How to Obtain a Property Title for Land You Have Owned for Years Without a Deed (Ley de Informaciones Posesorias)

In Costa Rica it is common, especially in rural areas, for someone to work on and possess a piece of land for years without ever having a title registered in the Registro Público. The Ley de Informaciones Posesorias (Ley N.º 139, of 1941, amended several times) is the legal mechanism to obtain that title based on possession.

Main requirement (Artículo 1): demonstrate possession of more than 10 years, meeting the conditions of Artículo 856 of the Código Civil (possession in good faith, as if the possessor were the owner). If the applicant has not completed those 10 years on his own, he may add the possession time of those who transferred the land to him (Artículo 863 of the Código Civil), provided he can prove the transfer with a public document.

What must be presented: among other documents, a national ID (cédula de identidad), a cadastral map of the land, a certification from the Registro de la Propiedad (to confirm the applicant is not trying to title more land than allowed by stacking multiple requests), and a detailed description of the possession — crops, constructions, improvements, and if it is a livestock farm, certification that the iron brand or cattle brand is registered in his name.

How the process works (Artículo 5): a judge reviews the application, notifies neighboring owners and co‑owners (if any) so they can raise objections within one month, and orders the publication of an edict in the Boletín Judicial giving any interested party another month to claim. Participation is always given to the Procuraduría General de la República, and to the Instituto de Desarrollo Rural (INDER, formerly ITCO) when the land is rural.

Important limits:

• The title obtained through this route cannot exceed 300 hectares, and the limit cannot be circumvented by filing multiple successive requests for the same land (Artículo 15).
• Property acquired this way is protected against third‑party claims only after 3 years of registration in the Registro Público — before that, someone with a superior right could still contest it. That period shortens to just 1 year specifically when the land is to be used as collateral for a loan with the Sistema Bancario Nacional or Banhvi (Artículo 16).

Note: this is a judicial process (handled before a judge, not a simple administrative procedure), and any false information in the application is considered a sworn statement — lying can constitute perjury. For an actual case it is advisable to hire a lawyer experienced in agrarian or registration law, especially if there are disagreeing neighbors.