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Guatemala Expat Forum

legal details of purchasing land

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dAlen

From: United States
1/1/2005 13:51 EST

Hello,

I have qute a few questions about purchasing land in Guatemala. I would appreciate any help that can get from those of you who are familiar with the country.

I have read a few interesting bits:

1) While foreigners can own property, the are restricted from owning land that borders rivers, oceans, or international borders....
...is this true? No water front property?

2) Eslewhere I have read that Guatemala is the only country in Central America where you cannot prove if you own land or not...and that people have disputed land rights...

I am most interested in land that is in the rainforest by some river.

Thank you

Gods Peace

dAlen

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armandatitlan

From: Guatemala
1/3/2005 00:21 EST

Hi Alen,
To your question #1.
Yes foreigners cannot own land that borders rivers, ocean, lakes, and international borders. THe distance vary according the type of land, for example it is 50 mts for rivers, 200 mts for lakes. But foreigners can ask the government for a lease contract according the law for 30 years but it seems they are issuing contract for 15 years right now. THese contracts are negotiable, transmitable.
THere are 2 exceptions at the rule for water front property if the land is registered before 1956 and if the land is in urban area. Both conditions doesn't aply to most of the water front land.
Question 2
The land question is a complicated ones in Guatemala and there is some conflicts between some comunities and the government. As the central government doesn't have the means to control all the water front land in the country often the land get used by the comunities which after doesn't think they should be ruled by a far away government. There is indeed some disputes for land rights but it is not a generality at all. You can prove your rights if the land has been acquired legally.
Before buying land in the rainforest be sure that it is not in a protected area. As a lot of the rainforest is protected area....
Armandatitlan

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pato23

From: El Salvador
2/15/2005 15:58 EST

No you are wrong that is Nicaragua..if you wish to purchase land in Guatemala we can assist you..best e mail me donaldlee@thepolyglots.com for info.
www.thepolyglots.com
http://www.travelblog.org/Bloggers/caguide/

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Artchoice

From: Guatemala
2/23/2005 23:02 EST

I just aquired some land along a river in Rio Dulce.. it's rented as mentioned. It's quite an ordeal to obtain but for 72 meters of water front it was worth it.

The non protected land can be owned by purchasing and making it legal thru the proper channels here.

Yes.. some land can be disputed, this would be land that was never registered legally.. and that kind of land does exist. With never registered land you will have to wait a max of 10 years, risky I think. It's usually land aquired by written concent of the local mayors office, many years ago.

Otherwise most land can be bought and sold. As with any major investment you should use a reputable lawyer and play it safe. You should fence the area in right away and post a sign.

It's not difficult.. but buying land and many other things require time... I would always ecommend you live in the area you like for 1 to 3 months before taking the leap.

Wish you were here... We live in the Antigua area and LOVE IT!
When are you comming down?
Art

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