Custodia and NCA Announce Negotiations

FOR IMMEDIATE RELEASE 

Custodia and NCA Announce Negotiations 

S.A de Custodia de Propiedades Guanacastecas and the Nosara Civic Association have entered into negotiations concerning several specific double-titled properties that have been at the center of numerous legal disputes for the better part of 40 years. In the best interests of the community, and looking to the future, both parties agree that the most reasonable and prudent path forward is to try to reach a mutually acceptable arrangement that would provide legal certainty around titles for the properties in question, possibly for the first time in the history of the Beaches of Nosara development.

For the NCA this presents an opportunity to move forward while sharpening their focus on one of their biggest goals, which is to permanently protect the properties commonly referred to as the “Parklands.” These properties provide important biological corridors for wildlife as well as critical “green spaces” for the community, and maintain an essential balance to development in the area. This balance is critical to the health, longevity and well-being of the residents and businesses that the NCA strives to serve.

For Custodia, the properties under discussion with the NCA represent one piece of a larger puzzle involving the many transposed, double-titled properties that exist within the mother Finca 24113-B. Custodia is optimistic that the negotiations with the NCA will be productive, and is prepared to make some concessions in the greater interests of the Nosara community, but in the meantime will continue to administer and maintain 24113-B, and move forward independently with all current legal proceedings already underway.

“These promising negotiations are a perfect example of the power of using more collaborative and integrated approaches in order to find long term solutions to problems within the Nosara community”, said Nice Alterman, President, Nosara Civic Association. “We look forward to finding a way forward in a manner that builds certainty and mutual respect that can benefit everyone.”

“My family has been in this area since the 1970’s, and I have a deep love and respect for the uniqueness of Guanacaste, its people, and the Nosara community” said Brooke Shields, President, Custodia. “What I have learned, through years of complex negotiations in business and non-profits, is that respectful collaboration often can lead to a more satisfactory outcome.”

Custodia and the NCA will release information when available, as these negotiations progress, in an attempt to close a chapter of deep divides. While just one step in a larger process, a meeting of the minds between NCA and Custodia – and resolution of some of Nosara’s longstanding land disputes – would represent a significant leap forward in resolving issues that have plagued the Nosara community for decades.

Contacts:

Nice Alterman, nice@mcn.org

Brooke Shields, bxs@comcast.net

PARA PUBLICACIÓN INMEDIATA 

Anuncio de Negociaciones entre Custodia y la ACN 

S.A. de Custodia de Propiedades Guanacastecas y la Asociación Cívica de Nosara han entrado en negaciones con respecto a ciertas propiedades que se encuentran doblemente tituladas y, por ende, han sido objeto de numerosas disputas legales por aproximadamente 40 años. En busca de la satisfacción de los intereses de la comunidad, y mirando hacia el futuro, ambas partes han consideran que el camino más razonable y prudente es buscar un acuerdo aceptable para ambos que proporcione seguridad jurídica en relación a las propiedades cuestionadas, probablemente por primera vez en la historia de Playas de Nosara.

Para la ACN esto significa una oportunidad para seguir adelante, centrando su atención en uno de sus principales objetivos, que es lograr la protección permanente de las propiedades comúnmente conocidas como “Parklands”. Estas propiedades crean corredores biológicos importantes para la vida silvestre, así como espacios verdes esenciales para la comunidad, y además ayudan a mantener un equilibro en el desarrollo de la zona. Este balance es crítico para la salud, longevidad y bienestar de los residentes y comercios que la ACN busca servir.

Para Custodia, las propiedades que están siendo discutidas con la ACN, representan una pieza de un rompecabezas más grande donde se encuentran más propiedades traslapadas y/o doblemente tituladas que afectan la finca 5-24113-B. Custodia es optimista de que las negociaciones con la ACN serán productivas, y está dispuesto a hacer algunos sacrificios en contraposición a los mayores intereses de la comunidad de Nosara. Sin embargo, mientras tanto continuará administrando y manteniendo la finca 5-24113-B, y avanzando independientemente con todos los procedimientos legales que se encuentran en marcha.

“Estas negociaciones prometedoras son un ejemplo perfecto del poder que deriva de utilizar enfoques más colaborativos e integrales, para encontrar una solución a largo plazo de los problemas dentro de la comunidad de Nosara”, dijo Nice Alterman, Presidente de la Asociación Cívica de Nosara. “Esperamos encontrar una solución beneficiosa para todos”.

“Mi familia ha estado en esta área desde 1970, y tengo un profundo amor y respeto por la singularidad de Guanacaste, su gente, y en especial la comunidad de Nosara” dijo Brooke Shields, Presidente de Custodia. “Lo que he aprendido a través de años de negociaciones complejas y transacciones sin fines de lucro, es que la colaboración respetuosa a menudo puede conducir a un resultado más satisfactorio”.

Custodia y ACN darán a conocer más información en cuanto esté disponible, mientras que estas negociaciones avanzan, con el fin de cerrar un capítulo de profundas divisiones. Aún siendo un pequeño paso en un gran proceso, una reunión entre los representantes de Custodia y la ACN – y la resolución de algunos de los más antiguos conflictos de tierras en Nosara – representaría un avance significativo en la resolución de los problemas que han afectado a la comunidad de Nosara en las últimas décadas

Contactos:

Nice Alterman, nice@mcn.org

Brooke Shields, bxs@comcast.net

Crisis or Opportunity? New Law Brings Changes to Legal Status of Ostional Wildlife Refuge – What Does it Mean?

The Oxford Dictionary defines the term “refuge” as “a place offering shelter and safety from pursuit, danger or trouble.” Given the eclectic mix of characters that call Nosara home this definition could be as fittingly applied to the human inhabitants as it could the wildlife for whom it was created to protect. Amongst the myriad of non-human animals for whom this unique stretch of Guanacaste coastline offers sanctuary one stands out above the rest – the turtles. Some food for thought the next time you’re enjoying a sunrise stroll down Playa Guiones, or looking at the night stars grateful to be in a place unfettered by the tourism fueled ravages inflicted on Playa Guiones’ coastal cousins: the lack of construction directly on the beach, and within 200 meters of the coastline, did not happen by accident.

Who is responsible for this defining characteristic of the beaches of Nosara? The most obvious entity, as most know, is the The Nosara Civic Association, otherwise known as the NCA. They have contributed much of the conservation work critical in the expansion of the original refuge to include Pelada and Playa Guiones. Additionally,  many independent noble crusaders along the way have fought tooth and nail to retain the magic of the area, but the lion’s share of the gratitude belongs to another group entirely, that may not be so obvious. Yes, you guessed it; the turtles. If it weren’t for these languid, parrot beaked reptiles, the coastal skyline stretching between South Playa Guiones to Punta India may look very, very different. Why? Because in 1981 the Costa Rican government acknowledged that the biological phenomenon that takes place at Ostional required legal safeguards and declared the area a wildlife refuge. Fast forward 34 years later; on March 2nd 2016 a law was passed regarding the Ostional Wildlife Refuge that has the potential to change the face of this area forever, if not managed correctly and given the proper resources and attention it needs.

What is the refuge?

In 1981 The Ostional turtle refuge  was created (Decree 13200-A)  encompassing the land between Nosara River Mouth to Punta India to protect populations of nesting sea turtles. In 1985 the Ministry of Agriculture passed Decree N° 16531- which extended the refuge to include Playa Guiones and Playa Pelada. In 1992 law 7317 confirmed that national refuge status would be given to land within the maritime zone (a strictly government owned area encompassing all land within 200 meters of the high tide line, therefore, not allowing private occupations). This gave refuge status to a total of 461.4 hectares of protected land and 8,089.6 hectares of protected ocean.

Legalities aside, the refuge status is responsible for preserving the characteristics that leave visitors stunned. More importantly, it is the bedrock of the community as we know it, and the only weapon available to those fervently striving to protect the mind-blowingly beautiful wonderland they call home.

What is the new law?

On March 2nd 2016 law 9348 was passed, bringing distinct changes to the legal status of the Ostional Wildlife Refuge, changing the status of the refuge from State-Owned to Mixed-Use governed by a management plan yet to be finalized. In effect, this law does three things:

1.  Grants rights for sustainable use of refuge resource. This includes turtle egg harvesting, that has happened for many years in a reasonable and sustainable manner, and sustainable fishing. Additionally, in order to maximize public enjoyment of the beach a public use regulation program is being drafted to delimit beach parameters. What is the biggest consequence of this modification? If the activity remains at responsible and sustainable levels, the way of life and livelihood of these communities that has persisted for decades will continue to the benefit of those who need it most.

