Navigating Squatter’s Rights in Costa Rica: Protecting Your Investment with Confidence

by Quatro Legal Real Estate Team | Oct. 31, 2024 | Video, Real Estate

Are you considering investing in the beautiful landscapes and vibrant culture of Costa Rica? It’s no secret that the allure of this stunning country is attracting investors from all over the world. However, one important consideration you might face is understanding and navigating squatter’s rights, or “usucapión.” But don’t worry, we’re here to guide you through this process with both expertise and empathy, ensuring your property stays safe.

 

Understanding Squatter’s Rights

In Costa Rica, squatter’s rights, officially termed as “usucapión” or “prescripción adquisitiva,” can allow a person to claim ownership of a property under specific conditions. This might sound daunting, but it’s essentially the legal process enabling someone to take ownership after possessing a piece of land continuously for a set period.

Let’s take a closer look at what this means. For someone to assert these rights, the land must be privately owned and tradeable. A squatter, on their part, needs to hang their hat on certain key stipulations.

 

The Essential Conditions

1. Good Faith Possession:

The squatter genuinely believes their claim to the land is valid. This could stem from situations where they believed they had bought the land from someone appearing to be the rightful owner.

 

2. Continuous Possession:

The land must have been inhabited uninterruptedly for at least ten years. If the rightful owner attempts to reclaim their property and is successful in removal, this period can be interrupted.

 

3. Public and Peaceful Possession:

Living openly and visibly on the land is crucial—no hiding! The squatter must demonstrate they are the ones in control, without any secretive conduct.

 

4. Proof of Possession:

This includes visible investments such as property improvements, tax payments, or any substantial evidence indicating continuous use.

 

Protecting Your Property

Not to worry—keeping your investment secure is entirely possible! Here are a few tips:

Frequent Monitoring:
Whether it’s through a trusted caretaker or regular visits by someone you trust, keeping an eye on your property is invaluable.

Mark Your Territory:
Fencing and gating your property while marking boundaries helps reinforce your ownership.

Install Security Systems:
Particularly if your property is remote, security systems provide an added layer of protection.

Stay Compliant:
Make sure your property taxes are up to date and, if applicable, your corporate status is in good standing. Squatters often look for lapses in these areas before claiming occupancy.

 

We’re Here to Help

At Quatro Legal, we’re excited to be your partners in navigating these complexities—it’s what we do best! If you have further questions or need personalized guidance, visit our resources page. Can’t find what you need? Just drop us a message, and we’ll tailor a blog or video to suit your query.

Thank you for trusting us over the past nine years. Let’s continue this journey together, confidently and securely!

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Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.

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