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Costa Rica has a centralized Registry where information on all properties is kept.
Every time a property changes owners or indeed, any of its other characteristics, the registry is updated. Most of the Registry is computerized, or at least the section which deals with property registration. Therefore, registry property certificates are actually printouts from the computer system, which are also available from the official Registry’s Internet website, which can be found at www.registronacional.go.cr (though only with informative value).
am sure many of you have seen local deeds, those documents drafted by Notaries, and you probably think having that document, which is actually a copy of the deed that has been submitted to the Registry, ensures your right to the property.
Nothing is further from Costa Rica’s real estate reality.
Our system is set up in such a way that the truly relevant information is that which exists at the registry. The deeds (escrituras) are only the means of recording and registering information related to properties, but are not proof of ownership or any other relevant matters. In fact, once it has achieved its purpose, the deed has only historical value. The truly important document to have is an updated Certificate of Property issued by the Registry.
At first glance, the information contained on the certificate may seem confusing, but if you take it step by step, you will see it is really quite simple.
The first piece of information regards the property’s Registration Number (Número de Folio Real), which is in turn made up of a series of three numbers in this format 0-00000-000. The first (from one to seven) indicates the province where the land is located, then comes a sequence of five or six numbers, actually the property number, and finally three numbers indicating if the property is owned by one or more individuals or corporations.
The Nature (Naturaleza) reveals a special purpose for which the land is destined. The nature may be for example, a land of pastures, condominium, or a land for construction. It indicates the use to be given to the property.
Regarding the Location (Situación), Costa Rica has seven Provinces (San José, Alajuela, Heredia, Cartago, Puntarenas, Guanacaste and Limón). Each province is divided into Cantones for a total of 81, and each Cantón is itself divided in Districts or Distritos. The Location is a description of the province, Cantón and District where the property is located.
The boundaries (Linderos) of the property are described in general terms with an indication of landmarks, rivers, public roads or names of adjacent owners to the North, South, East and West. Sometimes these may not be completely updated.
A measurement (Medida) will be indicated in square meters, followed by an indication of the Registered Survey number (Plano Catastrado). There are some properties that do not have a registered plano catastrado, either because it does not exist or because its existence has not been linked to the main database.
Antecedente de dominio de la finca. This long and complicated phrase simply indicates previous registrations and history of the land, which may interest the owner or the public, but that are not current.
Fiscal Value or Valor Fiscal, indicates the assessment by the Government on the property’s value, usually much, much lower than the actual price and which is different than the value named Estimación o Precio, which is the value indicated by the parties as contractual in the deed of transfer.
Details of the Owner (Propietario) follow on the certificate, indicating name (of the individual or corporation) and identification number (cédula, cédula jurídica, passport number, carné de residente). Numbers referring to the deed’s presentation and date of registration follow.
The certificate continues on with a description of encumbrances (Gravámenes), such as mortgages, easements and conditions and limitations (generally concerning special laws, public roads, bodies of water, etc.) as well as annotations (Anotaciones), which relate to documents pending registration, such as new deeds and court procedures such as collections. Annotations and encumbrances may be of many different types and must be carefully analyzed when considering buying a property as they can truly limit owner’s rights or make the transfer impossible to register.
Keep in mind that a vigilant owner is the best antidote against property fraud. Check your property regularly at the registry, and make sure all information contained on your Certificate of Property is accurate. |