Law of 4 June 1936 giving special guarantees to those farming the land methodically

Law of 4 June 1936 giving special guarantees to those farming the land methodically

Legislative Body of Haiti • 1936-06-04 • 2 pages
Summary: A tenure security law: a farmer or company holding an agricultural lease of at least five consecutive years cannot be evicted by a third party's action, provided the lease is notarised and registered with a survey record, at least 50 hectares are worked, and the lessor held the land under a title deed at signature.
Key Findings
Full Description

The law of 4 June 1936, published in Le Moniteur No. 50 of 11 June 1936 under Sténio Vincent.

Article 1 protects a lessee against eviction arising from a third party's claim on the land, on three cumulative conditions: the lease and its survey record are drawn in authentic form and transcribed; the lessee works at least 50 hectares; and at signature the lessor occupied the land under a deed attributing or declaring ownership. The preamble says outright that the law derogates from the civil code's provisions on the contract of lease.

Insecure tenure is the standing constraint on agricultural investment in Haiti, because a tenant who can be dispossessed by a competing claim will not plant a tree or build irrigation. This law is an early attempt to fix that for commercial-scale operations, and its 50-hectare floor excluded the smallholders who work most of the cultivated land. The corpus holds the cadastre draft bill, the INARA instruments and the land-tenure diagnostics that return to the same problem.

Sectors
Geography
Time Coverage
1936 to 1936

How to cite

Legislative Body of Haiti, Law of 4 June 1936 giving special guarantees to those farming the land methodically, https://www.fao.org/faolex/country-profiles/general-profile/en/?iso3=HTI

Rights holder
Government of Haiti