and to make small improvements to the land. Later on, once
the zoning of the land has been completed, you may be granted a concession, allowing you to build on the land in accordance with the
zoning laws. Although these concessions are not permanent, they are automatically renewable every twenty years as long as the public
zone (the first 50 meters of beach front) is respected, all taxes are paid and all development is in accordance with the previous
zoning of the land.
The Law for Conservation of Wildlife No. 7317 Given the heavy regulations on Maritime Zone land, one might want to completely bypass that process and, in Costa Rica, there is only one way to do that. In 1992, The Ministry of Environment and Energy (MINAE) created The Law for Conservation of Wildlife No. 7317, which allows a private property owner to register their land as a “protected zone” but lets them maintain their ownership of the property and develop it in a low impact way. This law can be utilized on any piece of property containing some sort of wildlife or habitat but it is the most useful for Maritime Zone land. Instead of dealing with the municipality for occupation rights, you are then able to deal directly with MINAE, who employ a simpler, more efficient and somewhat less restrictive system for regulating these properties than the municipalities. Once a management plan (plano de manejo) has been drawn up to describe and document the land usage, the property will be declared a wildlife refuge or Refugio de Vida Silvestre. Your permission to build on this property will come in the form of a right of occupation, renewable every nine years with MINAE. |