There is nothing more frustrating in Costa Rica than to go to a bank, government agency or some store for a company purchase and the clerk asks: “Do you have a personería jurídica?”

The personería juridical is a legal document used in most Latin American countries to prove legal capacity or legal representation, mostly for companies, but there are certificaciones de poder, certifications of power — that are basically the same thing.

In the past, the only way to get one of these documents was to go to an attorney and pay him or her around $20. The attorney would print one on their fancy legal paper. A couple of years ago, the Registro Nacional allowed people to go directly to its offices and get a similar document for around 1,300 colons or $2.75 at the current exchange rate. A big difference from $20.

However, most people hate standing in the lines at the Registro Nacional and end up sending a messenger or using a messenger service. In the end this turns out costing about the same.

Now there is something new. And, most importantly it works, and it works great. The Registro Nacional has started something called the Registro Nacional Digital – the digital national registry.

Amazing, the digital system does work and it is easy to use if one can use a computer.

Here is the rundown for anyone needing a personería juridica and a multitude of other documents provided by the system:

Direct your browser here (http://www.rnpdigital.go.cr). In the middle of the page to on the right there is a box that states “Obtenga Certificaciones Digitales 24 horas del dia 7 dias a la semana.” This translates to “Get Digital Certifications 24 hours a day 7 days a week.”

Click on that box. On the top left there is a box that states “Registrarse por primera vez.” This translates into “Register for the first time.” The registration is a breeze. One is asked for only basic information, first name, last name, telephone number, email and a password. Once one registers, the system will send an email almost instantly. The test registration email for this article took 15 seconds to arrive.

There it is, no more fees to lawyers or long lines at the Registro Nacional. One can get mercantile and property information, personería juridicas, and believe it or not even catastros plat maps.
The system uses a very basic cart layout. The price for most documents is 2,500 colons plus tax or 2,798.50 which translates into $5.65 at today’s exchange rate. Some items are a bit more expensive. Compared to paying a lawyer or sending a messenger to get the documents one needs at the Registro National, the system is convenient and saves money.

The system can be used for more than one item at a time, too. All payments are done by credit. card. The shopping cart keeps a running total of purchases and does the math

Documents obtained at the Registro Nacional Digital are good for 15 days. They are provided in the worldwide PDF (portable document format) file system. Once the document is downloaded onto a computer, it is also sent to the email of record so it can be used over and over again.

This means the same document can be used for a variety of business without buying it again during the 15 days. This in itself is a real money saver.

The recipient can verify the document. The document provided by the Registro Nacional Digital has a key-code number that looks something like this “RNPDIGITAL- 123456-2011.”

Anyone questioning the document can access the same Web site and go to the section on the top right hand side of the page and click on “verificación de certificaciones” – vertification of certifications. The person questioning the document puts in the key-code number and the same exact document appears.

The world is turning quickly into a digital and live in the cloud world. Costa Rica is keeping up. The country is now also working hard on a new system called the Poder Judicial Digital, the digital judicial power. In a preliminary look, the system looks almost as good as the Registro Nacional Digital.

All this progress in Costa Rica is a bit frightening. It seems to be working. There is still one area that needs some serious help, the tax department. That Web site is still cryptic and does not work well most of the time. Their system to file tax returns using EDDI still does not work with Windows 7.

Complimentary Article in PDF Fomat

The intention of Costa Rica’s domestic violence laws is to protect — especially women — in cases of aggression or violence against a mate.

However, the law has been transformed into a law that creates a legal license to steal. Judges have not helped the situation at all. There are around 18 different medidas cautelares. This would translate into protective measures or injunctions in English. Most judges use only the harshest one, six months of complete separation of the parties involved. This is true even though in many domestic violence cases the charges are complete lies.

After police eject a husband from his home even if the allegations are fabricated, a court hearing may not take place for months.

The six-month protective measure actually has provoked violence, and a mate thrown out of the house sometimes goes back in violation of the restriction and does bodily harm to the spouse. If nothing else, the law as it is normally applied breaks down a family in direct violation of the Constitution and tears marriages apart.

Actually there is something in the domestic violence law most people do not know. The law states: El Estado procurará ofrecer alternativas de tratamiento y rehabilitación a las personas agresoras, tomando en cuenta, entre otras, su doble condición de víctimas y de agresoras.

This means the state shall offer alternatives to people entwined in a domestic violence case and offer assistance to both the victims and aggressors. This part of the law is hardly ever even offered to the parties of a domestic violence case according to four attorneys when it is an obligation of the state to do so.

The intention of the alimony and child support laws is to provide a source of income for children, spouses, and the elderly. The law also covers cases where people are incapable of working due to illness or a handicap. However, this law, too, has been in some many cases been distorted into a way to steal from another.

