Border properties. Nicaragua.
When can a Border Real Estate be acquired by a foreigner?
According to law 749 "Law of Legal Regime of
Borders" the border territory is classified into three border areas:
1. Border Development and Integration Zone: it is the
area of the national territory, comprised from the conventional border limit
and fifteen kilometers (15 km) into the interior of the national territory.
2. Border Security Zone: it is the inalienable area of
the State of Nicaragua, comprised from the conventional border limit and five
kilometers (5 km) into the interior of the national territory, and that in
accordance with this Law is subject to a special regime.
3. Special Border Protection Zone: it is the area of
the State of Nicaragua, understood from the conventional border limit and
fifteen kilometers (15 km) into the national territory, in which there are
indistinctly protected areas, indigenous peoples, communities ethnic and
Afro-descendants or strategic facilities for the security and defense of the
State of the Republic of Nicaragua; and that are regulated by special regimes.
Transfer of real estate in border areas.
Real estate in the private domain, located in the
Border Security Zone, is transferable, for consideration or free of charge, only
in favor of Nicaraguans, in accordance with legitimately acquired titles,
as long as they are registered or re-registered in the corresponding Public
Registry.
Foreign natural persons and foreign legal entities may
not, in fact, or by law, acquire real estate in the Border Security Zone in any
way, with the exceptions related to concessions or lease authorizations granted
by the Executive Branch through Presidential Agreement, when there is public or
social interest, in accordance with this Law, or special laws.
National legal entities with registered shares with
Nicaraguan partners, duly registered, whose shares cannot be transferred or
endorsed to foreigners, may acquire real estate in the border security zone for
productive investments for sustainable development.
In short, within 5KM from the conventional border
limit towards the interior of the national territory, foreigners cannot acquire
real estate.
Prepared by Msc. Marlon José Blandon Argeñal.
Real Estate Lawyer & Notary.
(505) 88653362
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