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Purchasing a Property in Nicaragua

The Documents You Need: 

1. Property Deed

2. Property History (Abstract of Title) for the last 25 years. This is obtained from the Public Registry

3. Property Map or Survey

4. History of Property Tax Payments Year to Date

5. Municipal Tax Payment History

Try To Avoid Properties That Have:

1. Agrarian Reform Titles

2. Supplemental Titles Issued by Court Order

Legal Considerations 

1. Check to be sure the property was not formerly purchase through "Law 85". This law distributed luxury homes and properties larger than 100 square meters.

2. Check to be sure the property was not formerly purchased through "Law 86". This law distributed smaller homes in popular neighborhoods.

3. Check to be sure the property was not formerly purchased through "Law 88". This law distributed land to poor people through agrarian reform.

4. Check to be sure the property was not formerly purchased through "Law 209". This law was part of modifications to agrarian reform.

5. Check that the Title and Deed meet all legal requirements.

6. Check to see that the Title is properly registered in the real estate section of the Property Registry Office in the city where the property is located.

7. Study the details and history of the property for the last 25 years in the Real Estate Property Office.

8. Find out from neighbors if there are or have been any problems with neighboring properties.

9. Verify that the owner is in full possession of the property.

10. Exceptions: The only secure way to buy property that has been affected by Laws 85, 86, 88 and 209 is to have a Settlement Statement issued by the Territorial Ordinance Office, referred to as OOT, which is under the supervision of the Ministry of Finance, and verify that the ordinance is registered in the Real Estate Property Registry.

Steps to Buying and Registering Property: 

1. Use the services of a real estate professional to find property that meets your needs and desires.

2. Get all the property documentation.

3. Hire a competent real estate attorney to review the documentation and give you a legal opinion.

4. Once verified that the property has no liens or encumbrances, have a notary prepare a sales agreement.

5. After closing, have the attorney register the property in the Public Registry. To be considered the legal owner of property you should possess the property title which has been properly annotated by the registrar.

Title Insurance 

Title Insurance is readily available on any property which meets the above requirements. First American Title Insurance Company's Caribbean and Central American Division, http://www.facm.com/title-caribbean/1000.html will generally insure title to properties with the above qualifications. The Title Company relies on the legal opinion of the attorney handling the transaction, and has a list of attorneys whose opinions they will accept; so the attorney you select to issue the opinion must be on their approved list. The cost of a title policy is generally about $500 U.S. for every $100,000 insured.

Other Documents 

In addition to the documents list above, the seller should provide the following: 

1. Sellers Tax ID Number (RUC)

2. Land Registry Certificate

3. Land Registry Survey

4. Power of Attorney (if not the property owner)

5. 1% Withholding Tax

6. Verification that all taxes have been paid to date

7. The buyer should provide either a RUC number if Nicaraguan or a Passport number.

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