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Hi

I have a squatter (precarista) issue.

there is a vacant lot below me, and its been abandoned for years. The guy who does gardening for gringos in out Bario, tore down part of the brick wall years ago.

Now he plants squash on the property. Now a couple weeks ago, a squatter moved in a built a bad word shack. It looks like hell and can be seen from my house. It will make it harder to sell my home and lowers its price. I'm worried that other squatters will move in and make a shanty town out of it. The noise level here has gone up and its not "Pura Vida' any more....

It has no utilities, he is expanding and has a family.

Many of us in the barrio have gone to the Muni, and done other things, but we cannot find out who the owner is.

THe land has been owned by many in the past, now it seems to be owned by a corporation that is listed in the registry as Anonymous.

The Muni will not give us any more info other than the corp. name and finca no.

 

We are all very ticked, we did not pay 6 figures for our homes just to have the view and value ruined by a squatter. Why should they get free land around us?

The locals here seem not to care, just us Canucks and Gringos.

Even the lawyer who sold me my house says he does n ot know who owns the property. I think he is in on the scam, LOL

any advice?

cause after 3 months, its almost impossible, even the owner would need to take him to court.

thanks

Dennis

 

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56 minutes ago, David C. Murray said:

. . . . try going directly to the local police  . . . .

Yes, and it it a time-critical situation.  Eventually over time they can gain rights to remain on & even own the property.  Too bad for the owner –and for the neighbors!

It is imperative that you act quickly because the longer that the squatters remain on that property the more rights CR Law allows for them  to stay there, eventually permanently!  You would likely benefit from engaging a lawyer if the local police won't remove them.

You might also want to contact ARCR and ask for some suggstions for how to proceed.  But do not dawdle about dealing with this.  During the first several weeks of 'occupancy' is the easiest time to dislodge squatters.  Again, don't dawdle!

Good luck!

Paul M.
==

 

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Paul's right about acting promptly. In addition, it should be noted that any "improvements"(very broadly defined)  that squatters make to the property may become liabilities for the property owner. That is, s/he may have to pay the squatters for whatever they've built, cleaned up, installed, etc.

This is a frustrating situation for all concerned. It appears that the spirit of the law says that unused property should be available to those who need it. Think about a poor,  hungry family who finds a piece of vacant land where they could live and grow crops. If the owner isn't using the property, it lies idle while the family goes without. What's the fairness in that? 

 

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thanks,  yesterday the squatter cut down some big trees that were a diveider between the 2 properties. I am ticked. Myself and others have gone to the Muni, the police, health dept. everywhere.  No luck,  We finally went to the mayor, he made an exception and told us the name of the owner , but he died, but we now have the name and email of the heirs and the lawyer of the estate. I hope we can contact them.

 

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??  what is the fairness in that?  The fact is that the property does not belong to the squatter. It is not right. It is not fair that most of us here paid 6 figures for nice homes and a view and why should we turn our barrio into a shanty town. I do not think that is fair.

 

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last night I noticed that far down in the corner of my lot, ?  The squatter cut down a few large trees, that were a dividing line between my property and the land the sqautter is on.

now I have lost some trees and my privacy. I cannot prove they were on my propertty but they still were an obvious divider, and if not on my land, it would be inches within at least.

He can now see up into my bedroom.

I bought my home because of the view and the privacy.

Today he has a friend over and is building more.

very frustrating.

I'm filing a police report about the trees monday,

but that will not get him off the property.

that sure is not fair.

oops, I see I said some of this already in an earlier post,

another gringo here said he is getting a Muni building inspector to come over and give him a hard time.

 

 

 

 

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Do not delay Dennis!   This is a problem which needs to be dealt with immediately.

A squatter gain rights to a property by 1] the amount of time s/he is on it AND,  2] if they've made any 'improvements' to the property.  

Cutting down trees is considered by the CR Govt. to be an improvement even if you don't consider it so.  Furthermore to retrieve one's squatted upon property from squatters who have made such 'improvements' one must pay the squatters for those 'improvements.'