By filing questionable paperwork and receipts, a woman and her lawyer can convince a judge to set a very high alimony and child support payment, particularly if the husband involved is an expat. One judge in a decree that he felt that based on the receipts and other paperwork the expat could afford to pay the alimony and child support.

This is in direct violation of several key constitutional cases which state a judge cannot set an alimony or child support amount without concrete and factual information because the non-payment of either is an offense that can mean jail time. If the spouse does not pay the amount set by the judge, he goes to jail. Many times the amount is ridiculous because the primary source of facts about the husband’s income come from the wife and her lawyer.

Some expats caught up in this nightmare who cannot not pay end up leaving the country, even if they have children here. Others go into hiding or worse. Most do not have the financial recourses or legal knowledge to fight, especially when they are battling against laws that have been adulterated.

One poor expat was thrown out of his house without notice by a women and her daughter on trumped up charges of domestic violence, and now the wife has filed for alimony using his United States pension as proof he can pay it.

When an experienced legal professional looked at the facts of one case, it appeared more than just the woman was involved in getting what she wanted. She and her legal team obviously had the right contacts.

It is important to note that cases against expats flow differently than they do for local Costa Ricans. Usually, in a case of domestic violence, alimony and child support against a local, the whole family gets involved including the family’s pastor or priest. Normally, most expats do not have a big family support group in Costa Rica and are at a disadvantage. In an interview with three Costa Ricans caught up in a domestic violence and alimony case, all said that the problems were ultimately worked out inside the family.

This does not mean that Ticos do not get shafted by the laws too. They do. The primary cases where exorbitant alimonies were set by judges with little or no factual information now set a precedent to change the jurisprudence of the past.

The moral of the story, expats need to understand the domestic violence, alimony and child support laws in Costa Rica. Most do not. They need to understand the application of the laws are relentless. In many cases most expats who end up in court lose everything they own.

Complimentary Article in PDF Fomat

Domestic violence laws in Costa Rica seem to work when they should not and seemly do not work when they should. The law is also in direct contradiction to Article 52 of Costa Rica’s Constitution which states, “El matrimonio es la base esencial de la familia y descansa en la igualdad de derechos de los cónyuges.” This translates into English as, “Marriage is the essential element of family and can rest in the equality of the spouses.”

In fact, the domestic violence laws of this country tear a family apart on the slightest whim of a spouse. A few tears and without any kind of witnesses, a judge will throw a spouse out on the street. The minimum forced separation is six months, and usually the initial court audience where parties can be heard by a judge is at least a month after the eviction of the presumed guilty party.

Now this is even more interesting: Article 51 of Costa Rica’s Constitution states, “La familia, como elemento natural y fundamento de la sociedad, tiene derecho a la protección especial del Estado. Igualmente tendrán derecho a esa protección la madre, el niño, el anciano y el enfermo desvalido.”

This translates into English as, “The family, as a natural and fundamental element of society has the right to special protection of the State. Equally, this right protects the mother, the children, older people and the disabled.”

Read closely, this article leaves out the man. So, according to Costa Rica, the man is not an important part to a marriage and has no special rights.

This is in direct contrast to Article 33 of the Constitution which reads, ” Toda persona es igual ante la ley y no podrá hacerse discriminación alguna contraria a la dignidad humana.” This translates into English as, “All people are equal in front of the law and cannot be discriminated against.”

These articles of the Costa Rican Constitution seem to mean all people are equal in front of the law except for men in marriage. This travesty is now commonly known among women. Most of them know they have their spouse at their mercy and can use the law to get almost anything they want.

This is very apparent in domestic violence court. Most men are treated poorly and considered guilty before having any say in a domestic violence case.

The best strategy for a man being dragged in this type of situation is to reject the charges but accept the medidas cartulares or restrictions put on him by a judge. This is so because probably no matter what he says, it will not make any difference in the hearing. Usually, but not always, by rejecting the charges and accepting the restriction there will be no hearing.

Many men are taken to domestic violence court on trumped up charges, but most attorneys agree 90 percent of them will lose in any hearing. If these statistics are correct, why would any man want to go through with an audience in front of a judge? Many of the judges in these courts are women with their own chips on their shoulders, and all they do is drag the presumed aggressor through a diatribe of scolding.

Domestic violence is real and women and men get hurt. Some even die horrible deaths at the hands of an aggressor. But, what has happened in Costa Rica is that a spouse that really wants to hurt his mate in many cases ends up doing it anyway. The law does not work when it should. The reality of the law is that women use it to humiliate and extort from men, meaning it works when it should not. This thesis is based on observation of a number of such cases.

Most importantly, the law destroys family. What man would want to go back to his home after six months after he has been tossed out onto the street with nothing except the cloths on his back? In most cases, family is made of the husband, the wife, kids and even dogs and cats. Yes, the good old concept of family.

