Agrarian Law

In Costa Rica, Agrarian Law is a highly specialized legal area that regulates properties and activities considered agrarian according to the law. There are many regulations within this framework, but the two most relevant are:

  • Agrarian Jurisdiction Act, which covers fundamental aspects of substantive law.
  • Agricultural Procedural Code, a recent law that came into force on February 28th and regulates agricultural procedures.

In general terms, agrarian law covers activities related to a biological production cycle carried out in a professional manner. This includes the production of animals, vegetables, fruits, wood, flowers, even medicinal plants, as well as the transformation, industrialization, valuation and commercialization of agrarian products. Professional activity implies that the person obtains his or her livelihood from said activity and is not a simple hobby.

Property Recovery and Eviction Processes

One of the most controversial aspects of agrarian law is when a landowner wishes to regain possession of his property and the person occupying it refuses to return it, arguing that he has acquired certain rights. In these cases, the owner must evaluate his options for evicting the occupant.

Derecho Agrario
Derecho Agrario
Derecho Agrario

A request for eviction can be made through an administrative procedure, by a specialized department of the Ministry of Security, or through a judicial process. In principle, owners prefer administrative eviction, as it is a faster and less expensive process. To do this, the owner must prove ownership of the land.

The Ministry of Security verifies the ownership of the land and notifies the occupant, who will have the opportunity to present their case. If the occupation is determined to be illegal, the occupants will be warned to leave the property or they will be forcibly evicted.

Agrarian Law: Restrictions on Administrative Eviction

The new Agrarian Procedural Code establishes that administrative eviction is not permitted in the following cases:

  • If there is already a legal process in progress where the owner requests the return of the property.
  • When the occupant is on the property due to a contract (written or verbal) or has been occupying it by mere tolerance for more than a year.
  • If the occupant has been on the property for more than a year.

This means that if a person has occupied a plot of land for more than a year, the owner cannot evict them through administrative channels and must resort to a judicial process, which can last two years or more, especially if the case is complex or there are appeals.

Besides, the occupant could claim compensation from the owner for necessary improvements made to the property. There have been cases in which the occupants have proven that their investments in essential improvements have reached or surpassed the value of the land, which has resulted in the owner losing the property.

For this reason, it is essential that property owners clearly establish the rights and obligations of all parties involved in the occupation, possession and use of land subject to agrarian law.

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