In Costa Rica, the properties are titled and registered
at the Public Register in San Jose. Consequently, all titled land can be
accurately and safely title-searched in order to determine all relevant
aspects on the specific property, such as ownership, liens, encumbrances,
annotations or other issues that may affect ownership rights or the possibility
of transferring the land to a third party.
All
transactions dealing with real estate, including property transfer,
require for buyer and seller to sign a deed before a Costa
Rican Notary Public (whose concept is different than the one in many
other countries such as the United States, Canada or the United Kingdom)
and for such deed to be recorded at the Public Register.
A few simple verification steps must take into consideration
before undertaking any negotiation of land in the country, this verification
includes:
- Verification of the title of land
- Legal representation (if it is not a physical person)
- Liens, encumbrances and annotations on the property
B.) HOW TO PURCHASE LAND
Real Estate property can be owned either on a personal
capacity or through a corporation. Although, foreign ownership is fully
permitted, it is advisable to purchase property through a corporation. This
structure allows having flexibility and more predictability on areas regarding
real estate planning, tax management, and representation.
When the property
is owned by a corporate entity, it is necessary to perform a corporate search
at the Commercial Section of the Public Register. This procedure will allow
verifying that the entity is in good standing and that the proposed signatory
of the transfer deed has sufficient capacities to do so.
Purchase to portions of land is also possible in Costa
Rica. It is required a registered map to purchased, properly authorized
by the local government (municipality) where the portion of the land is
located. It is recommended to purchase real estate property with a specialized
firm in the acquisition, development, financing, sale and leasing of commercial,
residential and beachfront real estate projects.
C.) CONCESSION LAND
Several areas of the country are not subject to private
ownership; the possession of these areas is granted as a concession for
a period of time. This can be compared as a lease with our government.
Usually, concessions are extended under Maritime Zone
Law. Also, it is also possible concessions on protected areas (ecological
protection). Concessions need a special process before the authorities,
which varies depending on the type of concession granted. This kind of transaction
should be used with extra caution. In the case of foreign people concessions,
also have particular regulation that prohibit in some cases grant the concession;
some specific cases mention in the law are:
- To foreigners who has not residence in the country for at least
five years
- To corporations with cash shares
- To corporations or entities not establish in Costa Rica with a national
address
- To corporations form in Costa Rica only by Foreigners
- To entities which its stock shares are hold in more that fifty percent
to a foreign owner