Your Attorney

A good attorney is a must! It is imperative that your attorney  is working solely for you!

• For maximum protection, you will want to buy your property with a corporation. You will want to start the paperwork for your corporation immediately as the process can take several months.  We have heard of attorneys charging up to $1,500 just to form a corporation.  Through our contacts, we can arrange for you to obtain a corporation for less than $375 and, when necessary, deliver in 2 weeks.  Write us for more info.
• Use a bilingual attorney if you are not fluent in Spanish. Working through a translator leaves too many avenues open for misunderstandings.
• Explain what you want to do with the property in great detail - Take the time to lay out exactly what you want to do with the property. A good attorney will then know what to check on and what precautions to take. For example, the 10% rule explained at the bottom can really mess up your subdivision plans!
• Your attorney will do all of the necessary standard title search. She or he will review the official public records looking for title inconsistencies, liens, unpaid taxes, and so on. They will also notify you if there are any restrictions on the use of the property, such as easements for utilities, law suits pending for example.
• Your attorney should also make the following checks on your property:
• Ministerio de Obras Publicas y Transportes (MOPT) is responsible for all roads current and planned. Your attorney should check to see if current or future road construction on or near your property that could have a negative effect on your use and enjoyment.
• Instituto Nacional de Vivienda y Urbanismo (INVU) is the main government agency for all of Costa Rica that governs property development. They need to be contacted to verify that your planned use is in accordance with their master zoning plans. They also have the final say so in the development of your property.
• Inquire at the local municipilidad - They can can have different regulations than INVU. Check first to be sure.
• Acueductos y Alcantarillados (AYA) is the department of water and sewers.  They will tell you if water and sewer is available to your property.  If water is not available, you  may be able to drill a well but you need to do more checking with a civil engineer before you can know for sure.
• Ministerio de Recursos Naturales, Energía y Minas, the Servicio Nacíonal de Parques and Direccíon General Forestal - Make sure none of these agencies have any restrictions on your property. If the do, proceed with caution.
• Avoid the 10% Law: If you intend to subdivide farmland with the use of a servidumbre make sure your attorney fully explains the implications.  If done incorrectly, you may loose 10% of your land to the local district or city. (A servidumbre is a passage easement for a road to prevent land locked properties.)
• Lastly, and possibly the most important, ask the attorney point blank if he or she performed all of the above investigations.

Make sure that you understand every thing the attorney tells you about the property.  Don’t make assumptions based on your knowledge of US real estate law because it does not apply down here. Costa Rica is different and it is up to you to make sure you understand what you are buying.