REAL ESTATE LAW

Does ERP advise me on real estate?

Investing in real estate in Costa Rica is not a decision that should be taken lightly, since there are many previous factors that require analysis. It involves not only economic aspects, but a timely legal advice in all the steps to follow, from the search of the property and its revision at the registry level until the final purchase.

ERP Lawyers & Associates is an expert in real estate, we advise timely on the legal process known as due diligence, which becomes essential to avoid present and future risks when buying a property or when investing in commercial real estate.

Due Diligence for real estate investments

If you already made the decision to acquire a land to develop, or a property with construction (call house, apartment, building, condominium, etc.), consider legal studies and registration to ensure that they are not linked with any type of problem.

The due diligence is the correct process to ensure that you are making an accurate decision about a property. Due diligence includes, but is not limited to, the following:

  • Who is the registered owner, whether its person or a company. In case of being a company, review constituent agreements and changes, as well as the powers of the attorneys for sale.
  • If the title corresponds to the property for sale.
  • Review the topographic plan, including measurements, boundaries, servitude and others
  • Corroborate if the property has liens and / or annotations, such but not limited to, mortgages or seizures, easements and administrative limitations.
  • Verify if you are up to date with the payment of taxes and other Municipal obligations.
  • If some insurance is applied to the property.
  • If the property is being purchased or not with a loan that is still valid.
  • Corroborate through a land use study that the property is suitable for the destination that the prospective buyer wants to give it.
  • Review the Regulatory Plan of the area where the property is located, to be aware of possible limitations at the construction level.
  • Analyze the availability of basic services in the area: telephony, electricity, water, cable television, sewerage and garbage collection.
  • Existing or potential claims that may fall on the property.
  • If the property has a lease agreement.
  • If the property is in a condominium, for example, make sure that the condominium obligations are up to date.
  • Environmental study of the property, among others.

How does ERP advise me on Real Estate?

At ERP Lawyers & Associates, he offers timely legal advice on real estate. We offer the following services:

  • Letters of intention to purchase a property.
  • Options and Promises of Purchase and Sale.
  • Purchase and sale of properties.
  • Trusts on properties.
  • Development of real estate projects
  • Constitutions of Condominiums. Modifications to Condominiums. Advising in Assemblies of Owners.
  • Due Diligence processes.
  • Tax on luxury homes in Costa Rica.
  • Credit financing options to acquire real estate.
  • Lease contracts.
  • Evictions.
  • Concessions and constructions in sea land areas
  • Declarations and payment of Municipal taxes.


How does ERP Lawyers guide me in buying and selling properties?

The members at ERP Lawyers & Associates are experts in Real Estate Law, a branch that focuses on providing advice on Real Estate matters and on the correct application of the Costa Rican real estate legislation.

One of our priorities is that both Costa Rican and foreign citizens make safe investments in: Purchase or sale of properties in Costa Rica, apartments, condos, villas, farms or lots; as well as in the development of centers or commercial premises and tourist projects (hotels).

The ERP consultancies focus on key points when it comes to getting involved in real estate initiatives: We help the client throughout his real estate project, applying, as a first step, the ‘Due Diligence’ service that is based on:

  • Make a study of the property and corroborate if it presents liens.
  • Verify property deed to determine if it was legally acquired..
  • Corroborate if the land you wish to acquire is in a restricted area or in a sea land area.
  • Consult with the respective municipality if there are pending taxes on the property.
  • Process a land use to determine viable options for building.

The service of ERP Lawyers and Associates goes beyond, because we also take care of processing municipal permits and construction and coordinate the blueprints with the architect in charge.


If I want to set up a condominium, does ERP Lawyers give me advice?

The person interested in submitting a property to the condominium regime should not worry, because our firm will ensure a safe business:

  • We investigate thoroughly if the property can be transformed into a condominium. This is done through a registry study of the property.
  • We verify that the public deed of the land contemplates points as indicate their exact characteristics (measures, boundaries, etc.)
  • We process construction permits before the Federated College of Engineers and Architects, among other bodies.
  • We elaborated the writing and we realized the inscription of the condominium before the National Registry.


What other real estate issues does ERP Lawyers handle?

Real estate financing options:

We make sure that our clients have the budget for the development of their real estate project.

ERP Lawyers maintains a solid relationship with recognized private banks in Costa Rica, so their loan executives will answer the doubts of our clients and advise them in their procedures to acquire a real estate loan.

Our firm supports it, in turn, in the preparation and presentation of the documents and requirements necessary to apply for the loan.

If you need a loan for the purchase of real and personal property, in our blog you will find detailed information on the subject.

Possession information for property registration:

ERP implements the advice on possessory information, when a property title is not registered in the National Public Registry.