2. Those currently living in the refuge will be granted concession rights. Anyone living inside the refuge since or prior to March 2006 is eligible to apply for concessions for the land on which they live. Applications will be investigated and verified in line with a 2008 National Catastro Office which documented land parcels inside the refuge, and those living on them. Each case will be judged individually. Those who receive concessions and proceed with renovations must comply with the specific refuge urbanism regulations currently being drawn up. Renovations must be supervised by refuge administration (MINAE). No construction may be sold, rented and must operate within the approved parameters.   In other words : Ostional was a village before the refuge. The creation of the refuge back in the 80s meant that only those involved in research, ecotourism, or protection could remain, and thus, everyone who lived within the 200m zone was doing so illegally. Naturally, this became a huge source of anxiety for residents who remained in a state of flux, not knowing whether they would be able to remain in their homes. Many argued this law was passed with disregard for local residents, and without considering properties with titles granted prior to its enactment. In response, the residents went to the constitutional court requesting to suspend this motion. The new law states if habitants pose no threat to the turtles, and can provide proof they have been living there for ten years they can stay. In short, this law enshrines the rights of those who have lived on this land for generations. Are there any unintended negative consequences? It is possible, but unclear. They key point is this: Any law implemented to protect the residents of Ostional applies to the entire refuge. In legal terms Playa Guiones and Pelada are joined at the hip to anything that happens in Ostional. The law states that the only people who can stay are those who can prove they have been there for ten years. Authorities (MINAE) assigned to prevent further human encroachment during this period have clearly failed, and in the past 24 years resident numbers have multiplied. The best example of this is Pelada, where the majority of the 200m zone is inhabited, in many cases by people who have arrived within the last ten years. In all likelihood the yet to be resolved dilemma concerning the future of these people can only result in a legal quagmire.

3. People with titled property inside the refuge will be granted the right to build.  Inside the 200 meter zone lie a number of properties inscribed prior to the creation of the maritime zone law in 1977. These property owners will be able to apply for construction permits and must comply with conservation restrictions outlined in the zoning proposals of the management plan. This plan is currently under development. An impact study must be undertaken before any construction permits are granted. People with titles inscribed prior to the implementation of the Maritime law will be granted the right to build and renovate – providing this activity conforms to environmental regulations.Could this have potential negative impacts on the refuge? That depends on perspective, as stated above “People with titles inscribed previous to the implementation of the Maritime law will be granted the right to build.”  Unfortunately, this echoes back to the previous point of Ostional and Playa Guiones being tightly linked. MINAE has stated that up to 60% of land situated in the refuge has titled ownership inscribed prior to refuge status declaration. For now, until the management plan of the refuge is completed, no one can say for sure the risks of construction within the limits of the refuge.

 

What can you do?

Effectively, at this point, the simple answer is very little other than to be aware of both the circumstances, and the fact that the NCA is doing what it can to monitor the situation. Community awareness is crucial, but community participation even more so at this moment in time.

Nosara Real Estate Report will do its best to update the community on this new law and its implementation as more information is available in the immediate future. If you would like to get involved and help out in this transition phase and be part of something that will shape this community for years to come, we encourage you to support the Nosara Civic Association in their efforts, as they are one of the leading entities helping develop the management plan for the refuge that will ensure fairness and environmental protection that is so crucial to the longevity of this area.  Please visit their website www.nosaracivicassociation.com for more information, and to become a new member, please click here.

Nosara Real Estate Report – 2016 Midyear Update – Real Estate Roars, First Annotations Removed

As many in Nosara know, the start of the 2015 real estate sales season saw relative weakness, especially after the Registro Nacional placed over 600 annotations on properties in the Nosara area between the months of March and May of 2015. This caused an expected but short-lived pause in real estate activity, as buyers needed to wait for more information and for the dust to settle, while sellers needed time to figure out if they had an exposure to the annotations and, similarly, what it all meant. As information became available, buyers came to realize that besides the 86 fincas and 90 planos with critical flaws (all of which are transposed properties and at the core of the widely known legal proceedings between S.A. de Custodia de Propiedades Guanacastecas and the National Land Registry and State of Costa Rica), the majority of properties with annotations, when analyzed on a case-by-case basis, do not have serious issues and can be purchased and sold, built on, used and enjoyed with confidence.

With the dust having settled, the real estate market picked up steam during the major sales season between December 2015 and April 2016. So, what were the major trends this year? Let’s take a look:

  1. The 2016 market opened very strong, with a high level of activity in sales and purchases making up for the reduced number of transactions in 2015 as a result of the annotations.
  2. The market activity was very segmented. Sales in properties valued under $250,000 were healthy, proceeding at a normal pace as compared to the last few years. Properties between $250,000-$750,000 slowed, with a reduced number of transactions in this price range.  However, the market of properties, homes, and real estate transactions over $750,000 saw a huge uptick, with a number of seven figure sales transactions over the course of the season, nearly equaling the activity of the last 3-4 seasons.  “High-end“ and “Millionaire” buyers have chosen Guiones as their place to be, with a few transactions in Pelada and almost none outside these two areas.
  3. Transactions in commercial- and business-related opportunities also picked up, as the beach areas become more and more oriented towards the tourism and hospitality industries. Investors seeking “location” were buying for “built-in clientele,” an established track record, and a solid foundation for their businesses.
  4. While the immediate beach areas (I, J, K, G, and H Sections) have seen a trend towards almost entirely commercial- and business-oriented transactions, the EE, E, and F sections had a very big uptick in sales activity due to lower inventories and higher prices, prompting buyers to act quickly to secure the few homes and lots still available with high quality views, which lots also afford more privacy and residential-oriented living. Sales averages for the top tier view properties, with only half-an-acre lots, have now eclipsed the $1,000,000 mark. Property prices in the EE, E and F sections have approached all time high prices, being driven largely by permanent residents deciding to relocate from the immediate beach areas because of commercial and tourist development near the beach.

 

This was a very busy sales season for Nosara, and the trend seems to be continuing into the second half of 2016. Inventories are at record lows and prices continue to rise.  The best inventory still on the market seems to be homes in the mid-price ranges of $250,000-$750,000; there still are some deals on the market for homes in this price range. Click here to see Casa Verde, a 3 Bedroom Home on 1/4 Acre with Pool and walk to beach/shops and restaurants in Guiones North, for $575,000.

 

As the current sales season comes to an end, the biggest news to announce is the official lifting of annotations by the Registro Nacional on over 130 properties the vast majority of which are in the C section of Playa Pelada. The resolution issued by the Director of the Registro on May 2, 2016, based on informe DRI-CTE-04-0015-2016 issued on March 11, 2016, is the result of a technical study completed by the Registro on finca 47704, and on properties with annotations subdivided from 47704, to determine if the annotations should be lifted or continued.  As was previously reported by the Nosara Real Estate Report, the majority of annotations in Pelada exist solely because of a technicality that is seemingly irrelevant and without merit. With the recent removal of 130+ annotations, the Registry has taken its first step towards cleaning up the mess created when the annotations were issued, thereby providing a higher level of confidence in the land registry system and renewed good faith in this public institution.

 

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One of the areas in conflict, double titled property on the Guiones/Pelada border.

How did these annotations come to be removed? Although there are now a number or law offices requesting legal fees in order to attempt to lift annotations, the order to remove the annotations was issued by the Director of the Registro, as a result of further review of the Ampliación Informe Expediente 2010-336-RIM published in November 2014 (RIM-CCT-CT-62-2014).  Annotations in the C section were removed only on properties deemed to have no material defects because they presented no problems with overlaps, double titles, or transpositions.  Annotations on properties in the C section that overlap with the ZMT (Maritime Zone) were not removed, and a few new annotations for properties overlapping the ZMT just were issued.

 

What are next steps? We cannot say for sure, but it appears that the Registry will start to go section by section in the Nosara area to remove annotations from properties that should not have annotations and start to provide some property owners with clean titles and legal certainty.  In the case of the 86 fincas and 90 planos transposed within the mother property of S.A de Custodia de Propiedades Guanacastecas, there are a number of legal proceedings underway that likely will determine any resolution, which are independent from the recent study of finca 47704 described above.

 

It appears the Registro will continue looking independently at each section and property on a case by case basis, to determine which of the remaining annotations should be removed.  We urge caution for property owners who are paying legal fees for services to remove annotations, as many have tried and been rejected by the Registro while it completes its own independent studies of the Nosara situation.  

The removal of the annotations is a small consolation to those who still may have big concerns about their property; but in the larger scale and big picture, it is a welcome step in a process that has been so confusing and frustrating to many land owners in Nosara. Only time will tell how things ultimately will play out as the National Registry moves forward, but this certainly is very positive news.

