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Osa Sun Land Company – SOME BASIC REAL ESTATE INFORMATION |
 The following is a brief summary of important information that it would be beneficial to acquaint yourself with before purchasing property in Costa Rica.
This information is provided only to familiarize you with the terms used in the business to enable you to have a bare bones understanding of what I am talking about when we discuss properties, and as a basic primer on the much more in-depth and detailed information that you should obtain at your earliest convenience.
The information below should not be construed as definitive legal terminology, nor should it be relied upon as such. Though I have tried to make sure that the information is as current and accurate as possible, I do not make any claims to that effect. I recommend that you seek a qualified attorney and consult with him or her before making any binding commitments to purchase a property. You will need one anyway to draw up the legal papers, and I can make recommendations if you wish.
OWNERSHIP CLASSIFICATIONS Legal Ownership - Titled: Possessing a public document (escritura publica) that states that one is the fee simple owner of a property. There must be an underlying registered survey (plano catastrado) of the property in question. This is the highest level of ownership security available, just like in the United States, Canada, and most of the European countries. This document is filed in the National Registry, which is located in the town of Zapote just outside the capital of San José.
Legal Ownership - Untitled: Undisputed exclusive ‘possession’ ownership with a registered survey (or ‘plan’) of the property. This is the most generally encountered level of ownership in rural Costa Rica, where a person possesses a bill of sale (‘carta de venta’) made out to them by the previous owner, along with a registered survey of the property. The carta de venta is a legal document normally written up by an attorney that transfers possession rights from one party to another. This is a necessary document for any purchase of real estate, and should be done by a licensed attorney and recorded in their protocol book, which is thereby put into the public record and ultimately deposited in the National Registry. The plan is registered separately in the National Registry. These two items together serve as defensible proof of ownership and are sufficient for most Ticos and foreigners alike, though it is not quite as strong as having fee simple title.
Bill of Sale (Without Plan): This is a situation where the current owner possesses only a bill of sale, but no registered plan of the property. There are many properties in the Osa Peninsula falling into this category, usually owned by poor country folk who have never had enough money – or motivation – to have a plan made for their property. If you wish to buy a property from somebody who has only a carta de venta and no plan, it can easily be done as long as some basic precautions are taken. As long as you get a survey registered with your name as owner, there are no existing disputes as to property ownership, and all the neighbors are OK with where the borders go, there should be no problems. You can subsequently process full title for your new property.
BEACH PROPERTY
 Any land that falls within 200 meters of the average high tide mark on the seashore is part of the ‘Maritime Zone’. The first 50 meters you can NEVER have any rights on, as it is public land, period (with a few very rare exceptions). The rest, from 50 – 200 meters above the water line, you will at best only be able to get a legal concession, which is similar in some respects to title. But first there needs to be a Zoning Plan (Plan Regulador), which many beaches still do not have in the southern zone. Even with a concession, you will never actually ‘own’ the land. What most people on the beaches have is a Permiso de Uso (Use Permit). To acquire these exclusive rights, the seller will sign a document ceding their rights to you and, concurrently, you need to solicit your own rights directly in the office of the municipality. Note: At this time, foreigners cannot get these rights directly. They must form a corporation with a Tico and play a little legal game until the laws are changed (which is supposedly in process).
Other important issues to know something about: IDA property, taxes, squatting rights, and forest reserves.
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