Garland Baker has a wealth of knowledge, that's for sure. Like on the topic of squatters. In 2004, he wrote this article explaining how…
Possession is more important than ownership
By Garland M. Baker
Special to A.M. Costa RicaOwning property in Costa Rica is much more than just having a deed. Possession is nine-tenths of the law in this country.
Most people believe it is a simple procedure to buy a piece of land in Costa Rica. One just needs to have an attorney check to see if the catastro, or plat plan, exists in the Registro Nacional, Costa Rica’s national registry of properties, and check to see if the property is free and clear of liabilities and other encumbrances, then sign a legal sales document to transfer the property from the seller to the purchaser.
In reality there is much more involved if you want to be sure your rights are protected.
First of all, catastros, plat plans, are sometimes wrong. They do not match the property being purchased. The reason being, most plats were made many years ago … continue reading here.
For a little icing on the cake, read today's A.M. Costa Rica. Even though I report bad news, I'm not saying, "Don't buy Costa Rica real estate." There are some good deals out there these days, we are looking… thinking about buying cheap Costa Rica property, thinking about selling (as in working the market). For us to buy, the deal has to make sense. As in better-to-buy-than-rent sense. So far I haven't seen that, but I have my eyes open. These days, it's more and more likely to happen.
If you are going to buy Costa Rica real estate, educate yourself so you can buy it smart. Read everything you can on the topic, including blogs (see the Costa Rica Expats & Blogs column, right side), books (below for starters) and online news sites (A.M. Costa Rica, Garland's site and Tico Times in English, La Nación in español.) Talk to as many people as possible who've walked a mile in those shoes.
And here's the critical detail: don't trust anyone until they earn your trust. Then remain suspicious. Costa Rica's legal system can so easily be made to work against you by those more familiar with the nitty gritty. Once you are here, in the door, fluffing the nest, the life is good. With a little preparation, you'll be able to enjoy it!
I always read as much as I can about these matters. But lately, I am reading more negative things about Costa Rica from all quarters. Blogs and other web sites with message boards all talk more about crime these days.
Since my first visit two years ago when I purchased a property, I have known about crime and squatters. The squatter problem is easily dealt with by use of a care taker and the Acuerdo de Mera Tolerancia, which I had drawn up a month after I bought the land. The crime thing was also an issue I had to come to terms with at that time. I knew I would have to deal with it and that would involve a good high wall with concertina wire and somebody to watch the house when we were gone. I settled all that in my mind and moved on. Or so I thought.
Now this theme is being revisited in spades by many of the sites I visit. I am not sure if this is due to actual and substantial increases in crime and squatting or if maybe it is due to increased perception of these problems.
I am told there are phases that expats go through as they settle in and adapt (or not) to their new country. Perhaps the perception and warnings are more forthcoming now because many of the bloggers have reached a particular phase simultaneously.
Or perhaps not. Another site I visit is run by a gentle man who has a real estate business (We Love Costa Rica). He presents a less negative take on the crime and squatting problem. I tend to sympathize with his view while bearing in mind he has a business interest which may or may not bias his position. I am wondering if you personally know anyone who has had a problem with squatters.
I don’t think of my take as negative. These are facts. And I’ve voted with my feet.
From everything I’ve read and experienced, crime has apparently increased in Costa Rica compared to the good old days of a just few years ago. But it’s increased everywhere. And I think it will increase or decrease everywhere in direct relation to the economy. Of all the places we could choose to live (and the topic has come up more than once), Costa Rica’s peaceful nature wins today.
There are other forces at work on the information superhighway: the proliferation of bloggers in the last few years and the exponential growth of the internet makes all information on all topics more available.
The real estate market has boomed over the last few years drawing more money, more investors and more people with money to Costa Rica. More people = more opportunity for crime. More big houses and fancy condos attract more attention. Hummers, Ferraris, Mercedes… these all attract attention. Bottom line: more people = more crime.
I know several people who have had direct experience with squatters on their land, two friends who are currently dealing with the problem.
One has lived in Costa Rica 40+ years. He inherited land from his father who did not pay attention and squatters moved in. A huge lot of squatters. This is not land my friend lives on; it is an hour from his house. He has been in court with them for years, shots have been fired. They keep a respectful distance from each other. Funny, these squatters are being threatened by another group of squatters who are now claiming rights to the very same patch of land… it’s all very confusing to me even though I’ve heard the tale a few times. But now the first squatters want to settle with my friend for fear the second group will be able to toss them out…
My other friend moved down here two years ago and bought about 100 acres. There were no squatters when they bought it but between the time they closed and the time they moved down, a family tried to move onto a far corner of the property, saying they’d been improving it for years and so had rights to it. They have “proof” – manufactured, believes my friend, by an attorney – and now they are all also in court. My friends are furious and disheartened, but not enough to leave. They have hired several hands to keep an eye on this corner and keep removing any “improvements” (fencing and lean-tos mostly) that the family keeps trying to install. But my friends can’t fence it and keep the family out forcibly until the lawsuit is settled.
I don’t believe, proportionally, that many people have a problem with squatters. But you clearly must take the precautions you have taken to prevent it. Otherwise, your life could be all about the squatters and little else.