Costa Rica Beachfront Property

Posted in: Blogs
By Nick Halverson
May 17, 2008 - 1:49:29 PM

Over the past three years I have seen and heard many debates as to whether or not a property is "titled" (as compared to concession) at the beach.

First let me provide a little background. The following is true EXCEPT for two rare situations that I will describe later.

1) All beaches are public in Costa Rica. No permanent structures may be placed within the first 50 meters of high tide.

A simple question is "How do you know where the 50 meter line is?" The Costa Rican government takes all the guess work out by placing concrete markers (mojones) at the precise 50m line. From those markers to the beach, no one is allowed to own or build permanent structures. This is called the "Maritime Zone"

2) The next 150 meters (or meters 50.1-200.0 from the majone) is called "Concession" property. Many North Americans are familiar with this concept as Mexico uses the same principles in dealing with "ownership" of this land. The major difference is that in Mexico instead of 200 meters they do not allow ownership until MILE 45.  Incredible anyone would purchase property in Mexico. 

The concessions in Costa Rica are based on property use (private, commercial, restaurant, etc) and are generally good for approximately 20 years.

The concession process and approval can take several years and you must have a Costa Rican on the ownership documents that owns over 51% of the corporation that owns the land.

The two ways to LEGALLY own titled beach front property (this property does not abide by the laws as stated above) are:
1) Owners of land could have applied for a special ownership rights between 1970 and 1971. This process involved going before a judge and proving ownership. Unfortunately for local Costa Ricans many did not take the time to do this. I don't think they foresaw how valuable that right would be worth 40 years later. Sometimes you will hear people who have beachfront property granted from IOCO but those are not valid.

2) The second way is very interesting.  It is called "Crown land" (corona = Spanish for crown).  This property right was granted by the Spanish king in the 1820's when Costa Rica declared its independence from Spain. The King of Spain granted property rights from the land into the water up to the chest of a horse standing in water.  I have never personally seen a titled property under this condition, although they do exist.

Those are the ONLY TWO WAYS anyone can own TITLED beachfront property in Costa Rica.

Please be sure to hire an attorney before signing any documents and buying any property - in any country.