Finca La Encantada is developed according to an Ecological Easement Covenant: a sustainable conservation and environmental property management contract between 2 or more private landowners, duly inscribed in Costa Rica’s Public Property Registry. The purpose is the preservation of natural resources, scenic beauty and historic, architectural, archeological or cultural aspects of the property. The contract is registered for perpetuity and monitored by CEDARENA (Centro de Derecho Ambiental y de los Recursos Naturales).

New owners of properties within La Encantada will be expected to understand and agree:

• That FINCA LA ENCANTADA is designed to provide owners of such properties with a safe and healthy environment to experience in harmony with the natural ecosystems existing in the area.
• To occupy and build on their property in an appropriate manner, in harmony with nature and with other residents, respecting the right to privacy and tranquility of other residents, protecting eco-systems and wildlife.
• To comply with all Costa Rican laws related to the use of land, construction, protection of basins and underground waters and conservation of eco subsystems.
• That FINCA LA ENCANTADA commits to allocate 40% of the overall area of the project dedicated to the preservation of forest and wildlife.
• That the only permitted use of the lot is for residential construction, light agricultural and preservation activities.
• That the maximum area that can be built is 15% of the total area of the lot. This maximum includes anything that is built, from a house, garages, swimming pools and storage rooms to farming/agricultural constructions.
• To limit the construction to one main house and a maximum of two guesthouses, respecting the maximum building area of 15% of the lot size.
• To limit constructions to 2 floors – at most – above ground level.
• To not build condos or apartments on their lot.
• To minimize the external lighting of the buildings. All external lighting should be done with yellow light (or in case LED lights are used, Kelvin ranges 2k-3k) and without reflectors, in order to minimize light pollution.
• To design the exterior of their construction in harmony with nature, that is, to use natural colors and/or materials.
• To not develop any commercial activities, such as: restaurant, bar, shop, hotel, etc. Renting of home units is allowed but with a minimal rental period of 4 weeks.
• That internal roads constituting the agricultural servitude are for the use of the residents only (Exception: Horseback riding facility).
• To mutually decide with the seller the location and route of the access driveway to their lot.
• That a purchased lot cannot be subdivided.
• Not to fence their property.
• To protect at least 40% of their land.
• To be extremely careful and respectful of legal parameters regarding natural protection when clearing parts of their lot.
• To responsibility, jointly and proportionally with the rest of the owners regarding the maintenance of internal roads, fire safety clearance of the perimeter of FINCA LA ENCANTADA, maintenance and protection of the private reserve. The maintenance fees will be decided upon by the owners of the association every year, while taking into account the minimum maintenance requirements as indicated above. The fees for 2020 are: 200 USD per month (built or unbuilt).
• That the common land can never be sold, subdivided or built upon.
• To take part in the formation of homeowners’ association: La Encantada Owners (LEO), which will assume responsibility for the administration and maintenance of internal roads or easements, as well as establish the regulations for administration and conservation of a peaceful, safe and ecologically responsible environment and create a best practice guide for all owners within FINCA LA ENCANTADA with the sole purpose of living sustainably and in harmony with nature.
• To not keep any cattle like cows, goats, sheep, pigs with the exception of horses. Horses can be kept either privately or in a central boarding facility, however in both cases this will depend on the carrying capacity of the finca as a whole. Small birds like chickens are also allowed, limited to 10 chickens, ducks or geese per lot owner. Pets are allowed; however, dogs are not allowed to roam free.
• To not use any harmful pesticides and to only practice agriculture in a biodynamic and ecologically responsible way.
• Not to operate motor vehicles in the natural park land.
• To cover the costs of restoring any damage done to the servitude road as a result of construction and machinery for their lot.
• That construction work is allowed from 5:50 am till 6 pm during weekdays and from 5:50am to 12:00 noon on Saturdays. Under no circumstances is construction work allowed during Sundays and construction workers cannot stay overnight on the property.
• To pay for the connection from the electrical transformer to structures on the buyer’s property.
• To pay for installation of water lines within the lot boundaries to structures on the lot.
• To process the wastewater of the residence by means of a septic tank system installed on their property. The installation of the septic tank system will be paid by the owners.
• To become part of the water system association and to pay water usage tariffs that will be established by the association in conjunction with the competent authorities in the area.
• To incorporate as obligatory clauses in any subsequent sales agreements for La Encantada residential lots all of the covenants to which the buyer agrees when purchasing.