Legal Affairs

Understanding what rights you have as an owner is important when choosing a property to buy. Below is an excerpt from a guide on "Buying Real Estate in Costa Rica" and "Owning Property in Costa Rica." It is provided strictly for convenience only and should not be used in place of legal advice or counsel. The entire guide in PDF format may be accessed through the link below.

Buying Real Estate in Costa Rica
Owning Property in Costa Rica

Unlike other countries, Costa Rican law makes no substantial distinction between its citizens and foreigners regarding the rights of ownership of any kind. Anyone can purchase property in Costa Rica, regardless of whether they are foreigners, residents, or citizens and the law guarantees such property ownership rights. There are however, several different types of property available to buyers and it is important to understand those differences. Restrictions apply to certain types and being aware of and understanding these restrictions and how they apply is imperative for the prospective buyer.

Properties in Los Pelícanos

Fee Simple (Titled Property)

The most straight forward form of property ownership in Costa Rica is fee simple (titled) ownership. The conditions for this type of ownership are the same for Costa Rican nationals as they are for foreigners. The concept of fee simple ownership gives the owner of the property the absolute right to materially own the property, use it, enjoy it, sell it, lease it, improve it (i.e. transformation), etc; subject only to conditions outlined in the Costa Rica Laws.

All properties that have an owner, according to law, must be registered in the Public Registry. All the information regarding a titled property including the current owner, the survey plan, the size and boundaries of the land, and any liens against the property can be found in the Public Registry (all information registered in this institution is of public use for owners and buyers safety).

Fee simple also means that if the owner is obstructed from enjoying any of his/her rights to the property, he/she has the right to be made whole, in other words, have the property restored to its original condition. Buyers who purchase fee simple title have the most rights under the law to enjoy and use the property as they see fit.