Long-term occupation of land on the six Caribbean islands within the Kingdom of the Netherlands no longer guarantees ownership rights, according to a comprehensive analysis of more than 75 court decisions involving so-called “old estates.”

The government increasingly invokes the domain principle, whereby undivided land without registered ownership automatically becomes state property. However, opportunities remain for allocation to local users who meet stringent legal requirements.

Article 3:200a of the Civil Code, which governs long-term undivided estates, serves a social function by enabling judges to grant property rights to individuals with longstanding land use, particularly descendants of original owners. Success requires meeting three key conditions: island residency, personal land use, and submission of a detailed development plan. Crucially, speculation is prohibited—land must remain for personal use only.

Historical Origins

This unique legal framework, exclusive to the Caribbean territories of the Kingdom, directly addresses colonial-era complications. Historically, colonial authorities granted vast tracts to plantation owners, which subsequently passed to descendants—including formerly enslaved people—through inheritance or informal occupation.

The failure to officially divide or register these properties has created persistent challenges for establishing a clear title, securing mortgages, and developing infrastructure. Emeritus Professor Jan de Boer, a key architect of Caribbean civil law, designed this regulatory framework to resolve these historical legal uncertainties.

“This legal regulation enables courts to bring very old, sometimes undivided estates to proper settlement,” de Boer explains in his recent memorandum. The scheme prioritizes providing legal certainty for local users rather than serving as a liquidation mechanism.

Legal Framework in Practice

Under the domain principle, those unable to prove ownership forfeit land to the government authority. This reversal of the burden of proof strengthens the government’s legal position considerably. Nevertheless, courts applying Article 3:200a can grant ownership to occupants of residential plots up to approximately 1,000 square meters, or to residents committed to land development.

While socially oriented, this approach demands concrete planning and consultation with the Executive Council or government. Courts may impose additional conditions, including temporary resale restrictions. De Boer’s analysis emphasizes that this policy enhances legal certainty while preventing speculative land acquisition.

Kingdom-Wide Implementation

Although de Boer’s recent analysis concentrates on the BES islands (Bonaire, Sint Eustatius, and Saba), similar provisions governing old estates appear in the legal codes of Curaçao, Sint Maarten, and Aruba. The scheme was introduced for the former Netherlands Antilles in 2007 and extended to Aruba in 2021.

Unlike the Netherlands, where such historical complications are absent, Caribbean civil law provides solutions specifically adapted to island circumstances. The uniform numbering system across Kingdom codes—partially implemented through de Boer’s reforms—enables legal practitioners to work with consistent article numbers while accommodating Caribbean-specific provisions.

Article 3:200a exists exclusively in Caribbean civil codes, not in the Netherlands law, yet proves essential for resolving the islands’ complex historical estate matters. This targeted approach demonstrates how legal frameworks can address region-specific challenges while maintaining coherence within broader constitutional structures.

Curacoa.nu