Legal FAQ
Is There A Problem With Squatters? Do Squatters Have Any Rights?
There has not been any problem with Squatters in the past 18 years that Ventana has been developing and there is not one expected in the future. In the distant past, it was a way of life and land acquisition, as it was in the beginning years of most countries. People staked out their property in the wide-open space and built their homes, farms and lives. Now Costa Rica works with clearly delineated titled properties.
Many people interested in purchasing real estate in Costa Rica often become aware of the potential problem of squatters. Squatters are basically local Costa Rican residents who, for whatever reason, end up living on private property. Old agricultural laws the world around were traditionally used to secure rights for squatters. Essentially, if a squatter or group of squatters were living on a piece of land for a long enough period of time without being disturbed or asked to leave, they may have rights to the land. Obviously, those looking to purchase real estate in Costa Rica should be as educated as possible regarding this matter before any decisions are made.
Essentially, there are eviction processes that can be undertaken if squatters are found to be residing on privately owned property. This process is separated into phases which are determined by how long the squatters have been residing on the property.
Phase 1 - First 3 Months Of Occupation
This first phase is the easiest to deal with and does not require a visit to court. For this reason early detection of squatters is absolutely crucial.
Phase 2 - 3 months To 1 year Of Occupation
If squatters are "allowed" to occupy property for this duration of time the process of "administrative eviction" is required.
Phase 3 - Over 1 Year Of Occupation
This third phase of occupation is, as one would expect, the most difficult to rectify. According to the law the squatters have, after one year of occupancy, achieved what is called a "legal assumption." In order to remove the squatters legally from your property you must now do so through a lawsuit. This process can be very difficult and can result in a high amount of legal and attorney fees.
It is highly advisable that land owners take necessary precautions to clearly mark their property and ensure that the property never appears abandoned. Hiring caretakers is often suggested as a solution to the problem of squatters, and a means of detecting them should they settle on your property. However, one should take caution when hiring a caretaker since they too can achieve the legal rights of a squatter if they are left to reside on your property for too long a period of time. A good solution for this is to make the caretaker an actual, legal employee - this way their name is registered and recorded, and should they attempt to gain legal rights to your property the court will have clear evidence that they were hired as your caretaker.
In short, there are some concerns one needs to be aware of when purchasing property in Costa Rica. Gated communities are often an attractive solution for those who will not be residing full time on their property. Costa Rica is a fantastic place to own property, and it is quickly becoming the hottest real estate market on the globe, but there are some concerns that should be met in order to enjoy the great benefits of owning Costa Rican property.
