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A squatter wants to sell his land to me.
Here are the facts: He has been squatting on this land for close to 20 years. He claims that he has the documentation to prove these rights of possession. However, recently the former owners have sued him and its in court. The registry has flagged the property and deemed that the only way for this to settle is by civil court. The tico is old, frail, sick and poor and wants me to buy his land but he is doing the typical “gazillion dollar offer” right now.
My first lawyer says, that it’s a “slam dunk” case for this tico and he should get title. However, the lawyer says, the problem is with the squatter himself… He may have sold the property 4 times already. ie creating a contract is difficult. On the trustability scale, I would say that I trust him moderately.
What is the probability of him getting title? That is my question.
What else should I be wary of? What are some solutions?
I really really want this land for various reasons, that I will not go into.
I am looking for second opinions. I want to find a great squatter lawyer.
My proposed solution is this:
First, I determine the property value based upon actual sales of comparable land in possession.
That will be my offer. However, I will not pay him all the money up front. I will support him financially until the property clears title and when we get title transfered I will pay him the difference plus interest.
The contract we create is notarized and signed by everyone in his family, figuring that if he dies or transfers ownership, the family cannot claim that they were not aware of the transaction.
The land will be fenced off and signs will be put up indictating the transaction and who to contact.
Any other thoughts?
I am curious as to your reason(s) for taking an interest in this obviously troubled deal when there is so much real estate out there with no problems attached. To the extent that motive has much to do with outcome sometimes, it is a pertinent question.
“Any other thoughts?”
Yup, [b]RUN LIKE THE WIND![/b]
This deal has trouble written all over it. I think you have no realistic notion of what you might be getting into. Resolving this matter in civil court could tie you up for years, and the outcome isn’t certain. If this elderly gentleman squatter dies in the meantime, then the situation is thrown into an entirely different state of flux. If the court rules against what you aspire to accomplish, you’ll have the privilege of filing an appeal — along with the attendant costs and further delays.
The upside of this scenario is that it could provide you with a lifetime hobby and an outlet for all your spare cash.
You’ve not shared what it is that’s so special about this property and I’m not prying, but what’s legally problematical could trump everything else.
sprite is correct. There’s plenty of real estate available with clear titles and no legal encumbrances. Why get mixed up in this potential nightmare?
[quote=”DavidCMurray”]”Any other thoughts?”
Yup, [b]RUN LIKE THE WIND![/b]
This deal has trouble written all over it. I think you have no realistic notion of what you might be getting into. Resolving this matter in civil court could tie you up for years, and the outcome isn’t certain. If this elderly gentleman squatter dies in the meantime, then the situation is thrown into an entirely different state of flux. If the court rules against what you aspire to accomplish, you’ll have the privilege of filing an appeal — along with the attendant costs and further delays.
The upside of this scenario is that it could provide you with a lifetime hobby and an outlet for all your spare cash.
You’ve not shared what it is that’s so special about this property and I’m not prying, but what’s legally problematical could trump everything else.
sprite is correct. There’s plenty of real estate available with clear titles and no legal encumbrances. Why get mixed up in this potential nightmare?[/quote]
“The upside of this scenario is that it could provide you with a lifetime hobby and an outlet for all your spare cash”.
…..and maybe the Villalobos brothers could finance it for you!!!!!!
[b]fate[/b] since this is your first post, I wonder if you are naïve or just hoping for a very good deal.
It took more than two years for all the legalities on the purchase of the farm before the ‘dust settled’ solely because there was a ‘dry steam’ involved, so even considering a ‘deal with a squatter’ would be out of the question for most of those who know or at least been involved with the ins & outs of living and buying property here.
Do as [b]David C.Murray[/b] advises, and run….You’re all being very unfair here, it probably wouldn’t take longer than 10-15 years to resolve this problem.
Scott Oliver – Founder
WeLoveCostaRica.comAuthor of ‘How TO Buy Costa Rica Real Estate Without Losing Your Camisa’.
fate, I have previously counseled that, if the property in question is important to you, or if the money involved is important to you, then whenever you undertake to make a real estate purchase you should have a very knowledgeable attorney check each and every detail. Then, get a second attorney to check the work of the first.