Now let us take a true case where the woman in this typical family wants more money for more pretty things. The man balks and a discussion about family budgets arise in these hard times. The wife gets disgruntled and makes a complaint in front of a domestic violence judge with a few tears in her eyes, and the man is in the street in hours. Women in Costa Rica know they can do this. They know they can actually extort from man to get what they want using the domestic violence laws of this country.

In most cases the family goes too. The man is on the street for the minimum of six months with no communication with his wife, children, or even the dogs and the cats. Does anyone really think most of them want to go back to this kind of lifestyle?

In summary — and important points to ponder — in domestic violence cases in Costa Rica the man is thrown out of his home with no hearing, no rights, no say whatsoever. He will have no say until a hearing which is usually months after the action of eviction. In the hearing, he is presumed guilty and usually only gets a verbal beating from the judge. He needs to fend for himself for a minimum of six months with no contact with his family.

Do the domestic violence laws of Costa Rica preserve Article 52 of Costa Rica’s constitution which states the marriage is the essential element of family and spouses are equal?

True domestic violence is abominable and it needs to be sanctioned. But, so should the misuse of domestic violence laws that are used in themselves a method of coercion and intimidation and end up destroying families.

Complimentary Article in PDF Fomat

Trusts are one of the most important legal documents a lawyer can make for a client in Costa Rica. It is amazing that most attorneys do not know how to create or administer them here. Most people think of trusts in the case of death and inheritance, but they can be used for many more situations.

This is a refresher for expats to remind them of the usefulness and power of making a trust to protect assets or to solve a dispute. Originally, this subject was addressed last year in “Trusts are a perfect vehicle for getting deals done.”

Many large property transactions are based on trusts. Banks use them to lend money. Developers use them to hold property until a sale and then, once payment is made for a piece of property or building, they release it from the trust to the purchaser. The later is usually done in conjunction with the lender to the developer.

Fideicomiso is the word for a trust in Costa Rica. There are five basic parts to a fideicomiso: 1) trustor or fideicomitente, 2) trustee or fiduciario, 3) beneficiary or fideicomisario, 4) trust property or bienes fideicometidos, and 5) the trust contract or contrato de fideicomiso.

The rate published in the lawyers’ fees guide to charge for a trust is .01 percent. However, this rate is not what lawyers usually charge for the document. Really the fee charge by a lawyer depends on the complexity of the trust. The going rate is more like 1 to 3 percent of the value of the trust. Usually, trustees charge a yearly administration fee as well, and it can be expensive.

The value of a trust for the average expat is to use them as a vehicle to sell or buy a piece of property or to solve a legal dispute. Here are a couple of examples:

An expat has a property to sell and he or she has found a buyer, but the buyer is another expat who cannot get credit in Costa Rica and does not have all the money. The seller can take back a mortgage and attach the property, but the danger is that the buyer may not pay. Even though the collection laws in Costa Rica have changed, foreclosures can still be complex and can get hung up in court.

What happens in many cases is a buyer who cannot pay sues the original seller in criminal court over some trumped up allegation to postpone paying. This tactic does not work as well as it use to, but it still works for awhile. If the seller in this case puts the property in a trust, it would be harder for a nonpaying buyer to wiggle around and not pay.

In this example the seller and the buyer would be trustors or fideicomitentes and they would put the property in question in a trust or fideicomiso held by a trustee or fiduciario for the term of time that it would take the buyer to pay the seller. In this case, both the seller and the buyer would be beneficiaries or fideicomisarios of the trust. The purpose and result of the trust would be that the seller would get paid in full and the buyer would get the property free and clear of any encumbrance.

This kind of legal transaction lessens the chance the buyer will pull any funny business on the seller because if he or she does, the trustee would revert the property back to the seller.

Trustees can be virtually anyone, but they usually are lawyers, title insurance companies or banks. Making a trust with a lawyer and using a lawyer as the trustee is in most cases the cheapest alternative. Title insurance companies are reasonable priced in most cases, with banks being the most expensive and more complicated when it comes to the paperwork.

Trusts work great to solve legal disputes.

Say two or more people are in a legal battle. Usually, this means fighting over money or assets. If the parties to the dispute can come to an agreement to end the matter, the terms of the arrangement can be put into a trust document to enforce the agreement.

For example, an employee of an expat leaves and sues for amounts unpaid by the employer. This is a very common occurrence in Costa Rica: Disgruntled employees suing their employers. Under the Costa Rican labor laws, there are amounts that must be paid to an employee regardless of the reasons the employee leaves or whether the employee is fired.
Employees love going to the labor ministry and in many cases to court because they believe they will win big. However, in most cases they are willing to settle out of court for a lesser amount because they know the court system in Costa Rica is slow.

