Landowner Concerns in Costa Rica
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Squatters
The
greatest worry for investors and land owners is the problem of squatters,
also known as precaristas. Before investing in land or a home in Costa Rica,
knowledge of the legal procedures, along with due diligence, is necessary
to maintain one's property rights. Written into the Civil Code are numerous
passages that deal with the rights of possession that are reminiscent of
the earlier days of agricultural reform. Such clauses tend to favor the small,
poor land-holder by upholding de facto "squatters rights". For a detailed
explanation of squatters and eviction proceedings, see our article on:
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Tree Robbers
Commercial
wood is a valuable commodity. If your property appears abandoned or uncared-for,
you may return and find that your teak, pochote or melina trees, among others,
have been harvested. And those who are stealing trees are generally not concerned
about the condition in which they leave the property. They cut down the big
trees, and often leave devastation in their wake.
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Fence Encroachment
It
is actually more common than many people realize for their very own neighbors
to have fencelines re-built which are improperly placed, and which could
take over a portion of your property. You may return to find out that your
lot or finca has shrunk considerably!
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Livestock Invasion
Cattle
and horses love to graze. Especially on the "other" side of the fence. If
you have fruit trees, they can smell them a mile away. If your fences are
in disrepair, neighboring livestock will find a way through, and can create
more damage than a bulldozer!
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Campers, Tourists and Transients
Especially
if you own a lot near a beach or tourist area, many transient workers and
tourist campers look for unoccupied lots for temporary shelter. Campers and
transients cause damage by depositing large piles of garbage, cutting branches
for firewood, and leaving unattended campfires.
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Preventive Measures
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The Key to Protecting Your Property
is Land Owner Vigilance
Deterrence
and early detection of problems are your best bet. Although there are no
foolproof, preventive measures for eliminating the above discussed problems,
there are a few somewhat helpful steps that can be taken.
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Deterrence and Prevention
The
property should not appear abandoned. It should have well-maintained fences
and no-trespassing signs posted with the owner's name.
At a minimum, have underbrush cleared and plant fruit trees or
shade trees. These are positive signs of improvement to the property and
indicate continuing land owner activity and interest.
The most secure (and most expensive) precaution is to hire a caretaker
for the property. Great pains should be taken to secure a reliable caretaker,
as well as another individual or company who can monitor the caretaker.
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Early Detection
Have
a reliable individual or company make a thorough inspection of the entire
property on a regular schedule. Early detection of invasion is extremely
important, with swift commencement of eviction proceedings.
Have a reliable individual or company take regularly scheduled
date-stamped photos of the property. Photos are the most crucial piece of
evidence of the duration that squatters may have been on the property. If
the squatters claim to have been there for over a year, and yet you have
evidence showing that they were NOT there last month, you have a leg-up in
court.
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History, Receipts, Records and Evidence
As
with any investment, it is important to keep your receipts and records, and
stay vigilant. Any or all of the above measures can deter invasion by would-be
profiteers, simply because the signs exist which indicate owner diligence.
But if all else fails, make sure you have all of your bases covered. It doesn't
take much to prove to the court that you, yourself, were continuously cultivating
and improving your land - just plant a few tree saplings each year and have
a minor fence repair occasionally, keep receipts and records and take photos.
It is not uncommon for the caretaker himself to squat on the land that he
is paid to protect - many cases of caretakers being "allowed" to live on
the property (even while the owner is in residence) have ruled in favor of
the caretaker having property rights! The easiest way to avoid such a problem
is to register the caretaker as an employee, which entails paying minimum
wage and social security. One should also demand signed receipts from the
caretaker as proof of payment.
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