Possible change in Servidumbres?

[CountDown]

A friend's architect recently told her that Costa Rica law is (or may be?) changing such that servidumbres (e.g. private access/service roads) will become public roads. I have searched online in general as well as La Gaceta and have found no reference to such a change.

 

The architect told her that it would prevent adding barriers (e.g. security gates) and would mean the removal of such gates on current servidumbres. Since most private roads shared by more than one property owner are defined as "agricultural servidumbre" it would potentially affect the security of many homes and housing developments.

 

Again, I have found no reference to such a change online and the explanation is second-hand from someone's architect (although I'd heard it mentioned in passing previously.) So I'm posing the question to the forum in case someone can conclusively confirm (or reliably conclude it is an "urban myth.")

[costaricafinca]

A friend mentioned this to us, a few months ago, regarding their property, but if I recall correctly, wasn't this on one of the online papers recently?

I found this Municipalities would approve residential access

[ciclista]

Around San Jose there are many public roads where the local residents have erected their own gate(s) to their neighborhood, complete with a guard, in an attempt to protect themselves. I think I've read that the government wants to do away with these unofficial gates.

[CountDown]

Thanks CRF, that seems relevant (and from a year ago! You have an excellent memory!) I recall issues of impeding access to beaches but hadn't see that article about guard shacks. That rather defeats the purpose of a "gated community."

 

The part about "chains or gates" being used for "surveillance" rather than impeding entry seems nebulous. Particularly if there is no guard shack, as is the case with many folk way out in the country.

 

So two farmers way out in the country, who share a common entry (servidumbre) to their properties, may be required to let anyone cruise up their private road. Hmmm... and ciclista has it mirrored in the city.

[ReevesTribe]

ciclista - I think you & I probably read the same article. I think someone was denied access into a neighborhood with a guard/gate that was erected on a public road into the neighborhood. The person filed a lawsuit & I want to say it was going to the Sala for a decision? This would definitely affect neighborhoods as well as gated communities because I know many of these have guards/gates but the legal record has the roads entering designated as public roads.

 

As for removing the designation for a private road into a public road & forcefully opening access to these properties...well, this would be just another move towards making the lack of security worse in Costa Rica, IMHO.

[Epicatt2]

A friend mentioned this to us, a few months ago, regarding their property, but if I recall correctly, wasn't this on one of the online papers recently?

I found this Municipalities would approve residential access

 

That would be measure, No. 17116 approved on Thursday, Oct 21, 2010 and should have been posted online in La Gaceta shortly after that date.

 

HTH

 

Paul M.

==

[DanaJ]

ciclista - I think you & I probably read the same article. I think someone was denied access into a neighborhood with a guard/gate that was erected on a public road into the neighborhood. The person filed a lawsuit & I want to say it was going to the Sala for a decision? This would definitely affect neighborhoods as well as gated communities because I know many of these have guards/gates but the legal record has the roads entering designated as public roads.

 

As for removing the designation for a private road into a public road & forcefully opening access to these properties...well, this would be just another move towards making the lack of security worse in Costa Rica, IMHO.

 

How did this sneak thru? We know a Tico family that lives on a residential finca, with several houses on it, and they HAVE to keep it gated at night, or things get stolen or broken into. Its usually not a problem during the day, as people are about and watching out for each other. They will not be too happy, they have already had a truck & moto stolen.

So, what if they refuse to take down the gate and keep it locked at night, will there be any penalties?

Dana

[CountDown]

Remember, this is still vague. Nothing in the article mentioned servidumbre, just guard shacks controlling access to residential areas. It didn't clarify if "residential areas" were public streets or private access roads.

 

Dana, your example is exactly why I posed the question. Is the residential finca served by a public road or private? If "free transit" only applies to public land then the question would be whether a servidumbre is public or private. Otherwise "free transit" might mean walking through your front yard (or living room!) Do property owners served by a servidumbre have the right to control access to their property?

 

The article that CRF provided doesn't answer the question. Costa Rica is inundated with creative (and conflicting) laws that are unenforced. Unless the Municipality or other organization (e.g. ICE, fire dept, police, Sky, AyA...) takes issue with the gate on the residential finca it likely isn't a problem.

 

The important thing is knowing that this question exists and perhaps getting a definitive explanation.