Passing on the Passion – “Nosara Surf Shop” Sold to New Owners

There’s a good reason people continue to surf into their twilight years. The popularity of the “Old Guys Rule” apparel among sun weathered surf veterans denotes a novel yet complex archetype of someone for whom, at some point, surfing became as crucial as love, drugs, food or anything else to get hooked on. From the desert coasts of Western Australia to the sub-zero shores of Iceland surf culture is rife with individuals that at some point surrendered themselves completely, no matter the cost, to an environment and lifestyle that continues to sustain them into their golden years. Hang on though. Can the same not be said about golf? The short answer is no! As a surfer the range is not always open, the tee time can never be set, and the perfect arena (Kelly Slater’s latest project ostinotwithstanding) can’t be terraformed. Instead, the successful pursuit of finding pumping waves, empty line-ups and aquatic bliss requires attuning oneself with fundamental natural patterns – weather, wind shifts, ocean rhythms, swell systems, and the elemental ebbs and flows of nature itself. Blissful as this may sound, and rewarding as it may be, this pursuit can be deceptively demanding; so demanding that for many a surfer it requires trading in a “normal life” to follow their passion. In short, it’s a lifestyle commitment that demands sacrifice.

For arguments sake let’s assume you’re neither independently wealthy or a WTC top 44 shredder, but you’re nevertheless determined to forge a lifestyle involving perching yourself atop of a board in pursuit of perfect lines. One such individual is life-long surfer and Nosara Surf Shop owner Michael Rourke. Another such individual is Ken Park, a former top ranked pro skater famed for dominating vert ramps in the late 80’s. The connection between these guys is two-fold. Firstly, they both embody the determination necessary to combine ones personal stoke with a way of making a living. Secondly, Ken Park, who linked up with friend and business partner Gary Cameron, make up the new team that have recently acquired the Nosara Surf Shop from Michael Rourke. Yup, you heard it here first. The new joint commander-in-chief of one of Nosara’s hallmark surfing institutions is one of the skateboarding worlds most celebrated sons.

Nosara Real Estate Report caught up with the characters involved in this landmark deal to get the scoop. Let’s begin with Mike Rourke. After a twenty year stretch lifeguarding at his home break in New York’s Rockaway Beach, and after many a winter spent riding Hawaii’s North Shore, Mike was seeking a wave rich sanctuary to call home. After  making his way to Hawaii in the 1990s, the North Shore Line-ups became increasingly hostile to outsiders, which prompted Mike to cast his surf radar further afield. “Obviously the North Shore experience was incredible” says Mike, “but this was a time when the aggression levels in the line-up were rising almost as fast the house prices. In 1997 on the advice of a friend I arrived in Nosara. The vibe was incredible, the people were cool,  It was love at first sight.”

Upon the realization he was here for the long haul Mike then faced the dilemma many committed surfers throughout the ages have wrangled with — how to fund the endless summer? “Nosara Surf Shop opened in 2000”, says Mike. “Since then I’ve woken up every day with huge gratitude that I’ve been able to make a living out of something that i’m truly passionate about. There’s a lot of great aspects to running a surf shop. Other than obviously getting to surf great waves every day of my life it’s an incredible way to meet people, and exchange stories with tourists stoked on being here and surfing. It’s been a wild ride, and although selling Nosara Surf Shop has been an emotional farewell I couldn’t be happier with who’s taking over.”

Enter the other guys; investor Gary Cameron, and ex-pro skater turned media executive Ken Park. Originally from Boston and now based in New York, Gary had been coming to Costa Rica for 5 years to spend time surfing up and down the Guanacaste coast. When he arrived in Nosara he was instantly seduced. “Nosara is an incredible place” says Gary. Everyone you meet seems to be loving life and living it on their own terms and that’s something that really appeals to me. The people I met share the same philosophy in terms of keeping it how it is, and working to prevent it going the same way as many other over-developed tourist towns. I love that attitude. In regard to his idea to purchase the Nosara Surf Shop Gary says “my desire to open a shop, along with me wanting to spend more time in Costa Rica seemed to come together perfectly when I discovered Nosara Surf Shop on the market and available for sale. After speaking with Ken, who was overjoyed when he found out Nosara had a skate park, we agreed that this was both a great way of playing a small part in preserving the soul of the town and a great legacy investment.”

Gary’s partner Ken – who was ranked 7th in the world for five years straight during the late 80’s also knows a thing or two about lifestyle. As a team rider for Vision Streetwear Ken spent his early twenties globetrotting around the worlds skate parks. He says these experiences continue to help define who he is today. “Back then was a unique time in skateboarding history” says Ken. “No matter where I went in the world there was an instant brotherhood among the skate community. What’s crazy is that I immediately felt that same connection with the people I met in Nosara,” he continues. “Gary and I would go out at night and everyone we met shared the kind of bond forged by people living a common lifestyle based around the pursuit of their passions.” As a committed skate hound it’s no surprise that the icing on Ken’s cake came when he found out Nosara had a skatepark. “Ive skated everywhere in the world and all I could think was what a perfect extension of the Nosara surfing and lifestyle mindset. Skateboarding and surfing are about having a great time, and sharing a great vibe with friends” says Ken.

For Mike Rourke he has stayed true to the Nosara Surf Shop original mission statement. “I wanted to create a soulful, off the beaten track surf shop where people would feel at home” says Mike. “One of the best things about selling the shop is that the new owners are continuing the lifestyle brand that I’ve worked to establish, and if anything enhance it.”

“Mike Rourke has done an awesome job and I really respect the purity of his intentions. He’s been very gracious and incredibly helpful. Here’s a guy who shaped a life around only ever wanting to surf everyday. He found a great way to do it, and it is inspiring” says Gary Cameron.

Ken Park representing “Gullwing Trucks”

“Being part of this surf shop is a dream come true” says Ken Park. “Gary and I come from different backgrounds but every idea we have about the place is aligned. I loved talking to Mike Rourke and I love what he created. It came from a great place and we just want to add to the passion and motivation he put into the place.”

Jeffrey Grosshandler, the owner of the local RE/MAX real estate Franchise and the real estate agent that facilitated the sale remarked “it’s been exciting to oversee a deal where both buyer and seller display the same high levels of excitement and satisfaction about a transaction. The new guys are coming in seamlessly from where Mike left off, which is the best case scenario for this kind of exchange. Nosara Surf Shop is a part of the Guiones landscape and being able to help preserve a place like that is one of the things I love most about my job. These guys are a great addition to town, and I’m happy to welcome them.”

TICMAS

Seconds away from Nosara Surf Shop, in the heart of the Guiones sits another fantastic turnkey business and real estate opportunity available for sale. Home to Tica Massage and Studio Guiones, this is the last opportunity of its type available for sale  with location adjacent to the Harmony Hotel.

In some ways Nosara finds itself at a crossroads — a choice between embracing growth while staying true to it’s soulful origins, or just embracing growth irrespective of what form it appears in. Luckily, if it’s an Apple store you’re after (the organic green juicy type not withstanding) then Nosara is light years away, and if economic progress involves the appearance of a McDonalds then this town remains proudly primitive. Although change may seem inevitable it’s both refreshing and encouraging when a rare deal takes place that ensures the ambiance of Playa Guiones, just like the relentless cycle of Pacific Swells that hit it’s shores, remains as amazing as ever.

Ocean view lots in a solar powered surfing Shangri-La. A profile of Ostional’s NIMBU reserve.

74911Google the term “Ostional” and you’re likely to be met with an endless string of entries regarding the incredible phenomenon for which it is so famed. “Arribada” is the name given to the event in which tens of thousands of Leatherback and Olive Ridley turtles make their way ashore to dig nests and lay eggs. This incredible spectacle prompted the World Wildlife fund to name Ostional as one of the most important and valuable nesting sites in the world for these graceful creatures. Although the Arribada event ranks high on the list of things Ostional ostioffers, many visitors remain oblivious to the wealth of treasures that this town hides. However, a little searching is all it takes to discover the many hidden gems of this area, and little by little, a growing number of real estate investors are waking up to the fact that the abundant natural beauty, stunning ocean views, uncrowded surf, and close proximity to Playa Guiones all come together to form a lifestyle combination as rare and precious as the biological wonder that it hosts. Development in Ostional has rightly remained under the radar, and in order to ensure the natural beauty remains intact the developers at Ostional’s “NIMBU residential reserve” have worked hard to keep to a low impact design ethos. The net result is a development project which offers residents the chance to dwell in sustainable luxury in a modern day Garden of Eden.

NIMBU residents can look forward to waking up to views like this from the comfort of a secluded luxury home.

