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. |