Do not Dawdle, Dennis! / Do not wait 'til Monday!!  Take action now and it is probably highly advisable to get the advice of an attorney whom YOU trust implicitly.  You must protect yourself and your property, ASAP.

Fingers X-ed!

Paul M.
==

 

 

 

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thanks

we know we have to act fast.

but we have been working everyday. we've been everywhere. we are trying to find out the name of the heirs to the owners estate. Only the owner can have the police remove the squatter. We are now going to the building inspector. We have talked to lawyers also.

as to 'improvements to the property?'

maybe I was not clear..

, the trees were on MY property. so how could cutting those down be an improvement to the property the squatter is on?  that makes no sense.

and I am filing a report on the tree cutting on monday, cannot do it tomorrow as it has to be done through Fiscalia (Lower Court)

 

thanks

Dennis

 

 

 

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Dennis,  it might help a little if you could project yourself into thinking like a squatter does; he is a tico after all.  That could help give you some insight and or ideas for how to proceed.

And cutting down your trees on your property could, in the eye of CR law, actually be tantamount to improving a part of your property for the squatter's use even if it appears that part or all of a property is being used by a squatter without any protest from the owner. In such an instance a takeover of it can eventually be effected.

The building inspector should be able to tell you where la Muni is and taxes do have to be paid on a property.  The Registro would be another place to check.  You know your own propertiy's ID numbers and from that you should be able to find the adjacent property and its registered owner.

HTH

PM
==

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I think it's pretty universal that every barrio has an "inspection" committee or some such. If you can contact that person or group in your barrio, you can lodge a complaint with them and they, in turn, can lodge a complaint with the Ministry of the Environment regarding the trees that were cut down. Costa Rica takes a very, very dim view of felling trees. One of the locals did so on some friends' property and the inspection committee found out. They and MINAE made our friends replace all the trees and buy the local MINAE office a computer as a good will gesture. This saved everyone a court date. So the local inspection committee does have some pull.

A problem you face, doppelt, is that while the condition of this property that adjoins your own clearly does have an impact on your enjoyment, and maybe on the value, of your property, since you do not actually own the property that's being squatted upon, I'm not sure you have any standing to act on what's going on there. If this squatter were squatting on your own property, you'd be well within your legal rights to complain, but since they're not affecting your property in a direct, physical way (except for felling your trees), I'm skeptical that you can force any change. 

Costa Rica's land use restrictions are pretty lax. If the property in question were being used as a hog or chicken farm, or maybe as an auto body repair shop or a noisy bar, I don't think you'd have much choice but to put up with it. Those are legitimate uses. As Paul noted above, squatters do have some rights and legal protections, and since this guy isn't squatting on your property, I'm not sure you have much say about what's going on next door. It may even be the fact that the owner of the property actually welcomes or at least knowingly tolerates this squatter's presence and activities. Do you know otherwise?

A neighbor of ours was considering selling a property adjacent to ours for a chicken farm. That would have been perfectly legal, but I told them that if they did, I would start raising free-range foxes. That may have tipped the scales in my favor. So far, no chickens. 

 

Edited by David C. Murray
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23 hours ago, Derrick102 said:

David are you looking for fairness? Look at the fact that a large portion of the "squatters" here are the paid type...

Derrick, please elaborate on the quote above. How do you know that a large portion of the "squatters" here are the "paid type"? Are there records you've consulted? Which records? And who pays them? And how much are they paid? And for what purpose? 

Of all the squatters in Costa Rica, what are the percentages of "paid type" squatters and whatever the other type or types are?

Please break down the numbers for us. You are asserting a known fact, right?

 

Edited by David C. Murray
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thanks

I read all that, and I realize that because the squatter is not on MY land, makes it difficult to do anything. Please realize, that until you have been in this postition?  I am not the only one in the Bario ticked off about this. What makes it hard is that the owner is dead, and we are having trouble finding his heirs. The taxes have not been paid for 4 years.

We want this guy gone.

We wish we could buy the land ourselves.

We do nt have an 'inspection committe' in our barrio,

hey.  we have sat with the mayor of Puriscal..

 

anyway

we are talking to building inspectors and searching for the contacts of the heirs of the estate.

will keep you posted.

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