The best case scenario is for the expat employer to just pay the employee off and be done with the problem. However, many expats are on a limited income because they are retired and cannot pay the full amount. In this case, a simple trust with a lawyer comes in real handy.

The trustors, the employer and the employee would go in front of a lawyer who would act as a trustee to an agreement and set out the terms of payment. The employer would make payments to the lawyer who would in turn disburse the money to the employee. In this way, an expensive legal battle in labor court would be avoided. Nine times out of ten, an employer loses in labor court, so it is a nice place to avoid.

Trusts are not magic, but they are sure a good way to solve simple or complex legal situations in Costa Rica. In many cases, they can be a less expensive alternative to financing, collection and solving legal problems.

Complimentary Article in PDF Fomat

Renting properties in Costa Rica is as common for locals as it is for foreigners. However, relationships with landlords may be negative for expats who expect property owners to adhere to the basic rental laws. When renting a property in Costa Rica, expats can expect many headaches along the way, most of them provoked by landlord negligence.

Even though landlord problems occur in every country, if Costa Rica is the country of choice, expats may be better off buying than renting. Foreigners who plan to live in the country temporarily should prepare to deal with frustrating situations, miscommunications and neighbor issues provoked or plainly overlooked by property owners.

There’s one fact expats can count on: Most landlords in Costa Rica never read the rental law (No. 7527). They have no idea about their rights or duties as property owners or about violations or legal procedures that protect both tenants and owners.

Another fact is that even though some landlords have no idea about the content of the rental law, they will likely and blatantly violate it numerous times, and most of the time they can get away with it.

Costa Ricans tend to avoid confrontation. Culturally, Ticos are taught that standing one’s ground is a sign of rebellion, and as a family-centered culture, Costa Rica has done a pretty good job teaching its citizens that obedience and passivity are the best attitudes in life. That is mainly the reason why business owners and landlords have had the upper hand when it comes to abusing or neglecting their roles in society.

Therefore, once a tenant or customer decides to fight for rights and demand quality for what they are paying, common reactions from service providers or landlords are shock, indifference and even confrontation.

Many landlords have only one goal: Getting the most for the least. They do not flinch at violating the law if it means saving money. Expats should not be surprised if they encounter any of the following situations while renting in Costa Rica.:

Insecurity. Some apartment buildings lack safe, sturdy gates or security systems to keep tenants safe. Many buildings lack intercoms, making it easy for criminals to be buzzed in by mistake or to break in. Only very exclusive buildings have 24-hour security guards or intercoms with cameras. Many tenants come home to find their living quarters emptied by burglars that were mistakenly buzzed in.

Options: In this case, expats cannot protect themselves legally against negligence by the landlord concerning insecure facilities.

Misleading contract clauses. Rental contracts are supposed to have a group of clauses warning tenants of the rules to follow before considering moving into the apartment or house. However, consequences for violating certain clauses are sometimes not specified in the document, making it impossible to know how those violations will be punished. The most common of these situations is a contract specifying that pets are absolutely prohibited in the building. Then some months later one or two neighbors get pets. Problems like excessive noise from barking, odors and dog attacks against neighbors from untrained dogs and negligent pet owners can follow.

Options: Getting some legal advice is key in finding out how to make rental contracts enforceable against insensitive landlords.

Hidden apartment problems. Once a tenant leaves, some landlords tend to repair only the most visible problems, and more serious ones are left untouched until the new tenant complains about them, which can take months until noticed. That buys landlords time to enjoy the initial deposit — which is equal to a month’s rent — and to procrastinate about fixing problems when notified by the tenant. Some landlords play dirty by blaming tenants for recurring problems that can be easily disguised as new problems, such as pipe obstructions and water leaks.

Options: Having a lawyer inspect the apartment before moving in and documenting its condition will help identify which are recurring and new problems. Having another inspection before moving out will protect tenants and help them get back their whole deposit because landlords will not be able to invent or exaggerate damages left by tenants. Besides, according to Section 30 of the rental law, any major deficiencies in the property unknown by the tenant are reason enough to request a proportional deduction of the rent amount. Depending on how serious they are, tenants can file for damages.

Maintenance negligence. Even after months of constantly getting notified by tenants of problems, some landlords have the nerve to gracefully ignore them and use their favorite weapon of choice: words. Sweet little promises or placing blame on contractors that do not show up are common responses that can take months to surmount. Such cases usually end up in legal action by the tenant to break the cycle. Landlords generally tend to push the envelope.