In the ancient Costa Rican native Chorotega language the word “Nimbu” translates to “water” and symbolizes the purity of living close to the coast. The Nimbu development is tucked away on one of the hills overlooking the Playa Ostional turtle reserve and was designed to appeal to community minded individuals who value sustainability, ocean views, natural surroundings, and surfing incredible waves. The mission statement was simple: to provide the best possible infrastructure with pathways to conscious development that are both socially inclusive and environmentally sustainable.

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Breakfast barrels at Playa Ostional

“Nimbu was created to foster a vibe where we can connect with the ocean and the land around us while also having the amenities and infrastructure we need to stay attached to our busy lives’” says project developer Mike Cothran. “The goal for me as a developer has not been to make a profit, but to provide a few large private spaces with some of the best utilities in the country. It is like taking a pretty painting and finding the best way to frame it. A place where my own family could imagine building our dream home and spending the rest of our days. To accomplish this, we have spent the last 5 years working on a sustainably based infrastructure. And although Nimbu has a rustic, nature filled exterior, underneath it can provide us everything we need and expect out of a modern off the grid community.”

A visit to the development provides conclusive evidence that the developers have striven to meet the high standards imposed by themselves. Because of Nimbu’s proximity to the turtle reserve, one of the main advantages for residents is the guarantee that nothing can ever be built between the development and the ocean, meaning that the biological treasures will remain undisturbed, and that views can never be obstructed by future development. In addition to limitless fresh water from the underground wells delivered via solar pumping stations residents are also offered homes where all the power is provided via the extensive solar technology waiting to be installed. In order to address concerns whether lighting from the development would confuse turtles all road and access lighting has been designed to be turtle friendly and energy efficient. Last but not least the developers planted over 14,000 plants in 12 irrigation zones. The irrigation zones were designed to reduce water consumption , and all plants are low water consumption native species that provide year round color and attract an abundance of local wildlife species.

Ocean view lots at the Nimbu development start at $200,000. To contact us about this opportunity click here, or to check out the listing directly click here.

Casa Vidrio – K section Playa Guiones – Walk to beach – Family home and workspace

Imagine you had the ability to travel anytime, anywhere — and that you could whisk the family off to a destination most only dream of, to a house you love rather than a place where you’re forced to live out of necessity. To most, this remains a mere pipe dream which in many cases comes down to one thing – your job!

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On top of the stunning main house Casa Vidrio comes with an array of office space and/or rental unit options.

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Yoga studio, fitness room, open plan office? The choice is yours.

Ask any Playa Guiones ex-pat resident which question they are most frequently asked by visiting tourists  and the answer will often be the same; what do you do for work? Although the most obvious answer would be seemingly in the tourist trade times are changing. Scratch the surface and you’ll find a rapidly growing expat demographic lucky enough to be able to fund their life in Nosara by working remotely.

Nowadays a growing number of large companies are warming to the idea of being able to hire top global talent without them having to relocate, and nowhere is this trend reflected better than within the Nosara community. Nowadays whether it be tech professionals, designers, digital artists and even musicians more and more people are taking advantage of the freedom and autonomy that remote working provides and are deciding to relocate in paradise. Although there are countless benefits of working remotely it is not without it’s obstacles. However, many of these daily challenges can be combatted with one simple thing; owning the perfect home in which to live and work. And from a real estate investment angle, the only thing that could top this would be a place not only ideal for remote working professionals, but also a place that offers a wide array of serious rental income opportunities.

IMG_2280Enter Casa Vidrio! Previously owned by a husband and wife team of integrative medical professionals, until recently Casa Vidrio was a flourishing health and wellness business delivering acupuncture and holistic treatments to many Playa Guiones residents. In addition to the 2 bedroom main home (the architectural prowess of Casa Vidrio earned it a feature in leading Costa Rican architectural publication Su Casa) Casa Vidrio also comes with a single bathroom, full kitchen one bedroom / office space apartment below it. Previously used as an acupuncture treatment IMG_2309center this space would serve equally as the perfect office space or a rental apartment. Adjacent to the main house is a beautifully designed 2 level structure featuring a single bedroom / office space, single bathroom, plus a full kitchen and living area.

The Nosara real estate market contains a wide spectrum of properties to suit all budgets and tastes. However, once in a while something truly different comes along, in this case Casa Vidrio. Whether you’re someone looking to relocate yourself and the family to work from home in paradise, or merely someone looking for a stunning and unique place to call home you’ll be hard pressed to find a better option than this stunning property.To see the listing click here. To contact us about this listing click here.

Nosara Yoga Institute For Sale – The Inside Story!

The news concerning Nosara Yoga Institute’s recent entry onto the real estate market has created a buzz among the growing number of yoga forerunners looking to set up shop in the holistic Mecca of Playa Guiones. The 4.25 acre property which incorporates a large, luxury family home, verdant tropical gardens, offices, and a wide range of practice and instruction facilities was recently listed with the ReMax First Choice Nosara office at a price tag of $5.25 Million. To find out more Nosara Real Estate Report recently spent time at Nosara Yoga Institute. We spoke with the owners about how this bastion of Yoga instruction came to hold such revered standing throughout the global yoga community.

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Standing in the shade of one of the many old growth trees it becomes readily apparent why Nosara Yoga Institute has come to be regarded as the Central American epicentre of Yoga practice and instruction. “Beginners often come for the postural yoga without realizing that its all connected through mind, body, emotions but importantly, by the environment,” says Nosara Yoga Institute co-founder Don Stapleton. “The program and the yoga are one thing,” he continues IMG_0941“but when these are practiced in a location like this it’s the Nosara environment that really transforms students. We’ve always striven to make the yoga as great as possible but still question whether we would have been quite so successful if it weren’t for an environment as special as this one.”

IMG_0893In 1994, amid the spectacular coastal jungle landscape of Playa Guiones, Don Stapleton and his wife Amba arrived in Nosara with the intention of offering students classes and courses that went beyond traditional poses and styles. “Before we arrived there may have been sparse pockets of yoga throughout Costa Rica, but we were the first to create a teacher training facility, and the first to create a residential environment where students could stay for extended periods,” says Amba Stapleton.

IMG_1006More than 20 years later, what began as a modest yoga bed and breakfast has evolved into a leading, internationally recognized center specializing in 200-, 300-, 500- and 1,000-hour yoga teacher training programs and RYT certification courses. Since it’s inception Don Stapletons creative and educational prowess, along with Amba’s directorial and entrepreneurial foresight have coalesced to produce a number of flawlessly designed, comprehensive programs including Self Awakening Yoga, Interdisciplinary Yoga, Pranassage and Vinyasa Flow. Don and Amba’s philosophy that running a successful business is it’s “own form of it’s yoga” has been crucial in cementing the reputation Nosara yoga Institute currently boasts. In IMG_0970addition to paving the way to transform Playa Guiones into the Yoga hub visitors and residents enjoy today, Nosara Yoga Institute has also established itself as one of Central Americas leading professional yoga teacher training establishments.

The most memorable compliment we’ve ever received is the same one that has repeated since the start. People tell us they’re not the same person they were when they came, and that their experience studying yoga here in the Costa Rican Jungle has fundamentally impacted their life for the better” says Don. “We’re proud of our teaching programs” continues Amba, “but we never forget that with yoga, the real teacher is nature. It’s a lot easier to teach people about their natural IMG_0918relationship with themselves when you live and work in a place like this. Living this remotely, next to such a great beach is the perfect platform for students to excel. The fact that we can help them while making a good living is a reward we will always be grateful for.”

20 years ago a young couple decided to cast off and follow a dream. They pursued their aspiration with gusto. After creating a sanctuary now considered unparalleled among the global yogic community Don and Amba have now decided to follow another dream; to write, travel, and teach.

IMG_0988This place is wonderful and has obviously been a huge part of our lives” says Don. “Even now it continues to grow, but we feel the time has come to hand over the reins to someone who can build on our successes.” In closing, Amba thanks the local community for the part they have played in Nosara Yoga Institute’s successes. “Were so grateful to everyone in Nosara,” says Amba. “This did not become a yoga mecca out of nowhere,” she continues. “The local community, the business people, we’ve been supported by everybody and will always owe a debt of gratitude to those who have supported us throughout the years.”

For more information on this property contact us. Click here to view the listing directly.

