Are there restrictions on foreigners owning land in Costa Rica?
No. Foreigners who buy land in Costa Rica have the same constitutionally protected
rights as Costa Rican nationals. Some countries, like Canada, have Foreign Investment
Protection Treaty programs that further protect investments in Costa Rica.
What are my property rights in Costa Rica?
Based on long-standing Democratic government, the Costa Rican laws and constitution
guarantee secure property rights for the private ownership of land for all
land owners. Neither citizenship, nor residency are required
for land ownership.
What is
Fee Simple property?
Fee Simple
is defined the same
in Costa Rica as in
the U.S., Canada, and Europe. It gives the owner absolute right
to materially own the property, use it, enjoy it, sell it,
lease it, improve it,
and more - subject
to conditions outlined
in
Costa Rican laws.
What is the Public Registry of Properties?
This safe form of title registration protects buyers from hidden claims. The
National Public Registry of Properties contains records for titles and surveys
of properties. Records are kept in a central computer system, on microfilm,
and in original form. Duplicates are updated daily and sent to separate locations
for safekeeping. All property in Costa Rica should be registered in the Public
Registry of Properties, whether the property is fee simple or another property
type. Through this registry, your attorney can confirm that the seller has
ownership of the property, and can determine if there are any restrictions
on the property before your deal goes through.
What are
folio real numbers and Catastrals?
Each property registered in the Public Registry
of Properties has a unique property identification number
or Folio Real number. The first group of numbers indicates
the province, the second group of six numbers is the number of the property
itself,
and the last group indicates how many owners the property has. All properties
must have this number for clear title to be obtained. Each registered property
also has a survey plan, or Catastro. To transfer, mortgage, or acquire property,
the survey plan must be recorded at the Public Registry of Properties.
Can I obtain title insurance?
International companies such as Stewart Title and Fidelity Life offer title
insurance in Costa Rica.
Can I obtain property insurance?
Yes, it is easy to obtain property insurance in Costa Rica. There is only one
insurance compancy, the INS (Instituto Nacional De Seguros - National Insurance
Institute). This is mixed enterpise with majority government ownership. You
can buy insurance directly from INS at various offices or from a registered
agent. The cost is the same but a responsible agent can help with advice
if you ever have to file a claim. It is also a good idea, if possible, to
get insurance from abroad that will cover your Costa Rica real estate assets.
Is financing available?
Financing is typically easier and interest rates are lower
in your own country. However,
if you have excellent credit, you can find financing in Costa
Rica. Some banks
offer financing (typically between 40 and 50% of the purchase
amount) to foreigners.
Can I get together with other people
to jointly buy a lot?
Yes. There are many ways you can own a lot: individually,
in partnership with friends or relatives, or in combination
with your company.
Will I have to pay property taxes and
closing costs on my lot?
Yes. Yearly property taxes in Costa Rica are very low, only
1/4 of 1% of the registered or declared property value (0.0025%).
This declared value is a common law practice in which the
value according to the government is almost always lower
than the actual sales price.
Also, certain standard closing costs
are required
in Costa Rica to transfer the title of property from
the seller to the buyer, and this is always paid by the buyer.
Closing costs include: (1) Real Estate Transfer Tax,
which is 1.5% of the registered value of the property
on the
deed;
(2) Documentary Stamps, which total approximately 1.25%
of the registered value; (3) The Notary Fee, which is
1.5% of
the first million Colones and 1.25% on the balance of
the property sales price. This means on the purchase
of a $100,000
property, closing costs would be approximately $4,250,
and
the property taxes $250 per year or lower.
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