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Living in Maitri Park
Buying Real Estate
The natural beauty, pleasant climate, and friendly
people of Costa Rica are luring investors from around the globe. The
purchasing of Real Estate is one of the first and most expensive
decisions investors will make, and professional advice and assistance
from a knowledgeable and professional Real Estate Broker is the best
assurance of a smart decision and a safe investment.
Land values in Costa Rica have been steadily rising over the past 10
years, and there is every reason to believe it has only just begun for
this tropical destination. Costa Rica’s past growth, and obvious
future growth ensure that Real Estate investors will continue to enjoy
an excellent return on their investments and re-sale market, both in
terms of increasing land values, and an ever-increasing amount of
qualified buyers.
Ownership of Land
Costa Rica’s laws and constitution, based on a well-developed
tradition of Democratic government, include secure property rights for
the private ownership of land. These laws are extended equally to
foreigners as well as residents. Neither citizenship, nor residency,
or even a presence in the country is required for land ownership.
Land Records
Costa Rica boasts a safe form of title registration to protect buyers
from hidden claims. In many ways, the Costa Rican system of
maintaining property records is superior to systems in use by more
developed countries, such as the United States. All documents are
centered in the National Registry, where both titles and surveys are
recorded. Records are kept in a central computer system as well as on
microfilm, and in original form. Any change in the status of a
title, or any claim that might affect it, must also be noted on the
title registry page, thus making it easy to verify.
Those who purchase land in Costa Rica should get professional advise,
which includes a thorough search of the title in the Registry, so as
to confirm there are no liens or encumbrances on it, and to establish
its proper ownership. Once the deal is completed, the purchaser should
receive documents to prove the sale was registered in the Registry.
Purchase Contracts
Costa Rica’s legal system is based on a "civil code" system, as
opposed to a "common law" system like that of the United States. Under
Costa Rica’s civil code, there is less interpretation of the law by
judges, because the civil code is more restrictive. For this reason,
land contracts in Costa Rica are far lass comprehensive than the
common law contacts most foreigners are used to. Under the civil code
system, the contact covers only what is not regulated by law, and thus
can be very simple.
In Costa Rica a land purchase contract is achieved through an "option
to purchase". An option to purchase gives the buyer the right to
purchase a described property in a set amount of time. Typically
10-20% of the purchase price is paid to the seller through a broker or
attorney (after verifying the property can be legally transferred),
for the purchase of the option. Most closings can take place in a
matter of days if the property is already registered in the National
Registry; however, most options are written for 30-90 days.
Beachfront Regulations
The most desirable and expensive land in Costa Rica is beachfront. The
majority of coastal resorts are located on the beach in what is known
as the "maritime zone" or "zona maritima". The maritime zone is a 200
meter wide strip of land running parallel to the coast, starting at
the high tide line. This 200 meter strip is divided into a 50 meter
strip closest to the shore ("inalienable zone") where no development
can take place, and the remaining 150 meters, which can be leased from
the local municipality, and developed after the filing of a regulatory
plan with the government.
Most vacant beachfront land does not have a regulatory plan filed, as
this is usually done just prior to development of the property. The
regulatory plan is the most time consuming and costly phase of
obtaining the land lease, known as a "concession", and is best
accomplished through professionals. With proper planning, a concession
can be obtained during the time that the proposed development is in
its planning stages. For those interested in developing land within
the maritime zone, professional assistance is a must.
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