$130,000 Knocked Off This Spectacular Las Huacas Ocean View Lot

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Wake up to this every morning

Anyone who has ever surfed Playa Guiones can relate to looking to the shoreline and wondering how nice it must be to awake in a home on Las Huacas, check the waves over morning coffee, or wind down your day with another mind-blowing light show courtesy of a Costa Rican Pacific sunset. Unfortunately for many people, a quick search through the local real estate websites confirms what they suspected; that making this dream a reality is way above their pay grade. As news of Nosara and Playa Guiones hidden charms becomes more mainstream the prices of land, particularly land on Las Huacas Mountain continue to surge. However, occasionally something becomes IMG_1910available that places a lifestyle that many could previously only dream of within reach. In this case that ‘thing’ is a great piece of land on Las Huacas that has just seen it’s price slashed. If you have dreamed of acquiring a Las Huacas ocean view lot at a price that won’t break the bank then keep reading.

With sweeping Pacific views this Las Huacas lot really is the perfect canvas for the new owner to design a home to complement the naturally sloped terrain on which it rests. On viewing this lot for the first time, you’ll have a hard time NOT trying to visualize your future residence – a sanctuary built to foster a rejuvenation of mind, body and soul IMG_1912amid the tranquility of a breathtaking and secluded location, and WHAT a location!! This land sits at the end of the EE section (AKA Las Huacas Mountain) surrounded only by greenery, a few neighboring residences (all of which are valued South of a million dollars) and offers west facing ocean views interrupted only by a mosaic of lush verdant jungle.

IMG_1917We could forever elaborate on the magnificence of this property without coming close to doing it justice. Suffice to say that very scarcely does a piece of land like this hit the market along with a price reduction this large. If you’re one of those people finally ready to green light your dream lifestyle then this opportunity represents the chance to acquire a place you can proudly call home. Contact us now for more information, or click thi2s link to visit the listing.

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The top 8 best new things to check out in Nosara for 2015-2016 Season!!

The 2015 / 16 season has kicked off with a bang, and as visitor numbers increase so does the number of new business offerings from the Nosara community. From a range of new eateries through to a number of exciting new activities the list of things to do and places to go increases season by season. In light of this the Nosara Real Estate Report has put together a list of the top 8 new things we feel to be an essential part of any Nosara travel itinerary.

 

Nosara Mountain Biking

MBCWhen was the last time you heard the phrase “I just spent an hour on the treadmill and had such a blast?” In all likelihood – never. After signing up for Nosara’s latest outdoor pursuit you’ll see that for every lung squeezing, leg burning mountain slope you climb the descent that lies on the other side more than justifies the pain. Despite Nosara being famed as an “outdoor adventurers paradise” what many visitors overlook is the beauty on their doorstep a mere bike ride away, and there’s no better way to experience this than atop of a mountain bike, with the only sounds being the cries of the jungle and your own breath. If you’re looking to hit the mountains then leave your gadgets at home, forget your troubles, call local mountain biking prodigy Ricardo Moraga and get out there and experience both the beauty of the ride, and the true beauty of the Nosara landscape.

Location: Office located on the road running behind Kaya Sol Hotel

Call: 8880-2470

Website: http://www.nosaramtb-surf.com

Cafe Fiore

fioreIn a small corner of North Guiones one person has taken a small space and indisputably proved two things. First, that size doesnt matter. Second, that the only thing that’s important is the food. And the food at Cafe Fiore speaks for itself. On the strength of such delectable dishes as the eggplant parmesan, or the fuego sandwich (among a wide range of other delicious sandwiches), or even the incredible cappuccinos, Cafe Fiore has built up a religious following among locals and tourists. The food is unbeatable, the prices reasonable, and the portions more than enough to get you fully stocked on the carbs you’ll need for a day battling the waves.

** Editors Note – Being From New Jersey/ New York, we take our Italian sandwiches very seriously. I can say that the “New Jersey” sandwich – A.K.A “Mortadella and Mutz”, is on par or better than any sandwhich place in NYC or Hoboken NJ. Nicola makes his heritage known and this is truly a gem of a joint to have opened up. It is only dangerous to your waistlines, but your tastebuds will thank you. This is our TOP PICK for new restaurants in Guiones this year. ***

Location: Opposite Mini Super Delicias and Nosara Pura Vida SUP school.

Call: 8869-1469

FB  Page: Cafe Fiore Nosara

Iguana Pool Bar

GIPThe Gilded Iguana pool bar has always been famed as a great place to hang out and sip cocktails, thus making it one of the main daytime draws for local families and tourists. After changing format over previous seasons it’s recently been relaunched and is back to it’s former greatness. The Gilded Iguana pool bar is the perfect location to for an apres-surf smoothie accompanied by a refreshing dip in the pool to the sound of some laid back beats.

Location: Directly behind The Gilded Iguanas parking area

Call: 2682-0259

Website: http://www.thegildediguana.com/

Rosies 2

Huevos-RancherosWith Playa Guiones eateries popping up at an unprecedented rate competition grows stronger by the day, however, there remains one place that stands alone. Whether it’s down to the food (always fantastic) the prices (a reminder that you are actually in Central America) or the service (every meal comes with an ample side sprinkling of love) no trip to Nosara is complete without experiencing the only place in town where you can eat genuine Costa Rican food at real Costa Rican prices. However that statement rosiesisn’t entirely true, because now there’s Rosies’ 2, and for North side guests and residents who previously couldn’t make the trek over to Central Guiones, the good news is that now the best Casados in Guanacaste is right on their doorstep. In the short time since opening its new premises opposite the Gilded Iguana Rosies 2 is already a huge hit and it’s not hard to see why. The Casados are as delicious and plentiful as they ever where and the Huevos Rancheros remain as famously appetizing as before. In fact, the only thing that’s changed is the location. Don’t leave town without experiencing this place.

 

Location: The corner opposite The Gilded Iguana on the path to Guiones North

Call: 2530-1363

Nosara Pura Vida Stand Up Paddle

npv2Whether it be through National Geographic, The New York Times, or even independent local publications, little remains unwritten in regard to the calibre of surfable waves available at Playa Guiones and it’s surrounding beaches. However, in addition to over 300 surfable days a year and waves to suit varying abilities, Nosara also boasts the Reserva Biologica river mouth and a multitude of coastal nooks waiting to be explored. These features make the perfect platform for Stand Up Paddling, and slowly but surely there’s a new demographic visiting Nosara to partake in this exciting sport. Enter Nosara Pura Vida npvStand up paddle school and store; the brainchild of two local brothers Oscar and Ramon. Located opposite Minisuper Delicias their new Stand Up Paddle store stocks all that sup’pers could want, as well as regular surf equipment and offers tailored vacation packages to suit a range of abilities. The newly opened cafe is a great place to hang out and have a fresh smoothie after a stand up session.

Location: North Guiones next to the ReMax office, and opposite Cafe Fiore

Call: 2682-0207 / 8822-8402

Website: http://www.nosarapuravida.com/

Nosara kids camp

nkc1Nosara Kids Camp was created to give parents the chance to enjoy Nosara safe in the knowledge that their kids were having the time of their lives under the watchful auspices of a group of trained counselors. After many years teaching children in local and private schools, local girl Paola Barrera decided the time was ripe to open a service which offers children the chance to experience all that Nosara has to offer, including surf lessons, Spanish lessons, snorkelling, art, waterfall visits and fun at the beach. Nosara Kids Camp also places a heavy emphasis on community interaction and offers participants the chance to NKCget involved in local projects. The program includes visits to local schools where kids can immerse themselves in activities and interact with local children. Nosara kids camp is a great opportunity for kids to get a true feel for Costa Rica and since opening in November 2015 the project is already a storming success.

Location: Nosara Kids Camp office is located at Gabis Play, next to the Living Hotel

Call: 8617 3603

FB Page: Nosara Kids Camp

Pilates Nosara @ Bodhi Tree

PNIn 2011 Page Sieffert decided to make Nosara her permanent home, and brought with her a wealth of knowledge acquired from years of massage and Pilates training. After a long and successful run of operating the Pilates studio at Heart of Guiones wellness center Page she then changed the base of operations to Bodhi Tree Yoga Resort. Since opening it’s proved just as popular as it’s previous incarnation, with all participants happy to be receiving the same calibre of training in a truly spectacular environment. If you’re looking to tone up under the guidance of one of the best in the business call now to find out about class schedules.

Location: Bodhi Tree Yoga Resort. K Section, next to Nosara Yoga Institute

Call: 2682-0256

Website: https://bodhitreeyogaresort.com/

Guiones North Surf Photos

gnspFor a long time the only option for those wishing to return home with a photo of themselves shredding in the surf has been to paddle out at the main entrance and hope a snap of them riding the waves appears on social media. In order to fill the gap, local photographer Diego Fonseca Flores is now stationed at the North Entrance every morning busily shooting the morning surf crew. To find out whether you made the cut visit the ‘Guiones North Surf Photos’ page on facebook. For free originals stop by the ReMax office where you can pick up the ultimate surf souvenir of your visit to Playa Guiones.

