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does anyone have info or updated news regarding new " water rights bill " in Nic.Submitted by curiousgringo1962 on 11 April, 2007 - 12:33.
Does anyone have updated, accurate info. re. new law the nic. gov. is trying to pass with re. to property rights with in 200 meter mark?????? I read a story about this in Tico Times Mar.29/08. |
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The new law
Hola George, The new law that you are refering to, dates back to 1917 and it reads "El Estado es dueno de los terrenos comprendidos en una zona de dos kilometros de latitud a lo largo de las costas de ambos oceanos; y a orillas de los lagos y los rios navegables en una latitud de 800 metros; y las islas de los mares territoriales y lagos" quoted from Elnuevodiario of 4/09/07.
Roughly translated, "The State owns the land comprehended in a zone of 2Km. of latitud along the coastline in both oceans...".
Until the agrarian law of 1917 is publicly debated and reformed by the assembly, signed into law by the president and published in the official gazette, it will remain, the law of the land.
There's another issue with real estate and that is the rights to the land claimed by various indegenous communities, but that is a subject for another blog.
Al
water set back rule
Hi and just for your information I talked to the legal council for Intur today and according to him who I consider to be a reputable source of information the public domain will become 50 meters from the high water mark. Then there will be a 6 meter right of way for access along the fifty meter mark and after the fiftysix meters it will be private property subject to restrictions. They will not take any property away from anyone or put the private property into a concession status with the local mayor. Private property and the right to build a home will exist up to 56 meters from the high water mark but there will be some restrictions in this region. For one there will be a requirement for public access to the beach where it is necessary. To me this is very reasonable.
Sound resonable to me also!!!
Thanks for the info, would like to get some form of confirmation although i'm sure thats mostly improbable!!! Hey Sam how long in Nica.? you may have noted I am planning to visit in June for a couple of months... want to get off the N.Am. grid so to speak, tired of all the B.S. any info you can offer re. buying property, great areas, 2 month rental in June, or anything you think a new potential expat should know would greatly be appreciated... Thanks in advance... George
water setback rule
Hi George, I can find you a two month rental that will be reasonable in Rivas. I have lived here nonstop for five years after spending five in Costa Rica where I travelled here four times a year. I kind of fell in love with this somewhat difficult country. The area up north where Phil Hughes lives is nice and cooler. I like the southwest portion of the country and do facilitating and some real estate down in this region. I am glad to help in any way possible. I am not going anywhere in the near future. Did you check out the website that Phil has done for us? It is www.fylz.com/nicare
1917 water rights bill
On a recent trip to Nica we were following the unfolding of the new water rights bill in the press (Nuevo Diario) It appears to be gaining a lot of political momentum, which is I'm sure not what a lot of coastal buyers want to hear. Of course, 95% of the real estate activity in Nica is purely speculative (purely greed) so it is the elephant in the proverbial room that none of the "realtors" or seekers will touch with a ten foot pole. The prudent move would be to wait it out or wait till capital flight takes over and buy cheaply. Either way, there is no way to tell what the govt. will do. Good luck!
Thanks for the info...
Thanks for the info. when where you in Nica.? was it recent? Can you share with me your opinion re. the atmosphere of the real estate market? Where did you visit? What was the purpose for your trip? I am considering moving to Nica. to retire and have heard so much... some negitive, some very positive how do you feel about area and what did you mean by " capital flight takes over " thanks in advance.... George
more info from chele leon
Hi George, we just returned from our trip to Nica a few weeks ago. It was the end of the dry season, pretty smoky and dusty but we loved it none the less. Nica is a fantastic country with more heart than most other places in the region and wonderful people who are sincerely looking for a chance to better their circumstances. I think Nica is the choice for those who don't mind some hardships and are looking for a more authentic, less globalized experience - with commensurate real estate prices as well. If the Mcdonaldization of everything is not your cup of tea, then Nica is a great choice. (Although Tip Top does have a delicious combo meal) As for the real estate market, we found it to be going very strong, but there are still values to be had, you just have to have the time to look. I don't agree that you need to live there to get a decent deal, we found a place on our trip that we love in a matter of weeks. It is a small country and you can pretty much see everything that is "listed" in a matter of a few days in any given place. There are lots of "realtors" in all of the areas willing to help. I would rank the craziness of the markets in this order. Most chaotic and speculative is San Juan Del Sur, a little quieter right now is Granada (but still frenetic) and the new frontier is up north (coffee country, Leon etc) A central base with all the mod cons would be Granada, equidistant to many parts of the country if you want to rent and don't want to limit yourself to one region for your stay. It it very picturesque there and a good gradual intro to the country. Lots of rentals - look on the realtor and other sites as well. As for my capital flight comment, I noticed a lot of eager sellers in San Juan Del Sur right now and that I think is due to the water rights issue. Anyone that tells you definitively what is going on with the 1917 bill is either a realtor (self interest) or has another angle because it is very much a live debate in the govt. and papers. I think the best thing to do is follow the press and make your own decision but be wary of folks that are dismissing the whole issue. I agree with Alra's post, look at the facts. Anyhow, Enjoy! Nica has massive potential and is a fun place as is.
The spirit of 1917
law is to allow the state to choose any location to establish a port without having to offer payment to the owners.
The new sugestion of X meters will certainly affect all future contracts but will not affect any older existing title as the law, any law in nicaragua, is not retroactive i.e. does not affect things that have already happened. Meaning any homes that are the sea shore or are within the X meters of high tide should be fine. Future homes will be affected, but it is a change that is logical as it is imprudent to build very close the beach anyways.