The condition of land titles leaves much to be desired. All titles are
supposed to be derived from original grants by the crown or the
government of the Republic. As there is no record extant of such
grants and as much land has been acquired by adverse possession, the
amount of land remaining to the state cannot even be the subject of an
intelligent guess. The greater part of such land passed to the
Republic as successor to the Spanish crown, another portion was added
in 1844 by the confiscation of property belonging to Haitians, but no
attempt has ever been made to survey or even to list state lands.
According to some estimates the state owns as much as one or even
two-fifths the area of the Republic, but it is probable that these
estimates are exaggerated and almost the only tracts remaining to the
government are situated in the inaccessible mountain region of the
interior and along the Haitian border. The income of the Republic is
still insufficient to leave money for the investigation of public
lands, and every year's delay will permit more of such lands to be
absorbed by private persons.
A large portion of the rural land is held in common. Tracts originally
belonging to one owner descended undivided among his heirs for
generations, individual heirs sometimes sold their shares, and the
result is that often the tract belongs in common to many persons, some
of them holding very small shares. The shares of the co-owners are
known as "pesos de posesion," "dollars of possession," corresponding
to the value given them at some remote period. The owner of any
undivided portion of such "comunero" property, though he hold only one
or two shares or "pesos de posesion," may enter upon and cultivate any
part of the land he finds unoccupied by other co-owners, and use
anything growing or existing thereon, except certain timber or unless
it be the result of the labor of other co-owners. That this peculiar
mode of enjoying the comunero property has not resulted in friction
and conflicts may be ascribed to the smallness of the cultivated
fields, the small population and the enormous expanse of vacant land.
For the prospective purchaser the doubts surrounding the title to
comunero lands are enhanced by the existence of fraudulent "peso"
titles and by the destruction of public offices where title transfers
should have been recorded. In recent years much division of comunero
land among the co-owners has been going on and such action is
facilitated by a law of 1911, but the importance of the matter merits
additional laws to cheapen and hasten the division.
Public-domain text, read in full here on John Shaqi.
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