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Real Property Law
Costa Rica’s real property system is generally sound. The legal framework is mostly clear and coherent. The main problem arises from the registration procedure and the inconsistency between the legal information found in the Real Property Registry and the Cadastre. Although awareness of the problem exists and some changes are under way, bureaucratic hurdles hinder immediate reforms.
Zoning, squatter rights, and expropriation are reportedly typical problems. Some efforts are being made to diminish the impact that those problems might have in the business community. However, the solutions are not sufficient and the problems remain.
Long and uncertain judicial procedures further inflame existing problems. ADR mechanisms exist and are being promoted. However, Costa Rica’s real property system still draws the criticism that “[p]rivate property is not entirely safe.” Property protection is a vital component to any market-based economic growth and therefore these concerns must be addressed.
Currently, the key opportunities for real reform in Costa Rica’s Property law lie in consensus-building, institutional assessment and strengthening, and judicial and legal reform.
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