HGQ2112
4/16/2010 14:39 EST
I must be in Brazil....Mexico...Las Vegas and Ecuador, all within the next 4 weeks. The Ecuador portion of our business trip, which amongst other things will include a shoot for HGTV's House Hunters International (HHI), is between May 6 - May 19. Anyone in the Salinas / Santa Elena Peninsula area that has a few minutes and would like to meet...my wife and I are game. Ahem...leave all rotten fruit, sharp metal objects or anything that can cause a concussion when hurled, at home, please. If you hail from France...ahem...I was only kidding about that whole commentary on Paris thing. Point is...beyond this Sunday, I will be very, very scarce on this forum for about 4 weeks. Let the celebrations begin [cue up "I Feel Good" by James Brown]!!!!
ps. Selfless plug [with no benefits but maybe a smile]. Our HHI appearance will include one of my favorite Real Estate agents in the Santa Elena Peninsula - Mr. Mike "Guitar Hero" Sager. He was *extremely* instrumental in making the HHI gig happen. If you want straight-forward, no nonsense representation, he's your guy.
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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OceanHideaway
4/16/2010 20:47 EST
Dang baby -- you guys scored the gig! And you know you were up against Leigh "the Montanita Diva" Olon11 !
Sheesh -- I was working towards having the cast and crew stay with us so anything you can plug our way would be appreciated ... just sayin'
Hugs and mucho felicidades!
Susan
PS ~ tell the Guitar Hero I got his houe warming gift from Joel and me in my office if he should ever come down the street and pick it up! -- will certainly make his next BBQ much more pleasant, he won't have to play chors with burned fingers!
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Olon11
4/17/2010 00:54 EST
ohhh-my-godddd like, I wanna know, you know....like, where is this... like "Montanita Diva" crapola coming from? Dude :)
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HGQ2112
4/17/2010 09:01 EST
Susan...well...now you're expecting him to walk down the street and all... : )
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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HGQ2112
4/17/2010 10:10 EST
Me...personally...always wanted to meet a "Diva"... : )
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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Olon11
4/17/2010 10:52 EST
H- I'm sure we're bound to meet sooner or later. We're friends of Mike & Andrea. As a matter of fact, we are selling the Olon house in order to build on lot next door, and Mike is handling some of the showings. Drinks on us when we get there.
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HGQ2112
4/17/2010 11:29 EST
Olon11 - Look forward to it!
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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OceanHideaway
4/17/2010 19:43 EST
Okay ... then I'll be the Diva ... I was certainly called that name enough when I sang for my supper way back when!
And Mike doesn't have to walk ...he can power up that cool bike of his and rumble on over the hill! No...he needs to bring the jeep, I wanna hug Alex.
By the way Hector ...you need one of those Where's Waldo Hat's ... yeah I think it would look cute ... and then we can spot you from above :)
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Olon11
4/17/2010 20:19 EST
Yeah?....Well, you should know that I was called "Cupcake" in my day. Okay, well that settles that, Princess Diva. We'll make it a weekend of fun at your place, Susan, to celebrate our eventual (inevitable) move to our EC property. Mike & Bubba & buddies can provide entertainment. Agree with Susan that her place is perfect to host HHI crew during the filming of whatever episode in coastal Santa Elena, EC (and Princess D., please note that I'm willing to take one for OceanHideaway team - in return for Poochie treating me on his tab at Hola Ola.) From: Queen of Sheeba. That's MS. Sheeba to anyone who wants to give me crapola.
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eidsness
4/17/2010 20:46 EST
Hi H, Sorry to barge in on this thread. Actually wanted to reply to ILA post of a few minutes ago, but as always, when I want to reply, can't find it. The posts come to my mail box, but are not listed as to thread. There is a link at the bottom which says reply, but clicking on it has NEVER taken me to the message I want to reply to. Any suggestions?
Anyway, ILA wrote "Much of Costa Ricca and Mexico, have serious restrictions for purchase". I just want to say. I can't speak to Mexico, but in 15 years I have on 10 different occasions purchased property in Costa Rica, absolutely without any problems or special situations. The only difference between my buying and a Costa Rican is they have 2 family names and I only one and they use a cedula number and i have to use a passport number (which always changes). Costa Rica is totally open and accepting of foreign purchases.
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Olon11
4/17/2010 20:55 EST
Eideness, If your not having much luck searching your topic of interest in data base: Try clicking on ILA'S profile to see her latest comments (it will pop us as separate window) now, to review, and get back on that thread.