Options: E-mail notifications are much better than phone calls from tenants in case the situation goes out of hand. After informally notifying a landlord of a problem immediately it is noticed, landlords might take care of it right away, wait a little or ignore it for months. According to the rental law, if landlords do not fix the problem 10 business days after getting notified, tenants can take care of it and deduct the cost from the rent. If tenants want landlords to take care of the problem instead (as it should always happen), the situation gets more complicated for tenants. The law details that if the problem is not fixed within the 10 business days after notifying the landlord, tenants can go to court and seek permission from a judge to deposit the next rent payment in court.

The judge evaluates the situation and, if approved, the judge sends a court notice to a landlord to force the owner to take care of the problem before getting the rent from court. There is a process to follow, however, before going to court:

• Tenants have to document all the notifications sent informally (by e-mail) to landlords in a formal letter that must be printed and illustrated by pictures of the problem. The letter must end giving the landlord 10 business days to fix the problem, stating that otherwise the tenant will go to court (juzgado con jurisdicción) and deposit the money of the rent.

• Tenants must get two impartial witnesses – police officers are recommended, since judges will take it more seriously than if family members or neighbors witness it – to attest that the document was delivered to the landlord. If tenants decide to go to the police, they should ask for an acta de observación diligence. Calling services by their correct names saves tenants the run-around in police stations. Requesting for a witnessing service incorrectly will immediately raise a red flag among policemen and they will send tenants to different municipal offices that will not help at all.

• Once the document has been given to the landlord and the acta de observación is duly filled out by the police officers, tenants wait the 10 days.

• If the problem is never fixed, tenants must go to a lawyer to prepare a document to take to court about the case. All proof must be kept and submitted (pictures, acta de observación, letter, e-mail copies) to the lawyer.

• Tenants agree on a day to go to court with their lawyer and process their case. If approved or denied, the judge dictates the procedure to follow.

Neighbor disputes. Even though Costa Ricans tend to be mellow and passive, they can also get quite violent with neighbors or when driving. Ticos can be really territorial. Therefore, whether it is complaints about noise, garbage or pets, landlords do not necessarily strive to keep the peace among tenants. Tenants have the obligation to notify landlords when neighboring tenants cross the line. Landlords are responsible for solving any problems keeping the peace in the rental building. However, that rule is rarely followed. Landlords might even make things worse by not using tact when talking about the problem or blaming the complaining neighbor for being too inflexible.

Reluctance to solve neighbor property issues. Problems from neighboring properties such as large trees that cover one’s backyard, excessive noise, garbage, among others, are most likely going to be ignored by landlords until tenants take it to a law enforcement level.

Options: Tenants should not take the matter into their own hands in this case. They have to make landlords deal with other property owners, since they are solely responsible for their piece of land, even if it is affecting their tenants only. Therefore, the legal steps specified above for maintenance negligence must be followed by tenants in order to get neighbor problems solved.

The rental law specifies all rights and duties for both tenants and landlords, as well as many legal procedures both parties can opt for in different circumstances.

Nevertheless, many landlords get scared once they see their tenants are serious people who will not let anybody walk all over them. Showing up at their door with two police officers, filling out an acta de observación and having a well-written letter with good pictures attached will likely do the trick, and no further legal action may be needed. Landlords sometimes are just lazy and only need a reality check to do their job. Otherwise, courts tend to protect anybody who presents a well-documented case.

Tenants must keep in mind that if they take any legal action against landlords, they may be subject to more negligence in the future or even spiteful revenge tactics from resentful landlords. The rental law specifies that unhappy landlords can notify the tenants to vacate any time after three years of living in their property, but if the apartment is located in the same lot as the landlords’ home and they share a common entrance, tenants can be evicted any time and for any reason.

Complimentary Article in PDF Fomat

Among the myriad of problems one can find when moving to Costa Rica, there is one that takes longer to notice but it is no less serious: pets. Ticos consider and handle pets in a totally different way than Americans and not at all better. Pets are considered an optional responsibility by Tico pet owners. Therefore, should a pet do something that could be considered a nuisance or a threat to the health or safety of others, many Tico owners attribute it to the animal’s nature and accept it as such, disregarding any social norms or respect for others.

Being normally a subject of quarrels between neighbors –— rarely reported to the authorities because culturally, pets are considered free creatures by nature — Tico pet owners allow their animals to bark, poop, run around and bite whoever and wherever, and everybody has to be OK with it because they are only animalitos, as they call them. “They do not know any better, pobrecitos!”

This ignorant attitude and lack of responsibility towards proper pet handling escalated to a level where Costa Rica was accused of violating human rights after police officers allowed the mauling of a Nicaraguan citizen by two rottweilers in 2005. The mauling happened in the presence of eight police officers. Athorities say the person was a burglar, but witnesses said he was a homeless person with permission to sleep an the auto repair shop located inside the property where the mauling took place.

