Land Titles at Last, and at a Just Price

The excitement in the air was palpable. Hundreds of people crowded around the small school auditorium, anticipating the ceremony to begin. But this ceremony wasn't one for their children. On this day residents of twenty-seven neighborhoods in the capital city of Tegucigalpa would receive valid titles to their land—a dream for thousands of Hondurans. Land cases in Honduras often remain unsettled and in conflict due to chronic debates over who the rightful landowners are and lack of adequate documentation or procedures for ending such debates.

This began to change for the better with the passage in 2004 of a new Property Law. A system to register and issue titles for land was set in place where in most cases, the government would expropriate the land, claiming temporary ownership until the value could be assessed and then finally be ready for purchase. Determining land value, regulated by the Property Institute, is an important part of the titling process because it informs those without titles how much they need to pay the government for their new titles. The law calls for a community-appointed property expert to participate in the appraisal in an attempt to yield fair prices for residents, but in practice, land was continuously being overvalued.

In high-risk areas, like the neighborhoods of Villa Franco and Villa Cristina, the Land Project was able accompany neighborhood associations  in a successful solicitation to the Property Institute  for a reduction in their price of land. People weren't looking for a hand-out, they simply sought a more equitable price. María Rivera, president of the Land Commission in Villa Cristina, expressed that without the support of the Land Rights project, they would not have been able to attain a victory for their community.  “Each resident benefitted from a 3,200L (160 USD) decrease,” she said.

“We have a lot of credibility and respect [among property officials] because we are knowledgeable in property law,” says Land Project lawyer Gilda Espinal. In fact, many officials are still unfamiliar with the relatively new Property Law, find it difficult to implement—and often turn to Land Project staff for advice! So when Gilda approached property officials about the inordinately high rate quoted for María's neighborhood, they listened.

María completed payments for her title, and she and 1,500 neighbors received their titles at the joyous schoolhouse ceremony in December. Honduras' Vice President participated in the celebration, congratulating the newly recognized land owners and reminded the crowd that everyone has a role in building a society based on the rule of law. Thanks to AJS's support, the Land Rights project continues to take part in the regularization process and help citizens assert their role in building a more just society.

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