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ILA
4/18/2010 00:55 EST
It is my understanding that in Costa Ricca you can NOT buy DIRECTLY on the beach? If that is wrong,I stand corrected. I understand that property can be purchased in Costa Ricca by foreigners but NOT ON THE BEACH?That is the restriction I am referring to.
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OceanHideaway
4/18/2010 03:46 EST
Hey I've heard Mike & Bubba and his other bud from California and they are good ~ and that Brit Guy (yeah the one who looks like Pete Noone, lives in a penthouse in Salinas ...) has a great time on his harmonica -- BUT can we garuntee his wife, the lady Drummer???
I think this is turning into a party!
Signed, The Diva
PS ...Poochie needs to know if he should bring an extra water dish?
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HGQ2112
4/18/2010 07:41 EST
OK...now I am confused...is it the "Montanita Diva" or the "Cupcake Diva"? See...these foreign protocols are so difficult to follow.
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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HGQ2112
4/18/2010 07:52 EST
Fwiw...neither Costa Rica nor Mexico have all that onerous of land purchasing restrictions. The confusion with CR is that while you can own beachfront real estate on the mainland, you cannot own an island in CR territorial waters as a foreign person. As for Mexico..unless you are afraid to buy in parts of Baltimore, Maryland, USA, for instance, then you shouldn't hesitate to buy in Mexico's beachfront areas. Why? Because land ownership rights are almost identical. In Mexico, when you purchase beachfront, you receive an extend land-lease, which can be renewed, under revisions made in recent years, basically in perpetuity, with little legalese to ever deny renewed land lease approvals, provided you fill out the paperwork correctly. Baltimore and several other lesser known locales in the U.S. still have similar antiquated land lease laws for parts of their municipalities. Both are safe to buy in, for beachfront property, so long as a local attorney helps out with the details.
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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Olon11
4/18/2010 07:57 EST
Oh darn. Cuz I really had my heart set on buying an ISLAND in CR territorial waters.
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HGQ2112
4/18/2010 08:55 EST
Think about it..."Diva Island"...I can dress up in a white suit, greet passengers as they come in off the plane, hand them frothy tropical drinks carved out from coconut shells, as they wait to have their wildest desires fulfilled. Hey... anyone know where I can find a sharply dressed midget? What? was that "politically incorrect"?
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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eidsness
4/18/2010 11:18 EST
First, thanks to the person who told me how to find ILA by clicking on her profile.
Second, I don't want to waste much time on an Ecuador forum talking about Costa Rica, so hopefully this will end the discussion here about Costa Rican land purchases by foreigners.
I repeat, there is no discrimination against foreigners. I can buy any property there that a Costa Rican can buy. There are laws (often circumvented) against buying property within 50 and 200 meters of the high tide line, but these restrictions apply equally (at least theoretically) to everyone, be he/she a citizen, legal ex pat resident, or simply a "tourist" as I always was. Practically, the foreigners have probably been more ingenious (read had deeper pockets) than the locals so have had relatively more success in circumventing said laws.
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HGQ2112
4/18/2010 11:52 EST
I am sorry, I *do* agree that this is an *Ecuador* forum and would likewise prefer to stay on topic. However, occasionally folks accidentally stray for very legit reasons and bearing that in mind, I cannot allow this topic to "close", respectfully (and I mean that), on an inaccuracy. A foreign buyer of real estate in CR does *not* have 100% identical rights to purchase real estate as a natural born citizen of CR. As I stated previously, one cannot own island property, for example, as a foreigner. This is specifically stated in the "Ley sobre la Zona Marítimo Terrestre", Articulo 10. It clearly states such island properties to be solely "public domain". To date, legally unchallenged efforts to circumvent this process through a 20-year land-lease program reminiscent of Mexico's *old* system, *not* the current one, have been executed. However, there is no telling how CR courts would rule if challenged, by say, an eco-friendly group. It is irresponsible to suggest otherwise.
Attribution for the Ley sobre la Zona Marítimo Terrestre: www.tramites.go.cr/manual/english/legislacion/6043.PDF.
Additional collaborative reference: http://www.privateislandsonline.com/costarica.htm.