Location: Playa Guiones North Entrance. Photos available at ReMax office.

Call: 2682-0132

FB Page: https://www.facebook.com/SurfingGuionesNorth/?fref=ts

What Would You Do With 75 Acres of Ocean View Jungle?

IMG_7885Imagine waking in a place where your only neighbors are the howler monkeys swinging on the vines of your own private forest. Imagine spending the day hiking through jungle trails, and later returning home to your tropical enclave.

IMG_7891Whether it be to enjoy the sense of freedom that ownership of your own environment affords, or to build a home, retreat center, or eco-resort, buying land can be solid investment. It also provides the kind of stress free passive investment that appeals to investors. You buy it, it sits there, it’s well behaved, and other than the value changing over time, nothing happens. Options for land purchase in Costa Rica are hugely varied. There’s farm land, elevated land, wet land, dry land, coastal land, and then,,,,,,there’s this; 75 acres of elevated verdant jungle, overlooking the Pacific Ocean, only a short drive to everything in Nosara. This is the kind of property perfectly suited to anyone seeking to design and build their dream environment, and is sure to appeals to visionaries and / or land bankers who can appreciate a property in which the possibilities are truly endless. For more information contact us, or click here to view this listing.

Annotation Nation! – Updates on Property Annotations and Administrative Warnings in Nosara Real Estate

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Map of the many property irregularities in Nosara, as issued in the report by Registro Nacional in 2014

Sigue abajo para versión en Espanol.

Earlier this year, the Nosara Real Estate Report published an article addressing confusion over a series of annotations placed on a large number of properties in the American Project. The Registro Nacional’s multiple reasons for placing these annotations were discussed in an earlier article that can be found here.

As was anticipated by the real estate professionals at the Nosara Real Estate Report, the annotations had an immediate impact on Nosara’s real estate market. Properties with annotations were kryptonite to the supermen and superwomen hunting property in the immediate “Beaches of Nosara” area. Some even backed away from purchasing properties with no known issues until more clarity was available. Other properties, especially in the K section which is totally removed from the conflicted areas, saw a substantial increase in sales contracts and purchases, as buyers flocked to the general safety of the unimpacted areas. Today, we are pleased to report that much of the dust has settled and the real estate market is showing signs of strength rarely witnessed in the area since the American Project’s inception.

Some of this can be attributed to the Registro’s public acknowledgement that the administrative annotation process is merely an “investigation,” as well as the recent public statement by the Municipality of Nicoya that the annotations do not affect an owner’s ability to use and enjoy their land, or to receive construction permits, land use certificates, or business permits, etc. It now is apparent that some properties with annotations can be the subject of real estate transactions on a case by case basis, although certain protective measures may be advised. We are happy to report that with the immediate effects of the annotations having subsided, the Nosara real estate market is flourishing.
Clarity about many of the issues raised by the annotations has been achieved through the diligent work of a specific and limited group of attorneys. When it comes to making a property purchase in the area, buyers can rest assured that there are some very capable attorneys who have come up with mechanisms to identify whether there is any annotation- related issue attached to a property and, if so, how to structure a deal that nevertheless protects both buyer and seller. The technical details, despite being outside the scope of this article, are available to anyone who wishes to see them. If you are interested in buying an annotated property, or are concerned about a property you believe may receive an annotation in the future, feel free to contact us and we will be happy to talk with you. We are in regular contact with a select group of attorneys who have studied the situation and can explain why a particular property has an annotation and what steps must be taken to have it removed. If you are interested in a property you know to be annotation-free, we still advise hiring an attorney to instruct on the possibilities of a future annotation, and how it may or may not impact your plans for the property post-purchase.

What has the Registro actually done since the last article?

Earlier this year, the Registro sent notices to owners whose property had been annotated as a result of the Registro’s decision to issue the November 2014 Amplification of the 2010-336-RIM proceeding. If you are an owner of an annotated property and have yet to receive the notification, it likely is because either the Registro does not have your contact information or the notification was sent to the contact listed on your corporation or your property record (in most cases your lawyer or property manager). One important item to note: the communication by the Registro to affected owners is an unofficial notice, and thus not a legally binding notification. It is simply a notification/invitation to visit the Registro office in San Jose to collect a copy of the report and discuss your situation with them. It also serves to provide a means by which annotated property owners may begin investigating both the reason for the annotation and how to have it removed. Again, during this process it may be smart to have a trusted lawyer in your corner to help combat any confusion.

When investigating why your property was annotated, it is important to pay attention to whether or not it is one of the 86 fincas or 90 planos that were transposed inside of Finca 24113-B, owned by S.A. Custodia de Propiedades Guanacastecas. The situation with these properties is unique, and we do not recommend the purchase of any of these properties at this time. If you believe you already own one of these properties, or are not sure if your property is included in this group, you may contact us at the Real Estate Report, and we will be glad to discretely and confidentially share our professional understanding of the status of your property and advise you on what options you may have.

What else has the Registro done, besides sending out unofficial notifications?

Despite their recent reassurances, the Registro has been slow to issue new planos (property surveys) in affected areas. This does not necessarily mean that you cannot get new planos issued; it just means that you can expect the process to take longer than usual. Even properties that were segregated prior to 1975 from Finca 24113-B as part of the creation of the American Project, and that are not in conflict or contention, have been slow to get new planos issued. This is not a game changer nor does it affect the sell-ability or buying attraction for properties that may have older planos that need to be updated; but it is an important consideration for anyone involved in the real estate market here.

 

One positive development that came to light this year concerning the Registro issuing planos that is, in fact, a game changer, and will provide some much needed insight to our readers and the real estate community in Nosara, is the following:
In our last article we wrote that the original catalyst for the annotations was a request by S.A. Custodia de Propiedades (the corporation that holds finca 24113-B) to the Registro beginning in 2008 for a process known as “Saneamiento Catastral”. Saneamiento Catastral is a process whereby any property owner who feels their property rights are in question or have been denied may officially request that the Registro look into the situation in order to determine how to solve the problem. This process, and the corresponding legal proceeding against the Registro, is what spawned the 2010-336-RIM Proceeding.

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Original Plano (Property Survey) of Finca 24113-B from 1970

Earlier this year, in response to multiple petitions by Custodia requesting Saneamiento Catastral, the Registro issued new planos (property surveys) thereby segregating two small lots from Finca 24113-B. The Registro then titled both planos and at the same time immobilized another duly registered plano in the same location. 

These actions were precedent-setting for three reasons:

  1. They were the first instance of a Saneamiento Catastral being granted in regard to Finca 24113-B;
  2. They involved immobilization of a conflicting property claim in the same location and;
  3. They created the first new properties segregated from 24113-B since prior to 1975.

What are the implications of these actions by the Registro?

When a plano is properly issued by the Registro, improper planos are immobilized, and Saneamiento Catastral is granted, it legitimizes the integrity of the mother property from which the segregations occurred and also legitimizes ownership of the property being segregated – providing legal certainty for both the buyer and seller.

More importantly, these recent actions by the Registro Nacional demonstrate that the Registro is capable of taking action to resolve land disputes in a manner consistent with Costa Rica laws, thereby beginning the process of restoring faith in the land system. The Registro should be commended for having finally taken action. This recent example should give people who have been confused by annotations increased confidence that the Registro is capable of moving forward to clean up land irregularities in Nosara.
We urge you to stay tuned for more information. If you have any questions regarding your property and its possible involvement in any of the annotated areas, or if you currently are looking at a property that you are interested in buying and want to make sure you have all information needed to buy with confidence, please contact us at the Nosara Real Estate Report.

 


¡NACION DE ADVERTENCIAS! Novedades sobre Advertencias Administrativas de propiedades en los bienes inmuebles de Nosara

A principios de este año, Nosara Real Estate Report publicó un artículo explicando la confusión que se había generado sobre una serie de advertencias que se realizaron en una gran cantidad de propiedades en el Proyecto Americano. Los variados motivos que adujo el Registro Nacional para realizar estas advertencias se discutieron en un artículo anterior que puede ver aquí .

Como lo anticiparon los profesionales de bienes inmuebles de Nosara Real Estate Report, las advertencias tuvieron un impacto inmediato en el mercado de bienes inmuebles de Nosara. Las propiedades con advertencias tomaron la forma de kriptonita para los superhombres y supermujeres que estaban en la búsqueda de propiedades en las inmediaciones de las “Playas de Nosara”. Algunos hasta se arrepintieron de comprar propiedades que no tenían ninguna irregularidad hasta que haya más claridad sobre el tema. Otras propiedades, especialmente en la sección K que está totalmente fuera de las zonas conflictivas, experimentaron un fuerte aumento en el número de contratos de venta y compras, debido a que los compradores se volcaron a la seguridad general de las zonas no afectadas. Hoy estamos encantados de informar que el panorama está más calmo y que el mercado de los bienes inmuebles está mostrando signos de fortalecimiento que rara vez se han presentado en la zona desde los comienzos del Proyecto Americano.

