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Stung by Squatter Law

Posted: Thursday, February 02, 2012 - By Abdulsamad Abdullah

Dear Tico Times:

This message is meant for Costa Rican President Laura Chinchilla: I bought agricultural property (40.5 hectares) in Medio Queso, Los Chiles, in the Northern Zone, 17 years ago from Arlo Farms and the Arias family. For the past 12 years, after Arlo stopped maintenance on the land without informing me, the property has been in the hands of squatters, and there is no way, according to Costa Rican law, to remove them. 

I would like to suggest that the government buy the land from me and redistribute it among poor and landless laborers, if the laws of Costa Rica do not allow me to possess it anymore. 

Costa Rica is known to be a peaceful, friendly and democratic country. This peculiar squatters law – unheard of anywhere in the world except in Costa Rica – surely will ruin your friendly reputation as a country that is perfect for investment. I hope President Chinchilla and the government will help me (a foreigner who lives some 20,000 kilometers away). 

I really need to find a way to recover my lost investment in your country, which was a significant amount. All the lawyers I consulted in Costa Rica informed me that it is impossible to eject the squatter. The squatter in question, as per my knowledge, is an ex-Arlo Farms foreman. 

Please keep in mind that Costa Rica currently is taking Nicaragua to court regarding an uninhabited, tiny island (Isla Calero) at the mouth of the San Juan River. I am 100 percent sure that Costa Rica would not have agreed if Nicaragua had said that the island is simply occupied by squatters, therefore there is no way to eject them. You are fighting to get back your land from Nicaragua. 

In my case, it’s the same situation. Why this double standard? I want the land I purchased or compensation. 

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Comments

Dana Zwart

Thursday February 09 2012

first off, a "squater law" is not unheard of in every other country as you say. In fact, I didn't know it existed here, but I have been to other countries with said laws. What it means is that if you don't use your land and someone else does eventually and you don't notice for several years, it's assumed that your lack of action or lack of use of the property is consent for others to move on to it, so the squatter gets protected as a resident. In other words, you should have noticed. I am not saying I have an opinion on the matter of whether it should be law, but these are things that you need to look into when buying property in different places. You don't have to agree with property laws for them to exist, and it was your responsibility to know what the terms of property ownership were.

Costa Rica is a free country as you say, and it is free to have laws you don't like. Just because you are from somewhere else does not mean you get to bring your own legal code with you because you think it is better than the one here. The island that is owned by costa rica is not comparable to a squatter law on personal property. The other commentor on this issue talks of the "lawlessness" here. Actually, this is the opposite. It is the authorities upholding Costa Rican law despite the fact that pretentious foreigners think they should be above it because it is not the same where they are from. I am glad that they can't be bullied so easily by people who think they are special just for owning property.

Moral. Research the laws before buying them and follow the laws that exist. It's your fault, not Costa Rica's.

Phil Duncan

Tuesday February 07 2012

That sucks Abdul. Let this be a lesson to the people who own property in Costa Rica, that don't frequently visit the property and let someone else taken care of it. Squatters rights eh? Sounds like something out of the old west, along with the lawlessness that comes with the territory here in Costa Rica today.

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