The victim, 24-year-old Natividad Canda, was entering the property, when the two guard dogs took him for an intruder and attacked him in front of the property’s security guard. Since the man was not a paying tenant but a poor person who had been allowed to use the repair shop to sleep, the guard felt that defending the man or disciplining the dogs was not a big priority, according to later court testimony. His lack of action caused a lengthy public blood feast with neighbors, policemen, firefighters and a video camera surrounding the scene. Because the owner of the property did not allow the authorities to shoot the dogs, they did not! The man was bitten 200 times as a result and bled to death.

The inhumane incident opened two cans of worms that Costa Ricans had been concealing for decades: The open xenophobia and hate crimes against Nicaraguans and the lack of control and regulations concerning pets.

Due to the fact that no extensive or formal laws had been created for the proper handling of pets due to the cultural ignorance on the matter, the trial that followed the brutal murder favored the defense. The judges decided the dog owner and policemen should not spend any time in jail or compensate the victim’s family monetarily, claiming that there were no standard procedures for the policemen to follow and save the man’s life at the time, and that they believed the man was breaking and entering to steal.

Costa Rica was even accused internationally for human rights violations for this and other hate crimes against Nicaraguans, but there was insufficient evidence to sustain inhumane treatment specific towards Nicaraguan citizens. It is interesting that after the dog incident was videotaped in its entirety and plenty of witnesses attested that the man did not enter the property to steal — as authorities had said — the Inter-American Court of Human Rights found all that evidence to be insufficient.

Even though the case is now being appealed, the fate of the wrongdoers is in the hands of a system that is still in diapers concerning animal control. However, the case was big enough to stir the pot and wake some people up about the seriousness of regulating pets in the country, and now some actions have been taken.

After this and other pet-related homicides and serious injuries occurred, the state created the law for having dangerous animals, which defines dangerous breeds and prohibits their reproduction, among other guidelines, punishing their owners with fines, exterminating their pets, or in case of homicide, jail time. The criminal code was also updated, and now articles 130 bis, 229 bis, 385 and 398 regulate crimes involving pets.

In light of this regulatory progress, victims of less serious — but not less important — issues regarding pets, such as barking, feces accumulation and potential biting threats have been coming forward to the authorities, hoping to get regulated by a more comprehensive law. The latest addition to pet control measures is the Law 15460 for regulating pet control registration, which details the norms to follow for veterinarian clinics, pet shops and pet owners. It is unclear if this law has been approved yet, but at least it is another step forward.

Problems typically suffered by expats in rural properties consist of neighboring animals (dogs, cattle, cats) breaking and entering, defecating and destroying property, as well as contaminating the expats’ animals when not cared for properly by their Tico owners, or, even worse, attacking the expats and their families. What expats complain most about is that even after talking to the pet owners repeatedly, the owners fail to control their pets because they think that foreigners are too finicky and make big deals out of everything, not knowing that by ignoring the problem they expose themselves to be legally sued. The criminal code penalizes pet owners for property damages with fines, taking away the pets, and with jail time if personal damages or homicide is proven. Moreover, the pet control and registration law states that pet owners are responsible for any damages done by their pets to any neighbor property.

Expats are not the only ones complaining, though. Some Ticos also have reported neighbor pet incidents. Common complaints have to do with neighbors caring for pets as spoiled children, letting them run freely on the street or in buildings not suitable for animals and letting them bark, jump on, threaten or bite anybody that passes by, expecting the scared and annoyed person to find it funny because they are just animalitos.

Some Ticos consider leashes an unnecessary restraint and muzzles a cruelty. They get into arguments or even fights with people who defend themselves against wild pets. A Tica was recently sued for animal abuse after she sprayed mace on a neighbor’s dog that was about to bite her. At the hearing, the judge ruled in favor of the defendant because the owner had let the dog run freely with no leash, which is considered animal negligence by the dangerous pet law and it is punished with jail time after failing to comply with a formal warning. Other complaints include feces left around properties or the neighborhood, which is penalized with a fine of an amount equivalent to a Costa Rican minimum salary.

Excessive unsanitary conditions and barking can be reported to the ministry of health. Investigators can penalize owners with fines or by taking away the animals.

In general, all cases are determined by their circumstances, and their resolution depends on the integrity of the judge, but following the right steps is crucial when reporting pet problems:

If you live in a condo,

1. get as much proof as possible of the problem (pictures, video);
2. report the problem to management in a formal letter and provide evidence;
3. if the complaint is neglected, consult with a lawyer;
4. report the problem and the condo’s neglect to the authorities.

If you live in your own property,

1. get as much proof as possible of the problem (pictures, video);
2. write a formal letter to the neighbor, providing evidence;
3. if the neighbor ignores the request, consult with a lawyer;
4. report the case to the authorities;
5. file a lawsuit.