Algo de esto puede ser atribuido al reconocimiento público del Registro de que el proceso de advertencia administrativa es meramente una “investigación”, como también a la declaración pública reciente de la Municipalidad de Nicoya que dice que las advertencias no afectan la capacidad de un propietario de utilizar y disfrutar de su terreno, ni serían impedimento para recibir permisos de construcción, certificados del uso del suelo, o permisos comerciales, etc. Ahora es evidente que algunas propiedades con advertencias pueden someterse a transacciones de bienes inmuebles según cada caso, aunque se recomienda tomar ciertas medidas de protección. Estamos felices de informar que gracias a que los efectos inmediatos de las advertencias administrativas han disminuido, el mercado de bienes inmuebles de Nosara está prosperando.

Gracias al trabajo diligente de un grupo específico y limitado de abogados se logró aclarar muchos de los asuntos que surgieron por las advertencias. A la hora de comprar una propiedad en la zona, los compradores pueden estar seguros de que hay muchos abogados muy capaces que han encontrado mecanismos para identificar si existe un problema relacionado con una advertencia en una propiedad, y si es así, cómo estructurar un acuerdo que aun así proteja tanto al comprador como al vendedor. Los detalles técnicos, a pesar de estar fuera del alcance de este artículo, están disponibles para cualquier persona que desee verlos. Si está interesado en comprar una propiedad con advertencias, o está preocupado sobre una propiedad que puede recibir una advertencia en el futuro, contáctenos y con gusto hablaremos con usted. Estamos en contacto regular con un grupo selecto de abogados que han estudiado la situación y pueden explicar por qué una propiedad específica tiene una advertencia y cuáles son las medidas a tomar para retirarla. Si está interesado en una propiedad que usted sabe que está libre de advertencias, aun así le sugerimos que contrate a un abogado para que lo instruya sobre las posibilidades de que reciba una advertencia en el futuro, y cómo podría o no afectar sus planes para la propiedad luego de la compra.

¿Qué ha hecho realmente el Registro desde el último artículo?

 En este año, el Registro envió notificaciones a los dueños de propiedades que recibieron una advertencia como resultado de la decisión del Registro de emitir la Amplificación de noviembre de 2014 del procedimiento 2010-336-RIM. Si usted es dueño de una propiedad que recibió una advertencia y todavía no recibió la notificación, es posible que esto se deba a que el Registro no tiene su información de contacto o que la notificación se envió al contacto que figura en su corporación o el registro de su propiedad (en la mayoría de los casos su abogado o gerente de propiedades).

Un aspecto importante a tener en cuenta: la comunicación del Registro a los propietarios afectados es un aviso no oficial, y por lo tanto no es una notificación jurídicamente vinculante. Es simplemente una notificación/invitación a visitar la oficina del Registro en San José para obtener una copia del informe y discutir su situación con ellos. También sirve para proveer una forma a través de la cual los dueños de propiedades podrían comenzar a investigar el motivo de la advertencia y cómo retirarla. Reiteramos que durante este proceso es conveniente tener a un abogado de confianza a su lado para ayudarlo a eliminar cualquier confusión.

Al investigar por qué su propiedad recibió una advertencia, es importante prestar atención a si es o no una de las 86 fincas o 90 planos que fueron transpuestos dentro de la Finca 24113-B, propiedad de S.A. Custodia de Propiedades Guanacastecas. La situación con estas propiedades es única, y no recomendamos la compra de ninguna de estas propiedades en este momento. Si usted cree que ya es dueño de una de estas propiedades, o no está seguro si su propiedad está incluida en este grupo, puede contactarnos en Real Estate Report, y con gusto compartiremos de forma discreta y confidencial nuestro entendimiento profesional de la situación de su propiedad y lo asesoraremos sobre las opciones que podría tener.

 

¿Qué más ha hecho el Registro, además de enviar notificaciones no oficiales?

 A pesar de sus confirmaciones recientes, el Registro ha sido lento en la emisión de planos (estudio topográfico de propiedad) en las zonas afectadas. Esto no necesariamente significa que usted no puede conseguir que se emitan los nuevos planos; solo significa que es posible que el proceso tome más tiempo de lo usual. Incluso las propiedades que fueron segregadas de la Finca 24113-B antes del 1975 como parte de la creación del Proyecto Americano, y que no están en conflicto o disputa, han tenido un proceso lento de emisión de nuevos planos.  Esto no cambia demasiado el panorama ni afecta la capacidad de venta o la atracción de compra para las propiedades que puedan tener planos más viejos que necesiten actualizarse; pero es una consideración importante para cualquier persona involucrada en el mercado de bienes inmuebles de aquí.

Un desarrollo positivo que salió a la luz este año con respecto a la emisión de planos por parte del Registro que es, de hecho, un factor que podría cambiar opiniones, y que proveerá el conocimiento tan necesario para nuestros lectores y la comunidad de bienes inmuebles en Nosara, es el siguiente:

En nuestro último artículo dijimos que el catalizador original para las advertencias fue un pedido de S.A. Custodia de Propiedades (la corporación que tiene la finca 24113-B) al Registro que comenzó en 2008 para un proceso conocido como “Saneamiento Catastral”. El Saneamiento Catastral es un proceso en el que cualquier dueño de una propiedad que considere que sus derechos de propiedad están siendo cuestionados o han sido denegados puede solicitar oficialmente que el Registro investigue la situación para determinar cómo resolver el problema. Este procedimiento, y el proceso judicial correspondiente contra el Registro, es lo que generó el proceso 2010-336-RIM.

Este año, en respuesta a múltiples peticiones de la Custodia solicitando el Saneamiento Catastral, el Registro emitió nuevos planos (estudio topográfico de propiedad), de este modo segregando dos lotes pequeños de la Finca 24113-B. Luego, el Registro titularizó ambos planos y al mismo tiempo inmovilizó otro plano debidamente registrado en la misma ubicación. 

 

Estas acciones sentaron un precedente por tres motivos:

  • Fueron la primera instancia de un Saneamiento Catastral que se otorgó con respecto a la Finca 24113-B;
  • Estas incluyeron la inmovilización de un reclamo de propiedad en conflicto en la misma ubicación.
  • Crearon las primeras propiedades nuevas segregadas de 24113-B desde antes de 1975.

 

¿Cuáles son las implicancias de estas acciones del Registro?

Cuando un plano está emitido correctamente por el Registro, los planos incorrectos se inmovilizan, y se otorga el Saneamiento Catastral que legitima la integridad de la propiedad madre a partir de la cual tuvieron lugar las segregaciones y también legitima la propiedad de la tierra que está segregando, lo que brinda seguridad jurídica para tanto el comprador como el vendedor.

Lo más importante es que estas acciones recientes por parte del Registro Nacional demuestran que el Registro es capaz de actuar para resolver disputas por tierras de manera consistente con las leyes de Costa Rica, y así se inicia el proceso de recuperación de la confianza en el sistema de tierras. El Registro debería ser elogiado por actuar de una vez por todas. Este ejemplo reciente debería darle a la gente que se ha confundido por las advertencias una mayor confianza de que el Registro es capaz de avanzar para eliminar irregularidades en los terrenos de Nosara.

Le pedimos encarecidamente que se mantenga a la espera de nueva información. Si tiene alguna pregunta sobre su propiedad y su posible participación en cualquiera de las zonas con advertencias, o si actualmente está averiguando sobre una propiedad que está interesado en comprar y desea asegurarse de contar con toda la información necesaria para comprar con confianza, sírvase contactarnos en Nosara Real Estate Report.

Selling Nosara – Part 2 – A Letter from The President

Last week we featured a press release published in a 1973 edition of the American Medical news. This article was based on information provided by the founding father of the Nosara and Playa Guiones we know today – Alan David Hutchison. Hutchison was an American entrepreneur who acquired a sizable swathe of the surrounding area, and then sold it off via American newspapers and publications. To the chagrin of the few, and the relieved delight of many, various aspects of the original blueprint such as the golf course never proceeded beyond the planning stages thus absolving Nosara of becoming the next Tamarindo.

The next installment in Nosara Real Estate Reports’ “SELLING NOSARA” series features a letter sent in the early 1970s by Alan Hutchison to those who replied to the original advertisements. It offers telling insights into Hutchisons personae, his love of Nosara, and his vision of how it would (but ultimately did not) turn out. Enjoy!!

