Many foreigners that come to Costa Rica whether on vacation or to live in the country for a period of time end up falling in love with the country and many times they choose to invest in land or property .

The problems start after the purchase when the new owner neglects to look after the investment properly, the land is left “abandoned” or “Unmaintained”  to a certain extent and next thing you know squatters take over, or as they are called in Costa Rica “precaristas”.

Squatters usually prefer properties located in rural areas , ideally large size and that have the perfect conditions for them to “set up tents”, in other words, properties with absent owners who usually live outside the country, properties with no fences and no  appropriate maintenance or security. They simply occupy the land peacefully. (Sometimes)

Considering that a person can prove they own the property it is logical to believe that getting rid of squatters would be as simple as demonstrating ownership over the land; but that is not necessarily the case, Article 279 of the Costa Rican civil code separates ownership from possession, and establishes possession rights over a property by means of occupation. Which means a person can acquire rights to the property if the owner allows that person to use or maintain possession of said property for more than a year.

A person that has occupied a property for more than a year has already acquired rights over it, and article 317 of the Civil Code states that possession cannot be taken away and therefore the claim must be made in Court as a regular lawsuit.

The owner has rights, of course, but it is important to act quickly, because it is tricky to prove how long a person has been invading a property.

During the first three months of occupation the eviction can be done without the need of going to court. The owner simply needs to notify the local police about the situation, bring all necessary ownership documentation and preferably proof of the invasion, (photographs, witnesses, etc.); at this point the police have the obligation of proceeding with the eviction.

If it’s been more than three months since the occupation, but before one year, the owner will need to file a complaint for trespass (usurpación) and start an administrative eviction complaint with the police. There is a chance at this point that the squatter will request compensation for any “improvements” made to the land. (I know crazy right)

In the event a year or more has passed since the occupation of the land, as we said before the only resource is going to court, which consumes a lot of time and money.

One of the best thing to do in order to avoid problems with squatters to begin with is to , try to buy within a gated community or residential area if you are not sure how long it will be before you put the land to use, or if you don’t have the time to maintain it or the funds to keep someone in the property as maintenance and security.
Buy from a developer who offers property management services or works with a property management company who will watch over the land and give it adequate care until your ready to build.

Pay property taxes on time, this will help you keep your property ownership in good standing and avoid further problems. It is very important that the property does not look abandoned with 6ft high grass.

If a person is already on the property when you are in the process of purchase, investigate the situation before sealing the deal.