COSTA RICA REAL ESTATE MAGAZINE

Article | Real Estate

Understanding Costa Rican Law: Guidance for Foreign Investors and Retirees.

Up Close and Personal: Lic. Casimiro Vargas

Today, we are privileged to have Licenciado Casimiro Vargas (Lawyer and Notary Public) of CV Firm which has more than 60 years of experience helping their clients to successfully navigate the intricacies of Costa Rican Law. Taking full advantage of his expertise, we will look for answers to some of the most frequently asked questions by those individuals who are seeking to retire, relocate or invest in Costa Rica.

Lic. Vargas, probably the most frequently asked question is regarding the Judicial system that is in place and how solid and secure it is. Also, if a fo reign national can acquire pro perty and have all the same rights and legal security as a permanent resident or a citizen of Costa Rica? Yes, the judicial system in Costa Rica is safe and solid. Unfortu nately, as in any country, many things are not resolved in a ma tter of weeks or months as one would like due to the Court’s wor kload of pending matters, but in principle, the decisions that the Judiciary makes can be trusted. And as for the second part: The Constitution of Costa Rica indica

tes in the first section of article 19 the following: “Article 19.- Foreig ners have the same individual and social duties and rights as Costa Ricans, with the exceptions and limitations that this Consti tution and the laws establish.” These exceptions refer mainly to political matters (participating in elections, etc.) and to some li mitations such as the possibility of acquiring land within what is known as the Maritime Terrestrial Zone (200 meters from the high tide line in the oceans and other similar situations). However, they can be purchased if they have been legally residing in Costa Rica for 5 years. There are some other laws such as those that prevent foreigners from applying for social welfare houses or pro

grams to help struggling farmers and others in similar conditions, but these are options that nor mally aren’t in the realm of inte rest for foreigners. In general, it can be said that fo reigners can acquire property in Costa Rica with complete assu rance that their rights will be res pected and protected (since the constitution also guarantees the right to private property). Fur thermore, their other rights and the access to the justice system will also be respected. Unfortu nately, there are discriminatory people in every country, but it is rare in Costa Rica and uncom mon for a Judge or a public offi cial to discriminate against a foreigner. In fact, that would be illegal.

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