Dear Friend (perhaps – one day soon – Neighbor):

My name is Alan Hutchison and I’m lucky enough to be the president of the company that owns and is developing BEACHES OF NOSARA. But I confess that when our advertising bon1people suggested a letter from the president, I balked. It sounded pompous, pretentious somehow. “Don’t write it that way,” they said. “Just tell people how you came to do BEACHES OF NOSARA, what you think it might mean to them”.

That sounded more like something I could and would want to do. So this is, in fact, a letter from this particular president….

I’ll start right off with a cliché: BEACHES OF NOSARA is a tropical Shangri-La. But there’s this difference – in James Hilton’s novel, “Lost Horion,” Shangri-La was discovered by accident. Nosara was found through persistent and organized searching (plus a certain amount of good luck). I was looking for a perfect tropical setting where my associates and I could develop the kind of lovely community that would be in harmony with its natural surroundings.

For the past five years I’ve been engaged in the development of oceanfront home sites in the West Indies. But the sharply rising costs of land in all of the Caribbean islands has made it all but impossible to offer developed land at reasonable prices. So I set out to look elsewhere – for a spot as benign as the West Indies but not nearly so expensive.

I must admit that I first went to Costa Rica with a certain amount of reluctance. While I had heard nothing but encouraging accounts of its beauty and serenity and of the warmth and friendliness of the Costa Rican people, I did retain, I confess, a preconceived picture of a steaming “banana republic”. How was I to know?

So I went to San Jose, Costa Rica’s capital city, carrying letters of introduction and wearing a protective shield of understandable skepticism. But before the first nightfall I bon2knew I had found the country I had been looking for. What an incredible combination of people and nature! What a land to “discover”!

With soaring enthusiasm I began a careful search of the coastal area for a location possessing a gentle climate, a beautiful beach, and enough land to permit a sensible ecological development. I first saw  BEACHES OF NOSARA from the air, just like you can see it in the large aerial photograph in the brochure. My pilot and I landed at the nearby airport and at once I sensed that Nosara was a very special place. There were friendly, smiling people and horses and oxcarts in the plaza and noisy, brilliantly covered parrots in the trees near the brightly painted schoolhouses.

On that first visit, I rode across the broad savanna and when I stopped in the shade beside a cool stream to water my horse, I was astonished to discover a group of curious monkeys watching me from the branches of surrounding trees. Later, I climbed a gentle hill, and self-consciously permitted myself comparison to Balboa, secretly sharing with him the thrill he must have felt as he stood on his hill in Darien and for the first time let his eyes take in the broad sweep of the majestic Pacific. Just as I was doing 450 years later….

And Nosara’s beautiful beaches: Playa Guiones – truly one of the finest beaches in the whole world – broad, flat, smooth white sand and rolling surf (yet absolutely safe even for small children) and the picturesque coves of Playa Pelada – soft and engraved with weather-worn rocks, tidal pools rich in marine life.

Later, as I wandered to the Rio Nosara, I came upon a flock of roseate spoonbills and a raccoon. Overhead, I counted a formation of 66 Pacific brown pelicans flying in a single line (this variety is facing extinction in the U.S.). Oh yes – I knew positively, without question, that this was The Place.

Fortunately, the owner of Nosara ranch was disposed to sell at an attractive price. I was also lucky in being able to purchase several smaller tracts which added up to an additional full mile of fine beach.

While I was negotiating with the various land owners, I brought in professional landscapers to judge the feasibility of developing Nosara. After their first visit, these experts told me that in their combined 45 years of experience in Florida, the Bahamas, and the West Indies. They had never seen a more naturally favored area for a resort community.

At the world famous Tropical Science Center in San Jose I talked with Dr. Leslie Holdridge, tropical forester and ecologist and the author of the much acclaimed “Holdridge Life Zone System”, and with his colleague Dr. Joseph Tosi, an ecologist specializing in tropical land use. After inspecting the site, these scientists told me that they thought our plans for an ecologically balanced development  made a great deal of sense and permitted their staff to act as our consulting ecologists and scientific advisers. They made a survey of the natural resources of Nosara – its geology, soils, vegetation, climate, birds and other wildlife. Working with them were our planning team and our topographers from the geographic institute of Costa Rica. Together, these experts have produced a Master Land Use plan. That sounds formidable. What it amounts to this:

The forested mountain area and the heavily wooded banks of the Rio Nosara and the many small streams – a total of about 1200 acres – will remain intact as a forest and wildlife management area.

 Approximately 1,000 acres of open grassy savanna like pastures will be preserved for grazing, riding horses and riding.

 Only the low hills overlooking the blue Pacific and the valley of Nosara, plus a few special areas like a portion of the palm forest, are to be developed as home sites. This represents less than a third of the total Nosara area.

 In the future we hope to provide within the developed area of BEACHES OF NOSARA, in addition to home sites, the hotel, golf course, tennis club, commercial section and the utility area.

After we adopted the master use plan the engineers moved in. They worked out our road, water, electrical and sanitary systems. Our architect drew up plans for a resort hotel, to fit the terrain and climate. And all of these architectural and engineering studies were carried out in strict conformity to the rigid restrictions of the master plan.

Now the first stage of development has been completed. Over ten miles of dirt road have been constructed. The hotel is about ready to accommodate visitors. Two hundred home sites have been surveyed, platted and staked. Each of these home sites is carefully planned to take full advantage of the topography, view, and existing vegetation. On every single one of them we’ve lavished our concern, our love even. I think you’ll believe this statement to be drained of pretentiousness when you see what we’ve done here.

We have home sites ranging from a quarter of an acre with exceptional views of the beaches, to two and a half acre ranchettes. We do not dictate a particular home site size. Rather, we’re trying to develop a community with a certain amount of built-in diversity. All major decisions of community development will be referred to the Nosara Property bon3Owners’ Association, to be organized in the future. But over-riding everything, paramount above all else, is our dedication to the preservation of the environment and the sensible development of Nosara in accordance with ecological principles.

On a personal note I thought it might be of interest to you to know that last summer I sold my residence in the United States and moved to Costa Rica with my family. My children enjoy going to Costa Rican schools, which, according to the Organization of American States, are among the best in Latin America.

But several times a year I go back to the states to confer with my associates and advisers. Each time, I am dismayed by the air pollution. I see it and smell it, as you do. Not just in the big cities but in the countryside I used to enjoy driving through. Some of my bon4associates don’t venture out in city streets at night if they can avoid it; they’re frankly scared. I see crowds everywhere in the streets, on the highways, at the beaches. Even the national parks are jam-packed in season. And I think, as you must, that the technological North is becoming less and less a place for an individual or family.

To return to Costa Rica, with its green mountains and wide open spaces – to our own BEACHES OF NOSARA, what joy it is. In Nosara there are cowboys and horses and wide beaches and I stop and shake hands with everyone I meet on the road. That’s the local custom, and these gentle, peace-loving people are genuine and smilingly friendly. This can become your custom too.

I would like to share Nosara with you if you, too, long for a sanctuary in which man and nature live together in peace and harmony. But there is only limited room in Nosara, and we are not going to make the fatal error of overcrowding it. So, if what we have here sounds to you like the place about which you’ve always dreamed, I suggest you act promptly and reserve a lot for yourself in BEACHES OF NOSARA. All you have to do is fill out and mail the Application to Purchase, together with the $100 reservation fee, which is completely refundable at any time up to 60 days. We will then reserve the very best home site available in the size and price category for which you have expressed a preference. A registered plan will then be sent to you, plus a Sales Purchase Agreement which contains the developer’s guarantees:

Remember: you have one full year after signing the agreement, to visit the BEACHES OF NOSARA and to inspect your home site. If for any reason you are disappointed, we will refund every penny you have paid in. 

We’ve made the cost of acquiring a home site at BEACHES OF NOSARA as low and as easy to manage as we possibly could: a quarter acre for only $3000 and on payment terms of only 4% down and 2% a month – NO INTEREST CHARGED. This means that in just four years, your home site is yours, free and clear – and by that time it will probably be worth a lot more than you paid for it.

So here is your chance to make your life and the life of your family richer, fuller and more satisfying then you might have believed possible in this troubled world and time.

I sincerely hope you will avail yourself of this opportunity, and that I will have the pleasure one day soon of shaking hands with you in, to quote our advertising, “this garden of ours,” this anti-misanthropic place where people actually look at each other with glad eyes and smile.

Hasta La Vista

SIGNATURE PHOTOGRAPH

Alan D. Hutchison, President

Inversiones Nicoya, S.A.