How to Protect Your Costa Rica Property From Squatters

Squatters in Costa Rica are a real but manageable risk. Problems usually start on land or homes that are left unattended for long periods, and Costa Rican law rewards owners who act quickly. With current title records, clear boundaries, regular visits, and prompt legal help, most owners never face a serious dispute.

This guide explains what the law says about possession, how to protect your property, and what to do if someone moves in. It is general information, not legal advice, so speak with a Costa Rican attorney about your own situation.

What Costa Rican Law Says About Possession

Costa Rica’s Civil Code allows ownership of real estate to be acquired by prescription, but only under strict conditions. It requires ten years of possession, a title that transfers ownership, and good faith, and the possession must be held as an owner and be continuous, public, and peaceful.

The Civil Code also recognizes a separate right of possession that can arise after someone holds possession for more than one year. Acts of simple tolerance by the owner do not create that right. The practical lesson is to deal with any unauthorized occupation early rather than letting it continue.

Taking over someone else’s property is also a crime. Under the Criminal Code, usurpation, which includes dispossessing an owner through violence, threats, deceit, abuse of trust, or clandestine means, or moving boundaries to take land, carries a prison sentence of six months to four years.

Why Unattended Property Is at Higher Risk

Vacant lots, rural land, and homes that sit empty for months are the most exposed. Unclear boundaries, overgrown land, unpaid municipal taxes, and informal arrangements with workers or caretakers can all make a property look abandoned or create room for a dispute.

How to Protect Your Property From Squatters in Costa Rica

• Keep records current: hold a recent National Registry report and a cadastral survey (plano catastrado) that matches the physical boundaries.
• Mark your boundaries: use fences, gates, and visible markers, and post “Propiedad Privada” signs.
• Visit regularly: arrange trusted visits and keep dated photos and notes that show ongoing control.
• Put arrangements in writing: any caretaker, worker, or temporary occupant should have a written agreement reviewed by your attorney.
• Maintain the land: clear brush, keep structures in repair, and pay municipal taxes on time, keeping the receipts.
• Know your neighbors: neighbors who know the owner are more likely to report unusual activity.

What to Do If You Find Someone on Your Property

Do not try to remove occupants yourself or use force. Document what you see with dated photos, note when the occupation began if you can, and contact a Costa Rican attorney right away.

Depending on the facts, your attorney may pursue an administrative eviction request with the Ministry of Public Security, which handles administrative evictions under its own regulations, a criminal complaint for usurpation, or a civil court action. Timing matters, so the sooner you act, the more options you are likely to have.

Buying Property? Check for Occupation Risk

Before you buy, visit the property in person, confirm that the boundaries on the ground match the survey, and look for signs that someone is living on or working the land. Ask the seller about any caretakers or workers and how their arrangements will end at closing. Your attorney should review the title and investigate any history of possession claims before you commit.

How GAP Real Estate Helps

GAP Real Estate works with buyers and owners of any nationality, and Costa Rican residency is not required. For GAP listings, GAP coordinates property visits and works alongside the attorneys for both parties through due diligence and closing, so title, survey, and occupancy questions are raised before anyone signs.

Frequently Asked Questions

How long does someone need to occupy land to claim ownership?

The Civil Code requires ten years of possession, together with other conditions, including a title that transfers ownership, good faith, and possession that is continuous, public, and peaceful.

Does letting someone stay on my land give them rights?

Acts of simple tolerance do not create a right of possession under the Civil Code, but informal arrangements often lead to disputes. Put any permission in writing with your attorney’s help.

Is squatting a crime in Costa Rica?

Usurpation is a crime under the Criminal Code, with a prison sentence of six months to four years.

What should I do first if I find squatters?

Do not use force. Document the situation and contact a Costa Rican attorney immediately so the right legal route can start quickly.

Do foreign owners have the same protection?

Yes. Foreigners hold the same ownership rights as citizens on titled property, and the same legal routes are available to them.

This article is general information only and is not legal advice. GAP Real Estate is not a legal advisor. Speak with a qualified Costa Rican attorney about your property.

WhatsApp us at +506 8888 0003 to get started.

Planning a purchase or protecting a property you own? Read the Costa Rica Buyer Guide, contact GAP Real Estate, or email info@gap.cr.