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Working to beat the clock, community leaders in Cahuita, a small village on Costa Rica’s Caribbean coast, held a public meeting last week to encourage property owners to begin the process which will eventually earn them the right to title land that has been in some families here for nearly 100 years.

The issue relates to property given in 1915 by then-president Alfredo González Flores to the black people living in the south Caribbean zone of Costa Rica.  As the story goes, the then-president was appalled when a boat in which he was traveling was forced ashore near what is now Cahuita and he saw the Caribbean people living in shacks on the beach.  Later, he sent an engineer from San José to draw lots and open the land between Tuba Creek and Cahuita Point for settlement.

Although many Cahuita families have lived on, farmed and made their living from these same properties for nearly 100 years, the land was never titled in the Registro Nacional. In 1977, with the enactment of the Maritime Zone Law and no legal titles, it appeared the original Cahuita families and others owning land within the zone might lose their property altogether.  The law declares all land countrywide within 50 meters of high tide to be for public use and all land 150 meters further inland to be government property which can be leased as a concession from the government.

In November a law was passed in the Asamblea Legislativa giving Cahuita and Puerto Viejo de Talamanca official “city status”—a legal way to avoid the maritime zone restrictions since cities are exempt from the law.  But later two legislators appealed the ruling on constitutional grounds.  A date for hearing the appeal has not been set.  Even if the appeal does not prevail there is still a pile of paperwork required by each landowner to apply for title and a looming deadline of Nov. 11 — one year after the “city status” law passed the assembly.

At the meeting, Tony Mora Picado, president of the local committee formed to shepherd residents through the land titling process told about 30  landowners that the deadline still stands regardless of the status of the appeal.

“It is very important for each property owner to follow this process,” Mora told the group. “If you don’t apply for title before Nov. 11 this year you won’t have an opportunity in the future.”  In addition, Mora said the committee has recommended to the Municipal Board in Bri Bri that official city limits be established from Tuba Creek on the north to Kelly Creek (or the entrance to Cahuita National Park) on the south and from the beach to the highway. A small section on the west side of the highway in the community of Leyland, just north of Cahuita will also be included.

Mora said the committee has made arrangements with San José lawyer Annemarie Guevara Guth to represent each landowner at a group rate of $350 which will cover professional fees, travel, legal stamps, and publication in the legal newspaper.  Representation by Ms. Guevara is not required, but Mora said the committee interviewed five lawyers, each of whom were charging in the thousands of dollars.  In addition, the committee has garnered a group rate of 50,000 colons for the land survey required as part of the process.

In a telephone interview Ms. Guevara said she is asking people to gather together the required documents including the names of three witnesses who can testify to the lineage of the property for the past 40 years and most importantly, a recent survey, although just prior to publication she said the judges in Limón have agreed to take older surveys or drawings in order to begin the process.  Once all the documents are in order, she will travel to Cahuita to meet individually or in small groups with her clients.

“Everything (about this process) is new to us,” she said.  “We are putting together the pieces of the puzzle.”

Ms. Guevara said the time she anticipates for landowners to finally have title to their land will depend upon the time it takes to gather and file the paperwork and the status of the appeal in constitutional court.  “Maybe one year and hopefully less,” she said.

Ms. Guevara said she took the case because she has been passionate about the Caribbean and its people for more than 10 years.

“Since the first time I went to the Caribbean, I was in love with it,” she said. “This is a difficult case that needs a lot of energy and work, but it is nice to be involved in a project with people that believe strongly in their rights and that are a very consolidated group.”  She said she has agreed to work free for the Cahuita school and other public institutions in the community.

Mora said this process is required for all people owning property in Cahuita that is within 200 meters of high tide, and that includes foreigners living outside the country.  Foreigners are advised to call Ms. Guevara at her San José office (506) 223-2040 or consult a Costa Rican attorney of their choice.