Beach Property

[goask]

Hello,
Could someone tell me if beach front property in Colombia is titled?
If so how many meters away from high tide must the property be for it to be legal?
Thanks

[Cap'n Jib]

Although most of the countries in Latin America follow the ‘general’ rule of law as that was imposed by the Spanish, considerable care must be taken to understand ‘local’ rules.

I realize that you are specifically referring to Colombia; however it might be wise to have an understanding of the big picture. What is true today may not be true tomorrow.

A war story…you decide if it is true. Individuals I know purchased beach property in Nicaragua. However, a ‘new’ government made good on one of their campaign promises and retroactively took away the exclusive beach front access. The story told to me was their entire dwelling was now in the restricted area. Oh, but they were told not to worry because the house would not have to be torn down.

Dispute Resolution?

First, ‘Rights of Possession’ can be a problem in many areas (not only beach and shore side). This is normally understood as the rights of indigenous to either access a part or all of the property in question. Another area of possible concern is the ‘Strongman title’. Because of the many coups and such in Latin America, supporters of Dictators are often rewarded with a land grant. The land in question usually comes from an opponent of the Dictator. ‘A spoils of war type of thing’.

Land disputes here in Latin America are ‘interesting’ to say the least. Should you decide to go the Court route, keep this in mind. The more money you have to peruse your case, the better the ‘legal’ standing you have. What is the opinion of the local law enforcement (as opposed to the Court) to the matter in question? A win for you in the Court could result in no ability to have the decision enforced. Do not forget a so called “incentive’ from either side, can often influence the outcome of a dispute.

Oh and I would be remiss not to mention that the ‘case law’ precedent, for all intents and purposes, does not exist here…..remember it is Spanish law and not old English law. What this means is any and everything can and usually is argued for the entire history of the property in question. The rational for this is quite interesting. How and why should anyone trust a previous decision to the title have been made correctly? Best play it safe and argue everything all over again….and again….and again.

What I am trying to say here is Latin America is not EXACTLY like Kansas.

What I might suggest is a ‘hurry up and wait’ approach. Unless purchasing a Condo or Apartment, real estate transactions can take a VERY long time in Latin America. This is a GOOD THING for you!

Find an area you like and ask local attorneys about the general problems with purchasing property in that area. Expect to pay for the general background info. Ask the local Expat community to tell you about the war stories of purchasing property in THAT location. Often the stories will be different. Forewarned is also a good thing.

Title insurance can be purchase in some areas of Latin America. Now having said that some, if not all, of the above situations could be listed as exceptions in that policy. The main reason is it could impossible for a title company to recoup its’ losses in Latin America under the law. What legal standing would they have?

¡La buena suerte!

[goask]

Hello Cap'n,
Thank you for your swift reply. I have been in Costa Rica for the past 8+ Years
Beach property here for the formost is titled to the 200 meter high tide mark. with some exceptions of property being titled to the 50 meter high tide mark. These properties are registared in the public registry and are binding legal properties
I am looking to move to Colombia and that is why my question is about beach property there.
Thanks,
Go Ask

[obehave]

One note on all the true info you impart, is most "attorneys" here are more like Paralegals with little expertise other than paperwork.. I'm just sayin!