Published On: Mon, Mar 7th, 2016

Norwin Ferero: “FKP builds on land it does not own”

FKPWILLEMSTAD - Fundashon Kas popular (FKP), the government housing foundation, is building on land that does not belong to it, says Norwin Ferero of the foundation that lobbies for the rights of the legal heirs to the estate of Sybrecht van Uytrecht.

Inadequate colonial and cadastral administration has made the right of ownership to the Malpais Plantation diffuse, Dick Drayer reports on Caribisch Netwerk. Professor Jandi Paula established this in his report about the rightful owners of the Malpais Plantation. Name-confusion and private sales make it difficult to track who is entitled to which piece of land in 2016.

According to descendants of slaves of Sybrecht van Uytrecht the whole of Malpais is part of their inheritance. “That’s what it says in the execution letter of the estate that was recorded in 1812,” says Ferero. He admits that thorough historical research is needed to get to the bottom of this. “That FKP illegally occupies land and also illegally builds infrastructure is historically easy to establish. Take the purchase contract of FKP. That says so literally.”

Part of the purchase contract reads: “The Weitje Plantation, formerly called Little Malpais, in previous titles described as follows: a plantation called Little Malpais, situated within its own fences, with a free road along the east side of the western fence (trankeer), and also that the Landsgeut situated to the north of the municipal road, has to stay out if it, next to a parcel of land named Rustplaats, situated between Grand Piscaderes and the plantation called Little Malpais, situated within its own fences.”

On most maps, Rustplaats is indicated as Wechi. It measures 134 hectare and is located west of Little Malpais,” Ferero says. “”It should stay explicitly outside of the purchase. What FKP bought is 12 to 15 hectare, the place where the country house stands.”

But Ferero goes one step further: “The purchase of Weitje, formerly Little Malpais, is also illegal. Henri Beaujon received it in usufruct from Shell in 1974. How could he then sell it in 1991 to Wechi Real Estate NV that sold it in 1993 to FKP?”

The confusion about the different names of the land at Malpais begins in 1812. The land is allocated to the thirteen slaves of Sybrecht van Uytrecht in February. The owner of Little Malpais – that was explicitly not a part of the estate – Mathijs van der Dijs, sells Little Malpais for double the price. In 1845 a letter surfaces that one of the thirteen freed slaves has become a slave again. This is an indication that the property may have been taken away from the thirteen slaves after the execution of the will.

Ferero’s conclusion is that Van der Dijs took the legacy away from the slaves immediately in 1812 and that the land of Little Malpais was sold including the slave grounds at Rustplaats in Gato. That looks at the fences of the plantation Malpais on several maps, sees that the corals naturally continue to Seru Gato and Rustplaats.

In February 2016 Minister Suzy Römer takes a decision and gives FKP a building permit for 62 homes in the area where the infrastructure has already been built. According to the minister all the legal work has been done and the land is registered in the name of FKP.

“Historical research as done by Jandi Paula for Gato is excellent,” Römer says. “But that is not my concern. I am minister of traffic, transport and urban planning, not the minister of education and culture. They will have to do that. There comes a moment when you are done with advice and then you have to take a decision as a minister. Many people need a home in Curacao. I am the minister of construction.”

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