Furthermore, a good argument could be made, which I skipped altogether precisely because this *is* an Ecuador forum, that it is questionable whether beachfront land purchased and registered *after* 1977 can be *legally* sold to foreigners at all, since by statute only land registered prior to the 1977's Maritime Zone law, contains a grandfather provision providing for such ownership. The reason I don't raise a red flag is that so much of this "unscrupulous" practice has occurred already that it would require almost a wholesale "land confiscation" for a CR government decree to bring practice in line with the written letter of the law, and CR, earning all those Gringo dollars, has been reluctant to do so...thus far.
Supporting attribution: http://sanjose.usembassy.gov/proprigh.html (Under - "Hazards of Property Ownership").
Lastly, this is all made worse by the fact that most legal scholars concur that CR Article 31 of the Ley de Zona Marítimo Terrestre specifically allows discrimination against such foreign investment (CRC Art. 19 and ZM Art. 31).
Supporting attribution: http://sanjose.usembassy.gov/proprigh.html (Under - "Hazards of Property Ownership").
In fact, the lack of legal challenge in this arena, is precisely why the CR is *not* a "Buy" recommendation in our client portfolio. Now, as far as I am concerned, we can more than close this topic.
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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ILA
4/18/2010 12:54 EST
H, "CR while you can own beach front on the main land" "In Mexico when you PURCHASE beach front you receive an extended land LEASE.which can be renewed". is PURCHASING/OWNING PROPERTY NOT LEASING IT.
"CR,while you can own----" My point and I can even elaborate on China because my son in law is presently an engineer there but I don't care to take any more time.,on this and get into the global real estate compared to Ecuador. I will address CR as Eids mentioned it. CR and the LAW of maritime terrestrial zone is composed of two areas. The first 50 metres and the next 150metres Ecuador have NO laws resembling the DIFFICULT real estate possibilities in CR regarding beach front property. The first 50metres in Cr ocean front, is pronounced indisputable public. Government has, complete sovereignty over the area NO PERSON can argue any RIGHTS in this area.POSSESSION rights can NOT be acquired under ANY CIRCUMSTANCES.This means PRIVATE BEACHES DO NOT EXIST in CR. The next150 Metres, is also a restricted zone but can be LEASED.The LEASE being REGULATED, rules, restrictions, procedures are enforced and on and on. Not dissimilar to Mexico.The person can acquire the right of use but NEVER own that property. Asia has many similar set ups and is much more LEASE PRONE and ASIAN CITIZEN EXCLUSIVE,PRONE. THE PROPERTY IN THESE two Zone AREAS IN CR, can NEVER be registered in one's name,unlike ECUAOR. If the government wants it back and they have on occasions, unlike ECUADOR.They simply pay an indemnity,for the value of the land,as they determine it to be. They do NOT pay for structures, homes or improvements and APPRECIATION.THE REMUNERATION IS DESIGNATED BY COURTS and can take years. There are very few exceptions but some. Some of the wealthy LUXURY hotels, have "special laws" concerning their interest. May also have a mortgage, again DEPENDING ON THE COURTS.Another few exceptions are certain areas that existed on or before 1974,when municipalitieswere assigned to be involved in establishing the regulations and determined and often spotty use. Challenges can again TAKE YEARS. Ministeria de ambiente get involved and the out come is determined, according to the CRS' preference. That does not even begin to address the titles, signed by the Spanish crown, hundreds of years ago.These documents are still recognised by CR'S government today, as valid. Hoodwinking is common practice in CR ,regarding for sale signs on the beaches everywhere and perceived knowlege. I do not see any correlation to ECUADOR'S real estate practices, at this time. The Ecuadorean stance could in the future dramatically change, I suppose, to resemble CR and many other OCEAN FRONT areas on the planet. Therefore my POINT has been that for now,expats are very fortunate to be able to OWN, property registered, with NAME ON THE ESCRITURA,etc.
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HGQ2112
4/18/2010 14:00 EST
ILA - I will do something, I haven't done in a while, which is address this with rapid fire answers in "bullit point" format, based on your quotes. I am doing this because this thread, with each attempt to clarify, seems to be getting needlessly murkier, since CR law is crystal clear on this issue. For the record, *none* of my comments were aimed at anything you said, which prior to this response, I 100% agreed with, but now requires some clarification. I was aiming this at someone else's comments.
I am going to address comments, in the order stated:
1) "...is PURCHASING/OWNING PROPERTY NOT LEASING IT."