Taking the actions above will save victims a headache and will tilt the scale in their direction. Judges respect proper procedure and behavior and have less room to justify an unlawful decision on their part if proper protocol has been followed. Moreover, a case well conducted by a plaintiff has a better chance of having success after an appeal if the initial trial court ruled against them.

By continuing reporting neighbor-pet problems, both expats and reasonable Ticos may gradually change the primitive pet mentality of Costa Rican culture, transforming it into a country with fewer pesky pets and owners.

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Too many people put off doing their will and succession plans. Here is another reminder to do so, but more importantly, some tips to save money and make you more secure if you live in Costa Rica. A last will and testament means making life easier for the left behind. This priceless document can also make it much harder for the vultures that cloud over an expats death in this country to steal assets from their rightful heirs.

Foreign residents are usually considered walking wallets by locals, which means there is always somebody looking, counting, waiting for an opportunity to take it all. There are local women who prey on expats, making them believe in their love and devotion while they slowly and diligently do their research and calculate everything to make their move. There are also neighbors lurking through the fence, ready to take over expats’ assets. Yes, it happens more frequently than anyone can imagine, and there is always a starving lawyer ready to sell his soul to the Devil.

Thinking of death is definitely not fun, but thinking of protecting one’s assets and putting them in good hands is something worth investing time. Many expats who do not have a will have assets under sociedades anónimas, or even in their personal names (This is not recommended) but have no succession plan in place.

Some expats have gotten together with a companion and may be innocently sharing sensitive information about the ownership of assets. Corporation can be easily changed by simply getting one’s hands on the legal books. It only takes minutes and a dishonest lawyer to falsify signatures.

It only takes minutes and a dishonest lawyer to falsify signatures. It takes years and a lot of money to prove the fraud.

When properties go unclaimed for 10 years because the deceased expat’s family in the U.S. is unaware of the assets held in Costa Rica, lurking and patient neighbors may move in little by little and start claiming ownership over the land. This type of situation is also a dirty lawyer’s paradise since they can easily falsify a dead person’s name and resell the property at their convenience. If someone spills the beans or finds out, it is hard to prove the hoax. The Registro Nacional is not in charge of checking if each signature belongs to a living or deceased person, so this kind of scheme is an easy way to steal property. Only recently has the institution even — in some cases — begun to do so.

Therefore, as surely as some eyebrows have already been raised this far into this article, there is a way out of the potential post-mortem mess. A will made in Costa Rica may turn out to be a better choice than one made in the United States.

Here are some important reasons to consider doing a will in Costa Rica and taking the task off one’s to-do list:

It may be cheaper. A will in the United States may cost from several hundred to some thousands of dollars if prepared by a lawyer, whereas a will in Costa Rica prepared by a notary is much less expensive.

It is more official. In Costa Rica, there is a will called an open or public will. An open will is the safest, most used and official, since it is recorded in the Costa Rican national archive. It is available when needed and safe from any suspicious activity. In the United States, wills are normally written on a piece of paper and enclosed in an envelope. They are easily lost or tampered with by the greedy.

It can be general or specific. A will in Costa Rica can encompass all of one’s assets all over the world or be specific to only certain assets in Costa Rica. A specific will is a great way to leave an asset for a friend in this country, without making other heirs aware of the transaction. Now, with this said, if other rightful heirs find out about a Costa Rican will, they can contest it here if they wish. However, this rarely happens and is expensive to do so.

It is simpler to probate. When someone dies, and he or she has an open, public will in which the beneficiaries are older than 18 and no disagreement emerges from the distribution of assets, a notary can probate the will using a fast track method called a sucesorio notarial. The probate process takes only a few months vs. years when no public will exists.

The process gets complicated when minors are involved or when there are disagreements over the will. Expats with minor children should appoint either a lawyer or a trusted adult to decide over assets if they are adding the minors to an open will in this country.

All people should plan to protect their assets in death, especially expats living in Costa Rica. A good will is one way to do so. There are additional ways assets can be protected, which should be considered as a complement to a last will and testament.

There is a well known saying in this country that reads, “doctors may not be able to bring people back to life, but lawyers in Costa Rica certainly do so all the time.”

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The inequities in Costa Rica’s family laws are in large part the fault of men. This is especially true in cases of domestic violence where men now have little or no rights. Women are now in control in this country, and they know it. Some find expeditious ways of making their male companions suffer.

Cases of violence by women on men are usually not reported to the authorities because of fear by men to be labeled as weak. In Costa Rican culture — as in many other cultures — admitting to being victimized by a woman means a man has lost his maleness, his superiority over women.

The fact that men do not protect themselves via this law has created a trap for them as well. By not reporting abusive females, men have set the precedent that women are victims and men are abusers by default, which has in turn given a legal advantage to women.

