• Why Costa Rica?


• Costa Rican Law


• Property Type Descriptions


• Zoning and Concessions


• Squatters? How can I protect my land?


• Immigration Issues


• Completing a deal


• Closing Costs


• Building Process
• Investing in Costa Rica
• Costa Rica Quick Facts
• Political Stance
• Why Pura Osa?

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A squatter is someone who moves onto your land without your knowledge and then, according to Costa Rican law, starts accumulating ownership rights if not evicted promptly. If you have concerns about someone taking up residence on your land while you are away, have someone responsible check on it once a month while you are gone. You can also hire a caretaker or “cuiador” to live on and mange your property. Although a little more costly, this option will allow you to be worry free while you are away from your property as well as supporting the local economy by giving someone a job. If you do hire a caretaker, it is recommended that you get a contract in writing that is witnessed and notarized by a licensed notary.

Costa Rica’s homestead law or Precario law allows peaceful occupation of "untitled and unattended land" unless there is opposition by the existing owner. If your land is unattended and someone moves onto the land, they begin to establish certain rights after three months. Action for removal is required before the end of the third month but the process is less complicated than if they occupy the land for a longer period. If squatters have occupied the land for more than three months but less than a year, the process of eviction becomes more involved. Although eviction is more complicated, you are not yet required to reimburse the occupants for their "improvements" to the property. If the land is occupied for more than a year but less than ten years, you may still be able to recover the property, but the legal process may take years and you will be required to make a settlement for the "improvements" made by the occupants. "Improvements" can range from the construction of shacks, planting of crops and even cutting of trees to clear the property. Improvements and compensation are established by the court. In most cases, it is best to negotiate an out of court settlement. If someone is living on a property you are interested in buying, be it the owner, a relative, a worker etc., you must be sure this is addressed and settled as a condition of the transaction. Precario rights can affect both titled and untitled land but the process of eviction for titled property is in theory, faster and less complicated.

The department of IDA, The Agrarian Development Institute, was established in 1961. This government agency was formed when Costa Rica was trying to develop and expand it’s farming production. The institute was designed to represent landowners in cases where legitimate possession rights were being challenged or where land was not being utilized for some form of productive agriculture. One job of the institute is to defend the rights of the possessor as outlined in the precario law…sort of a public defense body for peasant landowners unable to defend themselves against larger landowners trying to "expand" their territory. However, there are many cases today where the system is abused and people fall victim to "de-facto tenants". That is why it is important to know the history of possession and above all…. follow the rules. If ownership is legitimate…it must be demonstrated within the guidelines outlined in the law. It is important to remember that the precario law and the recognition of possession rights is considered the first step in the titling process and is the basis of how many lands were originally settled and eventually titled in Costa Rica.

Once again the best protection against this happening is to hire someone to look after your property while you are away.