| The land in dispute is located in the Ambohidratrimo district. |
A dramatic twist. The lives of six families in the Ambohidratrimo district are being turned upside down. After having lived for more than forty years for some and thirty-five years for others, on land which is currently the subject of a dispute, they are threatened with eviction.
This is yet another land dispute. However, the case of Ambohidratrimo is an example of the turmoil in which several families find themselves, overnight. The story begins in 1982 for some and in 1989 for others. Six people then bought land belonging to two others, who are brother and sister. The deeds of sale and related paperwork were registered at the Ambohidratrimo commune and the Estates Service office.
However, almost forty years after the first sales, the heirs of the brother, deceased and the only one to have had children, took over a deed of notoriety over their father’s land assets. They incorporated the plots that the deceased and his sister, also deceased, sold. They also claim to be their aunt’s heirs, since she had no children. This, without having informed the buyers who have lived there since the 1980s.
Judiciary process
According to the explanations, this act of notoriety “was carried out in the district of Ankazobe, while the land claimed is in that of Ambohidratrimo”. Highlighting this act, those who claim to be the heirs of the land have initiated legal proceedings against the buyers. The plaintiffs argue that “the six deeds of sale are false and obsolete”. Most of the plots sold are, however, already titled and demarcated in the name of the buyers and registered in the registers of the land service.
Joseph Rakotonandrasana, deputy mayor of Ambohidratrimo commune, says it is unlikely that the sales documents were falsified. He explains that private sales deeds require the physical presence of the seller(s) and the buyer(s), with at least two witnesses. Everyone is required to put their signature and fingerprints in the municipality’s legalization register. “The records are still kept,” he adds.
In court, the six families won their case at first instance. According to the indiscretions, the court of first instance sent investigators to the field to verify the veracity of the arguments of each party, as well as the authenticity of the files presented. However, they lost on appeal. While awaiting the outcome of the legal procedure, families threatened with eviction are relying on state arbitration.
On the subject of land disputes, the President of the Republic affirms, in fact, that those who have developed land for the sufficient period of time, with regard to legal provisions, can benefit from it.
In Toamasina, on March 9, the Head of State declared: “When land is illicitly acquired by one or more individuals who take advantage of their knowledge of administrative workings and intend to use it for personal interests, from now on, we We will prioritize the interests of the majority.
