Buying Property in Panama
Under Panamamanian law, citizens, noncitizens, residents and nonresidents receive equal treatment when it comes to owning property except in areas within 10 kilometers of a border with another country. All rivers and 5 meters to either side as well as a strip of land 22 meters from the high water line are public domain.
By law, all beaches are public and all beach front properties must provide a right of way starting 22 lineal meters from the highest tide to the property line.
Titled Property (Propiedad Titulada)
The Public Registry Office keeps record of titled properties in all provinces.
Persons interested in acquiring titled property should follow this general procedure:
• Enter into a Promise to Purchase Agreement to provide sufficient time to execute due diligence on the property and obtain financing, if necessary. This agreement can be recorded in the Public Registry in order to affect third parties.
• Perform a complete due diligence of the property.
• Enter into a Purchase and Sale Agreement. Generally, payment is not delivered to the seller until the public deed is registered at the Public Registry. The parties
may agree to appoint an escrow agent who receives the funds.
Other Alternatives for Purchasing Property
Purchase of a property by the acquisition of a Panamanian corporation which already owns the land is another way to purchase property. The buyer acquires the corporation which holds title to the land and then replaces the Board of Directors with his own people. In this case, a full due diligence should be undertaken on the corporation. It is advisable that the seller make substantial representations and assume full responsibility for the corporation's previous activities.
Special Concession Zones
Law 2 of January 7, 2006 has has been signed by the President. This law allows the government to grant long term concessions to foreign investors in certain island and beach front properties. |