In the deal you’re admiring, I would form a consortium of attorneys — not fewer than nine — to advise you. The details you have shared already make this deal too shaky to undertake without deep, deep analysis.
Further, obtaining hard data on recent sale prices of comparable properties is virtually impossible. The only practical scale you can apply is the old “willing seller/willing buyer” one. If you two can agree on a price, that’s the right price.
You must also be certain that your staff of attorneys have thoroughly investigated the status of this property in the National Registry. And if it’s not already registered, again RUN LIKE THE WIND. It can take years to get a property registered.
If you insist upon proceeding, too, get your own surveyor to survey the property, mark all the boundaries and corners, and produce a new [i]plano castrato[/i]. If you buy the property, be sure that the surveyor registers that new plano as the official one in the National Registry.
And if you have a notion to build on this property, you should retain your own architect and soil engineer to advise you about what’s feasible. Not every property has a legal or practical building site. Know in advance.
Lastly, I would not hand this seller one colon until the day of the closing, if any. Have your own attorney (not his) hold a modest goodwill deposit in escrow. If you give him the money, it will be gone forever.
I never saw much value in recognizing ‘squatters rights’ in this day and age. Why even attempt to reward his parasitic behaviour? Squatter = Thief. Would you search out stolen or fenced goods?
[quote=”johnr”]There is plenty of land. Do yourself a favor and find another piece of paradise.[/quote]bingo bango.
Really, please do not pay any squatter, aka, any thief ANY money…this only rewards very bad behavior…
Betty[quote=”Ms. Betty”]Really, please do not pay any squatter, aka, any thief ANY money…this only rewards very bad behavior…
Betty[/quote]We are all forced into playing the ownership game, including the squatter. After all, it is the only game in town. I have always wondered why there is any consideration for squatters within many legal systems. I have an inkling as to the thinking behind squatters’ rights. Who has more respect for land, one who owns it as merely an investment chit or one who lives upon it to maintain himself? A squatter has some legitimacy within this parameter as long as he stays put on land legally owned by an absent owner whose only interest is to convert land into currency. But as soon as the squatter tries to sell that land, to convert land into cash currency, he loses that legitimacy and becomes a thief in my estimation.
Some quotes on land ownership:
“What is this you call property? It cannot be the earth, for the land is our mother, nourishing all her children, beasts, birds, fish and all men. The woods, the streams, everything on it belongs to everybody and is for the use of all. How can one man say it belongs only to him?” -Massasoit
“Men would live exceedingly quiet if these two words, mine and thine were taken away.” (Anaxagoras)
“It is preoccupation with possession, more than anything else, that prevents men from living freely and nobly.” (Bertrand Russell)
[quote=”sprite”]
Some quotes on land ownership:“What is this you call property? It cannot be the earth, for the land is our mother, nourishing all her children, beasts, birds, fish and all men. The woods, the streams, everything on it belongs to everybody and is for the use of all. How can one man say it belongs only to him?” -Massasoit
“Men would live exceedingly quiet if these two words, mine and thine were taken away.” (Anaxagoras)
“It is preoccupation with possession, more than anything else, that prevents men from living freely and nobly.” (Bertrand Russell)[/quote]
“Hospitable my ass. Get off my porch!” (Ruth Gordon as Ma Boggs in [i]Every Which Way But Loose[/i])
[quote=”RaggedJack”][quote=”sprite”]
Some quotes on land ownership:“What is this you call property? It cannot be the earth, for the land is our mother, nourishing all her children, beasts, birds, fish and all men. The woods, the streams, everything on it belongs to everybody and is for the use of all. How can one man say it belongs only to him?” -Massasoit
“Men would live exceedingly quiet if these two words, mine and thine were taken away.” (Anaxagoras)
“It is preoccupation with possession, more than anything else, that prevents men from living freely and nobly.” (Bertrand Russell)[/quote]
“Hospitable my ass. Get off my porch!” (Ruth Gordon as Ma Boggs in [i]Every Which Way But Loose[/i])[/quote]
She sounds like a very happy and amiable person, doesn’t she?
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