8.2. Unregistered properties (inmuebles sin inscribir).
In addition to the provisions of article 9 of Law No. 8640 and articles 39 and 107 of the Regulation to the Forest Law (Reglamento a la Ley Forestal), its modifications and this manual, applications for entry on unregistered farms (fincas sin inscribir) must comply with the following:
8.2.1. The application shall indicate the cadastral map (plano) number, the applicant's qualifications, and other information.
Likewise, a photocopy of the cadastral map (plano catastrado) must be submitted.
8.2.2. The cadastral map (plano) that is the subject of the application must remain registered and in force in accordance with article 71, subsection a) of the Regulation to the National Cadastre Law (Reglamento a la Ley de Catastro Nacional). In the event the cadastral map (plano) is cancelled, the application shall be archived.
8.2.3. The Regional Office shall request the documents and declarations established in article 9 of Law No. 8640 for those applications that meet the established requirements, for which it shall grant a period of up to 15 business days; if these are not provided within the conferred period, the application shall be denied and archiving shall proceed.
8.2.4. The sworn declarations (declaraciones juradas) and documents referred to in subsections a), b), c), and d) of numeral 9 of Law No. 8640 must contain the fiscal stamps (especies fiscales) and have been issued in the contracting period corresponding to the formulation of the application for entry to Fonafifo. In the case of photocopied documents submitted to meet the requirements of the aforementioned subsections, they must be certified by a notary or by the administrative or judicial entity that issued them.
8.2.5. In the case of submitting witness declarations, these witnesses must, in addition to what is required in Law No. 8640, indicate the length of time they have known of the possession (posesión) of the property and the reasons why they know the circumstances about which they are declaring.
8.2.6. Subsequent to the legal authorization, Fonafifo personnel shall conduct a field inspection and issue a recommendation that will endorse or not the subscription of the contract or the archiving of the proceeding, according to Annex 3 (anexo 3).
8.2.7. If the property subject to the application is located within a Protected Wilderness Area (Área Silvestre Protegida), the field inspection may be coordinated with the National System of Conservation Areas (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 shall be sent to the corresponding Conservation Area (Área de Conservación), so that within a period not exceeding 10 calendar days it may express its opinion on the file consulted by the Fondo Nacional de Financiamiento Forestal; in which it shall indicate if there are elements related to the applicant, as to 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 (carriles) or other land delimitation elements and if there are constructions on it such as houses, corrals, roads, trails, footpaths, crops, cattle, or other human, agricultural, commercial, and tourist activity.
8.2.8. For the case of applications located on INDER farms (fincas INDER), in addition to what is established in article 9, subsection b) of Law No. 8640, they must submit the document issued by this Institution that proves their status as a censused possessor (poseedor censado), declared beneficiary, awardee (adjudicatario), and the length of 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 comply with the following requirements: submit a cadastral map (plano catastrado), a sworn declaration (declaración jurada) authenticated by a notary public (which contains the description of the nature of the property, location by province, canton, district, hamlet or local community, indication of the full names of all current adjoining landowners, cadastral map (plano catastrado) number, measurement, length of time of possession, mode of acquisition, and description of the possessory acts (actos posesorios); certification from INDER where they are recognized as an awardee possessor (poseedor adjudicatario) or any other designation. Subsequent to legal authorization, Fonafifo personnel shall conduct a field inspection and issue a recommendation that will endorse or not the subscription of the contract or the archiving of the proceeding, according to Appendix 3 (anexo 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.
8.2.10 In the case of SAF mixed system projects, if the property is located outside the Natural Heritage of the State (Patrimonio Natural del Estado), it must comply with the following requirements: submit a cadastral map (plano catastrado), a sworn declaration (declaración jurada) authenticated by a notary public (which contains the description of the nature of the property, location by province, canton, district, hamlet or local community, indication of the full names of all current adjoining landowners, cadastral map (plano catastrado) number, measurement, length of time of possession, mode of acquisition, and description of the possessory acts (actos posesorios)); certification from INDER where they are recognized as an awardee possessor (poseedor adjudicatario) or any other designation. Subsequent to legal authorization, Fonafifo personnel shall conduct a field inspection and issue a recommendation that will endorse or not the subscription of the contract or the archiving of the proceeding, according to Appendix 3 (anexo 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 ever registered in the National Registry (Registro Nacional), the charges (afectaciones) and limitations established in the Forest Law (Ley Forestal) must be processed.