What is disputed here
Actions to recover title, possessory actions, eviction and collection proceedings with mortgage security. These are distinct matters with distinct requirements, and choosing the wrong route costs months and fees.
02 / 04
Title recovery, possessory actions and eviction in Costa Rica
Here the dispute is not about who is right, but about who has the right to use, possess and recover a property, and what evidence proves it.
Choosing the route
The title action disputes ownership; the possessory action protects possession; eviction resolves occupation derived from a contract. One property may allow more than one, but they do not serve the same purpose or rest on the same evidence.
What evidence decides the case
The registered title, the cadastral plan, the registry history, inspection records and proof of acts of possession. When the right is clear but occupation continues, the problem stops being declaratory and becomes one of enforcement.
Enforcement and auction
A judgment that is not enforced resolves nothing. Enforcement includes removal, valuation and judicial auction, and there the client learns whether the property is recovered or only an expectation is.
Possession without title: what can be proven
Where there is no registered deed, the case is built on facts: continuous acts of possession, improvements, utility payments, witness testimony and municipal records. That evidence does not dispute ownership, but it can support a possessory action and, in certain cases, acquisitive prescription. The difference between defending possession and disputing ownership defines the process and its length.
Frequently asked questions
01Can I recover my property if someone occupies it without title?
Yes, but the route depends on how possession was lost and on the available evidence. Title alone does not vacate: the process must be defined and, above all, how the ruling will be enforced.
02Is a possessory action useful without a deed?
The possessory action protects possession, not ownership, so the absence of a deed does not prevent it on its own. What is proven are the acts of possession and their continuity. Whether it is advisable is assessed with the file in hand.
03What happens if the tenant stops paying?
The lease and the arrears are reviewed, and it is decided whether collection, termination or both apply. Both can run, but the order and the evidence are planned before filing.
Request an assessment of the case.
The initial assessment establishes what is at stake, what it will cost and what the real prospect is.