8.2. Unregistered properties.
In addition to the provisions of article 9 of Law No. 8640 and articles 39 and 107 of the Regulations to the Forestry Law, its amendments and this manual, applications for entry on unregistered farms must comply with the following:
8.2.1. The application shall indicate the map number, the applicant’s qualifications, and other information.
Likewise, a photocopy of the cadastral map must be submitted.
8.2.2. The map subject to the application must remain registered and current in accordance with article 71, subsection a) of the Regulations to the National Cadastre Law. In the event the map is cancelled, the application shall be archived.
8.2.3. The Regional Office shall request the documents and statements established in article 9 of Law No. 8640 from those applications that meet the established requirements, for which a period of up to 15 business days will be granted; if these are not provided within the granted period, the application shall be denied and proceed to archiving.
8.2.4. The sworn statements and documents referred to in subsections a), b), c) and d) of numeral 9 of Law No. 8640 must contain the required fiscal stamps and have been issued in the contracting period corresponding to the formulation of the application for entry before Fonafifo. In the case of photocopied documents submitted to meet the requirements of the indicated subsections, they must be notarized or certified by the administrative or judicial entity that issued them.
8.2.5. In the event of submitting witness statements, these must, in addition to what is required in Law No. 8640, indicate the time for which they are aware of the possession of the property and the reasons why they know the circumstances about which they declare.
8.2.6. After the legal authorization, Fonafifo personnel shall conduct an inspection of the land and issue a recommendation that will give approval or not for the signing of the contract or the archiving of the proceeding, according to Annex 3.
8.2.7. If the property subject to the application is located within a Protected Wild Area, the field inspection may be coordinated with the Sistema Nacional de Áreas de Conservación.
In the particular case that SINAC personnel are not part of the field inspection, the report generated by Fonafifo will be sent to the corresponding Conservation Area (Área de Conservación), so that within a period no longer than 10 calendar days it expresses its criteria, regarding the file being consulted by the Fondo Nacional de Financiamiento Forestal; in which it will indicate if there are elements related to the applicant, regarding whether the same is registered in any census of the Conservation Area (Área de Conservación) or has collaborated in volunteer brigades for surveillance or firefighting; if the land indicated in the file is in the process of purchase or expropriation by MINAE; if the applicant has been administratively or judicially denounced for crimes against the environment, at the instance of SINAC; if there are firebreaks or other land demarcation elements and if there are constructions such as houses, corrals, roads, trails, paths, crops, livestock, or other human, agricultural, commercial, and tourist activity on it.
8.2.8. For applications located on INDER farms, in addition to what is established in article 9, subsection b) of Law No. 8640, they must present the document issued by this Institution proving their status as a censused possessor, declared beneficiary, awardee, and the time of holding it.
8.2.9. In the case of SAF-PAF projects, if the property is located outside the Natural Heritage of the State (Patrimonio Natural del Estado) it must meet the following requirements: present a cadastral map, sworn statement authenticated by a notary public (containing the description of the nature of the property, location by province, canton, district, hamlet or local population, indication of the full names of all current adjoining owners, cadastral map number, measurement, time of possession, mode of acquisition, and description of the possessory acts); certification or record from INDER identifying them as an awardee possessor or any other figure. After the legal authorization, Fonafifo personnel shall conduct an inspection of the land and issue a recommendation that will give approval or not for the signing of the contract or the archiving of the proceeding, according to Annex 3. If the property is located within the Natural Heritage of the State (Patrimonio Natural del Estado), it must meet the requirements established in Law No. 8640.
8.2.10 In the case of SAF mixed systems projects, if the property is located outside the Natural Heritage of the State (Patrimonio Natural del Estado) it must meet the following requirements: present a cadastral map, sworn statement authenticated by a notary public (containing the description of the nature of the property, location by province, canton, district, hamlet or local population, indication of the full names of all current adjoining owners, cadastral map number, measurement, time of possession, mode of acquisition, and description of the possessory acts); certification or record from INDER identifying them as an awardee possessor or any other figure. After the legal authorization, Fonafifo personnel shall conduct an inspection of the land and issue a recommendation that will give approval or not for the signing of the contract or the archiving of the proceeding, according to Annex 3. If the property is located within the Natural Heritage of the State (Patrimonio Natural del Estado), it must comply with the requirements established in Law No. 8640.
8.2.11 In the event that the property is eventually registered in the National Registry, the encumbrances and limitations established in the Forestry Law (Ley Forestal) must be applied.