Real estate series gives readers an advantage
By Jay Brodell
editor of A.M. Costa Rica staff

When Garland Baker agreed to look into changes in the Costa Rican property laws, he did not anticipate that he would be embarking on a career.

Baker, a business consultant, took on the job to research and write articles about property law because he has been here 32 years and has had experience in this area.

A.M. Costa Rica asked him to do that because editors are constantly receiving e-mails from readers who have complex problems with land titles and ownership.

What Baker found was an eye-opener. He has documented a change in the law that actually encourages lawyers and other professionals to steal their clients’ properties by not doing their work correctly.

He has outlined a clearly unconstitutional tax system that penalizes new owners and rewards those who do not change property title.

Baker also has touched on the problems absentee owners might have if some uninvited guest just happens to move on to the property and sets up housekeeping.

More recently, he has documented how two branches of the Costa Rican high court maintain two different and conflicting theories of property ownership. The criminal appeals court says the original owner should be protected even if some fly-by-night con man forges deeds and sells the property to an innocent third party.

The civil appeals court would give the property to the third party and leave the original owner holding the empty bag.

Such flimflam with deeds is common and some employees at the Registro Nacional where important papers are filed have been known to participate in such illegal acts.

In his work, Baker, who is an accountant and not a lawyer, has been assisted in concepts and research by Allan Garro, who is a Costa Rican lawyer.

Monday Baker outlined the powerful and little-used Costa Rican consumer protection law which can benefit foreigners living here.

Coincidental with writing articles, Baker realized that more and more North Americans needed his consultant services in the area of property ownership, so his business, now Costa Rica Expertise, began to change to accommodate the need.

Where is this journalistic series headed? The available information is only growing more complex. Each day editors receive more tips about possible scams and scammers and pitfalls and loopholes in the civil code.

Did you miss any
of these articles?

By the A.M. Costa Rica staff

Here is a list of articles in the real estate property series to date:

April 12, 2004
Registry law creates chance to steal property

http://www.amcostarica.com/041204.htm
 

April 19, 2004
Legal manipulations can protect property 

http://www.amcostarica.com/041904.htm
 

April 26, 2004
Unusual property tax system hurts newcomer

http://www.amcostarica.com/042604.htm
 

May 3, 2004
Property in Costa Rica 
    Possession is more important than 

ownership

http://www.amcostarica.com/050304.htm
 

May 10, 2004
Country's legal system has rules for

complaints

http://www.amcostarica.com/051004.htm
 

May 17, 2004
Victims have right to express views 
     Landmark decision due in property fraud 

http://www.amcostarica.com/051704.htm
 

May 24, 2004
Consumer protection law is a valuable weapon

http://www.amcostarica.com/052404.htm
 

Some people have signed over their properties to friends who said they could help them sell the real estate and then the friend moved in. Others are losing their ownership to squatters.

Some readers said that Baker’s revelations scare them away from property ownership. But that is not the point of the series. The idea is that knowledge is the best defense and that foreigners in Costa Rica have to prepare themselves for business.

The goal of Baker and A.M. Costa Rica is to give them the tools to do that.

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Last modified: 07/29/08