Due to an increase of family legislation in Costa Rica aimed to protect women, Ticas are now taking advantage of the sexism in the legal system, which allows them to get away with and profit from cruel lies about their male counterparts.

On another front, many women in Costa Rica have a multitude of children to live off the child support. Men believe having children is what they should be doing with their manhood and do not take contraceptive precautions Therefore, men end up trapping themselves into child support payments many have a very difficult time paying.

Here is a summary of Costa Rica’s family, financial support and domestic violence laws past and present:

Before the new domestic violence laws, the family code set forth some ways for a spouse to boot out a companion and to protect children. However, only in extreme cases was a spouse forced from the household. In a divorce, women were given priority with the home because of the cultural establishment of the woman as a domestic worker and the man as the breadwinner. Usually, there is no such thing as a permanent alimony except in cases where a spouse is up in years or handicapped in some way. So this is the reason, in a marriage — and out of marriage — women usually strive to have children because they know having children is the best way to get the most money from a husband or boyfriend in a divorce or separation.

The financial support law is strict in Costa Rica. Not only are parents and children mutually liable for financial support (in the case of elderly parents and adult, financially stable children), so are adult siblings to minor or disabled siblings, grandparents to grandchildren and vice versa. Therefore, an elderly expat who marries a Tica and has children or adopts her children, if he fails to support the children, his adult American children (if any) from previous marriages may have to pick up the tab for their father. However, it is easier said than done, since in order for the latter to happen, the suing mother would have to provide sound proof that she cannot provide a dime for the child and that they are literally starving.

The law against domestic violence punishes any physical, sexual, verbal and psychological violence among family members of any gender. As a rule, it has only been enforced by women who report abuse by their husbands or boyfriends.

To make it worse, it turns out that most of the judges in family courts are women, and some do not even request or accept physical or psychological evidence of the alleged abuse before they rule in favor of the woman. In fact, the law states that after all testimony and evidence have been analyzed in court, if there is still room to believe the occurrence of violence, the judge must lean towards the victim’s testimony. This in legal terms is called “In dubio, pro victima,” or “when in doubt, favor the victim.”

The bite to the domestic violence law is its protective measures. A woman can go in front of a judge and within a few hours get an order to toss her husband, boyfriend or lover out on the streets. In addition, the alleged abuser is then given a restraining order that prevents him from going into his house or have any contact with the presumed victim or their children.

Child support can be requested at the domestic violence hearing or by filing a separate case with the family court. Once they notify the man about the case, he has three business days to pay the provisional amount set by court under penalty of going to prison. In a divorce process, the judge, upon request, can also set child support and alimony for the woman.

Women in court — especially domestic violence cases — are totally and utterly given everything on a silver platter. No questions asked. Law officers say false abuse cases happen daily, and they cannot question them or fail to enforce the order to evict because protective measures are mandatory and immediate, regardless of any suspicious circumstances.

After applying protective measures, both the alleged abuser and victim are called for a hearing to which witnesses are also called. In false accusation cases, women can still easily get away by lying during the hearing. They just need two witnesses willing to lie for them. They know that even if the lies are noticeable, the system still leans towards them and “In dubio, pro victima” rules the game. There have been countless instances in which the whole court can see the alleged victim is lying and the judge still rules in the alleged victim’s favor. Even if the defense appeals the case, it can take years.

Expats have fallen victims to false domestic violence claims. As expected, as in the case of an elderly U.S. expat thrown from his house, the hearing did not go very well and the court ruled in favor of the alleged victims and their false story, even after the defense called the female housemaid to testify in favor of the innocent, elderly and disabled expat. Now he is at the verge of declaring bankruptcy, has no place to live and is on the verge of having a criminal record in Costa Rica.

After the domestic violence law was created, other female-oriented laws followed. The responsible fatherhood law empowers women whose children have been abandoned by their father to request a blood test to confirm the relationship and a child support amount.

Another legal tool for women is the sexual harassment law. Even though the law protects both genders, it is used mostly by women. This law, however, is not as lenient towards women as the violence law is, since the complainant has to provide sound proof that incriminates the accused man and plenty of witnesses to support the claim.

The latest addition to the female legal combo is the anti-discrimination law for women, which states that women should be treated as equal and not denied the same privileges men enjoy in any cultural sphere. The ironic aspect about this law is that even though it advocates the removal of any oppressive preconception about the female gender, it should also advocate for eliminating and condemning the favoritism and leniency towards women in courts, especially when the defense provides irrefutable evidence that shows the woman is lying.

Women have the upper hand in Costa Rica when it comes to family matters. Men are probably the culprits in this case because most men do not stand up for their rights as women do, thus tipping the scales against them.

The fact today is that the laws are so stacked against men here that the prudent male should never get married, live in the same place as the significant other or have children without full understanding of the legal consequences.

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