A 16-hectare and 92-are parcel in Toamasina is the subject of a land dispute. The owners claim to hold a land title and an unexecuted court decision. Attorney Raveloarisoa, representing the owners, presented land documents related to the disputed property.
Near Barikadimy university campus in Ambalamanasy commune, Toamasina, a 16-hectare and 92-are plot is now at the center of a land dispute. According to documents presented by the heirs, the land was transferred to Tovo Rakotoarivo following succession division. He claims to have subsequently acquired shares from certain co-heirs before sharing ownership with Rija Vahatraivo. The land has been occupied and exploited for several generations.
"Since our ancestors' time, people have lived on this land, where they practiced livestock raising and tree planting," explains Tovo Rakotoarivo.
According to his account, the 16-hectare and 92-are parcel was transferred to his name in 2010. He notes that due to the land's size, other people gradually settled there over the years. To regularize the situation, consultation with occupants was reportedly undertaken. "A report was allegedly signed by 129 people," according to the owners.
However, the dispute subsequently escalated. The owners claim that several people settled on part of the land and sold parcels to third parties. Meanwhile, occupants allegedly contest the ownership rights and have initiated proceedings to annul the land title.
Legal Evidence
Under Malagasy law, the land regime is governed notably by Law No. 2005-019 of October 17, 2005, establishing principles governing land status, as well as texts relating to land registration. The land title constitutes, in principle, legal proof of real property ownership. However, its validity may be contested before competent courts when irregularities are alleged.
According to the owners, a 2018 court decision ruled in their favor. This decision would order "the expulsion of occupants and removal of plantations so the land is returned to its owner." However, according to information provided by the owners, this decision has still not been executed to date.
"All administrative and judicial procedures concerning this land have been completed. The owners believe they have suffered significant harm. They waited many years and, when the court decision was to be executed, they encountered multiple difficulties," concludes Attorney Raveloarisoa.
Ihariana Sarobidy