How to Prevent Squatters from
Claiming Rights to Your Property
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Technically,
squatters (also known as precaristas) can only attempt to gain legal rights to a non-maritime property
by peacefully occupying non-cultivated, unimproved agrarian land over an
extended period of time. The difficulty of maintaining one's rights over
those of the squatters is due to the nebulous nature of the law and what
legally passes as "non-cultivated" or "unimproved" land. It can be equally
difficult to establish the duration of the squatter occupation, which is
a crucial piece of evidence in the eviction process. It is imperative to
understand that, according to the law, in case of doubt, "good faith" is
presumed on the side of the squatters.
There are legal steps that can be taken to rid one's land of squatters. Procedurally,
the eviction process is divided into three phases. The first phase is the
eviction of squatters during the first three months of occupation. Such early
discovery is key, as during this period one need not go to court. Theoretically,
one need only alert the local police, who are then obliged to evict the squatters.
The catch is that it can be extremely difficult to get the police to carry
out their duty, and if one is not in the country, actual eviction is very
difficult to verify. Even though eviction within the first three months is
a rather straightforward procedure (at least in principle) early recognition
can prove to be difficult if one is not residing on the property.
The second phase is after the initial three months of occupation but before
one year. If squatters are "allowed" to squat on property for this duration
of time, one must go to the courts and start the process of "administrative
eviction". Any court action in Costa Rica is extremely slow, and seldom does
this procedure actually come to a close before the one-year time period.
Therefore, you are often stuck with continuing on to the third phase, because
the squatters have occupied the property for more than one year!!
The third phase is continued occupation for more than one year. According
to the law, squatters have then achieved a "legal assumption," and the owners
must go through an ordinary lawsuit process. In order for the court to grant
the actual property rights to squatters, they must prove that they have been
on the land "uninterrupted," "non-challenged" and "peacefully" for ten years.
Perhaps this is not the case, and you have proof that the squatters have
no rights, but you may spend several years trying to get it all taken care
of in the courts. If the squatters can prove that they have made any improvements
to the property, a landowner may have to re-imburse them for the court assessed
value of these "improvements". It is no wonder that many landowners have
paid off the squatters, just to remove the problem and prevent years of headaches
and court costs. If a property is in the courts with squatter disputes, it
is all but impossible to sell, because a potential buyer does not want to
take on the headache, either. However, the "paying-off", or settling out-of-court,
with squatters has only exacerbated the problem country-wide. Anyone with
an idea of getting an easy pay-off will come along and squat land, even though
they are well aware that eventually in court, they might not gain any rights.
So squatting is a profitable occupation to the squatter whether he actually
gains property rights or not.
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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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