Decision taken by the Council of Ministers

The council of ministers has suspended the acquisitive prescription, a decision made to curb land fraud. It has been instructed that land services immediately cease processing all new applications related to acquisitive prescription.

On December 19, the council of ministers validated the suspension of this acquisitive prescription. Initially, the acquisitive prescription aimed to regulate unregistered family partitions and inheritance transmissions, in line with Malagasy societal practices. However, its use has been misappropriated over time. According to some, it is being used as a means to commit land fraud.

Prescribers could provide falsified documents, and some individuals may not have been present on the requested land for the required twenty years. Additionally, there might be “alleged” heirs or fake owners presenting erroneous documents. Pending a sustainable solution to guarantee everyone’s land ownership rights, this suspension of the acquisitive prescription has been implemented.

Domain service agents are calling for a permanent suspension of this procedure. Many of them have been incarcerated for not complying with judicial orders. The Independent Anti-Corruption Bureau (Bianco) and the Anti-Corruption Pole (Pac) are still summoning some for land disputes. « If this measure is ever lifted, we want a guarantee », they express.