Not in my mind. Not by legal statutes anywhere that I know of in the world. Don't get me wrong, Mexico's *current* land-lease statutes are safe and effective. I have a buy recommendation on select Mexican markets. However, I'd still *prefer* fee-simple title, like that which is found in Ecuador and *most* (not all) of the United States. One is full ownership of land and structure, the other is full ownership of structure only and the underlying land is leased - *not* owned. I certainly make a distinction. If others wish not to...I advise them to do so at their own peril.
2) "The first 50metres in CR ocean front, is pronounced indisputable public. Government has, complete sovereignty over the area NO PERSON can argue any RIGHTS in this area.POSSESSION rights can NOT be acquired under ANY CIRCUMSTANCES.This means PRIVATE BEACHES DO NOT EXIST in CR."
At first glance, face value, your statement is true relative to the letter of the law. However, note even your own emphasis on "indisputably public" and "possession rights", which actually goes to my point. A lease is *not* a right of ownership or "possession", it is a right of "occupation". Some have split that very fine hair...and have passed along leasing rights to the underlying beachfront land, acknowledging the sovereignty of CR and that these lands are "public domain". In their minds - and, apparently, their attorneys - this is legally defensible because they are not conveying title or ownership rights, just "usage rights". This isn't factually debatable. It's happened...a lot...in CR. My concerns remain that the actual *letter of the law* seems to clearly state such bias against even this type of foreign involvement (your position) that I fear a legal challenge of notable proportions could send this system into a spiral. Those that disagree with me generally argue that CR would have too much to lose, because so many projects are operating in this "gray area". If the letter of the law you quote were truly enforced, many real estate projects could legally "change hands" tomorrow. If you think the rather passive efforts of Chavez, let alone the even more minimally passive efforts of Correa have been falsely greeted with cries of "land confiscation"...they would pale in comparison to what could happen in CR. That is why we avoid CR for investments. And, again, the "first 50 meters" clause is *not* applicable to islands or any other land mass structure completely surrounded by CR territorial waters. 50 meters...150 meters...200 meters...doesn't matter...no legal ownership by foreigners is allowed. Again, these 20-year land leases that have popped up on island properties are largely untested in the CR courts system. I suspect that some environmental group will challenge them some day. It's definitively there in black and white, as I cited...with attribution.
3) "Therefore my POINT has been that for now,expats are very fortunate to be able to OWN, property registered, with NAME ON THE ESCRITURA,etc. [in Ecuador - commentary mine]."
ILA - couldn't agree more! Ecuador is a much safer country to invest in, on the basis of legal statute, than CR.
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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Olon11
4/19/2010 00:16 EST
Okay, well to segue back to some sort of the original topic: Midgets......yes, Hector... I like it. We could do some sort show called "Diva Island - featuring the Little People with 14 billion kids and Counting" and sell it to TLC channel.
Subtitled "Serving Pinapple themed drinks with little paper parasols in CR territorial waters".
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Olon11
4/19/2010 00:25 EST
PS- Not to mention the slam dunk of turning out the "Housewives of Diva Island".
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HGQ2112
4/19/2010 13:25 EST
Hmmmm....."Housewives of Diva Island"....unless my "Bat Radar" is way off here...I just have the feeling that might be a little too edgy and dangerous for TV syndication.
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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OceanHideaway
4/20/2010 00:00 EST
Okay -- Hector you can have your white suite and black tie -- you can even have your tropical drink with an umbrella ...but I insist you wer the Where's Waldo striped stocking cap! ...or No Deal!
By the way ...could Poochie stand in for the sharp dressed midget? He has his SAG union card ;)
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pronto
4/20/2010 01:04 EST
Hector, Ollan and Susan, just read all your posts to my hubby, thanks for all the laughs.
Cheers, you guys are fun. Pronto
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OceanHideaway
4/20/2010 10:53 EST
Pronto~
Cupcake, Waldo, Poochie (& Gina -- she hates to be left out), Sting (from the Los Locos Lobos thread) and I look forward to you joining us on the Costa for some fun soon!
Diva Anconcito
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HGQ2112
4/20/2010 12:08 EST
Hmmmm...."Where's Waldo" striped hat? Sure...why not...but it's got to be black and white stripes...don't want it clashing with the spiffy wardrobe. An absolutely fabulous idea...Poochie as the well-dressed midget. That way...we lure in dog-lovers across the world...brilliant! Plus...we keep production costs to a minimum...paying out in dog biscuits.
HGQ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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