According to Article 1 of the Law of Possession Information (No. 5.257): “The holder of real estate that has no title registered or registered in the Public Registry may request that it be granted in accordance with the provisions of this law. For this purpose, he must demonstrate possession for more than ten years with the conditions set forth in article 856 of the Civil Code.”

Law 5.257 establishes certain requirements so that a person can, with the legal advice in real estate of ERP, present a document and register the real property in the Registry, namely:

  • The name, surnames, qualities and address of the applicant
  • The nature, location, extent of the surface, boundaries, names and surnames of the adjoining land and the linear measurement of the street or public roads
  • The name, surnames and address of the co-owners, if any; the real charges that weigh on the property
  • The time the applicant takes to own the property; the description of the acts in which this possession and approximate extension of the existing crops and forests, the constructions and other improvements have taken place. If the farm is a cattle ranch, the number of hectares of paddock, sites or pastures must be expressed, and a certification from the Central Office of Cattle Marks must be provided stating that the owner has registered the cattle brand or mark in his name;
  • Express manifestation of the titleholder that the property has not been registered in the Public Registry, which does not have a registered title and that the application does not intend to avoid the consequences of a probate proceeding

Contact ERP to receive highly professional advice on Possession Information.

Concessions in maritime-terrestrial, restricted and special zones:

ERP Lawyers is a specialist in Law 6043 that governs the concessions of properties on the beaches of Costa Rica. We become the right hand of those physical or legal persons – Costa Rican or foreign – who plan to build a house, hotel or tourism complex.

This service is based on processing the maritime-land concession before the municipalities of the country (all with a different Regulatory Plan), in charge of delivering the concessions, managing them, ensuring their correct use and that of their natural resources, and charging a fee (canon) for the lease agreement.

Segregation and union of properties in Costa Rica:

It is one of the most common services attended by owners of properties or properties located throughout Costa Rica.

ERP knows perfectly the national laws on property, as well as the guidelines set out in the Regulatory Plans of the municipalities of Costa Rica, so that our clients ensure a complete and timely legal advice to divide a property into several lots.

This service also applies if the owner of the property wishes to unite several properties and make one.

We will be happy to answer your questions about the segregation and union of properties; contact us today.


Can ERP Lawyers advise me in case I want to invest in real estate?

Investing in real estate in Costa Rica is not a decision that should be taken lightly, since there are many previous factors that require analysis. It involves not only economic aspects, but also a timely legal advice in all the steps to follow, from the search of the property and its revision at the registry level until the final purchase.

ERP Lawyers & Associates is a real estate expert, advising opportunely in the legal process known as due diligence, which becomes essential to avoid present and future risks when buying a property or when investing in commercial real estate.


Due Diligence for real estate investments

If you already made the decision to acquire a land to develop, or a property with construction (call house, apartment, building, condominium, etc.), consider legal studies and registration to ensure that they are not linked with any type of problem.

Due diligence is the correct process to ensure that you are making an accurate decision about a property. Due diligence includes, but is not limited to, the following:

  • Who is the registered owner, whether a natural person or a company. In case of being a company, review constituent agreements and changes, as well as the powers of the attorneys for sale.
  • If the title corresponds to the property for sale.
  • Review the topographic plan, including measurements, boundaries, servitude and others Corroborate if the property has liens and / or annotations, such but not limited to, mortgages or seizures, easements and administrative limitations.
  • Verify if you are up to date with the payment of taxes and other Municipal obligations. If any insurance is applied on the property.
  • If the property is being purchased or not with a loan that is still valid.
  • Corroborate through a land use study that the property is suitable for the destination that the prospective buyer wants to give it.
  • Review the Regulatory Plan of the area where the property is located, to be aware of possible limitations at the construction level.
  • Analyze the availability of basic services in the area: telephony, electricity, water, cable television, sewerage and garbage collection.
  • Existing or potential claims that may fall on the property.
  • If the property has a lease agreement.
  • If the property is in a condominium, for example, make sure that the condominium obligations are up to date.
  • Environmental study of the property, among others.

ERP Lawyers & Associates: timely legal advice in real estate. We offer the following services:

  • Letters of intention to purchase a property.
  • Options and Promises of Purchase and Sale.
  • Purchase and sale of properties.
  • Trusts on properties.
  • Development of real estate projects
  • Constitutions of Condominiums. Modifications to Condominiums. Advising in Assemblies of Owners.
  • Due Diligence processes.
  • Tax on luxury homes in Costa Rica.
  • Credit financing options to acquire real estate.
  • Lease contracts.
  • Evictions.
  • Concessions and constructions in sea land areas
  • Declarations and payment of Municipal taxes.
ERP COSTA RICA LAWYERS