Monday, August 10, 2009

How to amend property measurements in Costa Rica?

How to amend property measurements?

A lot of clients have asked us about how to amend their or others properties; basically there are 4 ways to do it: (a) According to article 13 of the Ley de Informaciones Posesorias (Adverse Possession Law) the measurement of properties born before October 23, 1930 and its segregations can be amended by the sole declaration of the owner in a simple deed. Rules and tops: (i) Properties until 5,000 m2, no limit (until 5,000 m2) (ii) Properties from 5,000 until 5 hects (50%), (iii) Properties from 5 hects until 30 hects (25% and (iv) Properties over 30 hects (30%); (b) According to article 22 Ley de Catastro Nacional: measurement of properties can be amended by the sole declaration of the owner, not exceeding 10% of the total area of the property (there are no restrictions for this rule and can be used for all properties) and (c) Using a Adverse Possession Procedure at Court. Of course, this last procedure is long and probably can take around 12 to 18 months. All these procedures will need a new survey plan do be done and an attorney to configure all legal details.

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