WILLEMSTAD – The Court of First Instance of Curaçao has ordered Fundashon Cas Abau Zeegening to immediately suspend development activities around two homes near Seru Fortuna after ruling that the foundation acted unlawfully by removing fences, an entrance gate, vegetation, and a mailbox despite objections from residents who have lived on the property for decades.
The ruling, issued on October 22 and published on November 3, concerns a longstanding land dispute involving an estate dating back nearly a century and the rights of residents occupying portions of the property.
The court also ordered the foundation to restore access to the homes and reconstruct the property's boundaries, with financial penalties if it fails to comply.
The dispute centers on approximately 33 hectares of land known as Cas Abau or Zeegening, located near Cabo Verde in the Seru Fortuna area, between the former Sint Jacob and Steenen Coraal plantations.
The property was acquired in 1892 by a man who died in 1928, leaving behind an estate that remained unresolved for generations.
In June 2022, the court appointed Fundashon Cas Abau Zeegening as administrator responsible for liquidating the unadministered estate.
The foundation was authorized to manage the property and take the necessary steps toward settling the estate, including preparing land for subdivision and eventual sale.
Heavy Machinery Used Despite Residents' Objections
Following its appointment, the foundation commissioned a subdivision plan that was subsequently approved by the government.
It then began clearing sections of the property to prepare the land for subdivision and the sale of individual plots.
However, the situation escalated in July 2026 when heavy machinery was deployed around two existing homes.
Despite protests from the occupants, the foundation removed vegetation, fencing, an entrance gate, and a mailbox.
A rubble embankment was also constructed along a proposed new property boundary, altering the residents' existing access to their homes.
The residents subsequently initiated legal proceedings, arguing that they had occupied the land for many years and might have acquired ownership rights through adverse possession, known under Dutch Caribbean law as verjaring.
They maintained that their own longstanding occupation, potentially combined with that of previous occupants, could establish legal ownership of the property.
Pending a final determination of their rights, the residents asked the court to prevent the foundation from carrying out further activities affecting their homes and surrounding land.
Court Rules Approved Subdivision Plan Does Not Override Residents' Rights
In its judgment, the court acknowledged that the foundation, as the court-appointed administrator of the estate, generally has the authority to manage the property and prepare it for sale.
However, the judge emphasized that this authority is not unlimited.
The court found that government approval of a subdivision plan does not automatically authorize the foundation to remove existing occupants or interfere with their property without their consent.
According to the ruling, the foundation failed to give sufficient consideration to the residents' potential ownership and occupancy rights.
As long as those rights remain unresolved, the foundation is required to respect the existing situation.
The removal of the fencing, entrance gate, and mailbox was therefore considered unlawful.
The judgment makes clear that an administrator responsible for settling an estate cannot disregard the legal interests of people who have occupied the land for decades.
Immediate Ban on Construction and Land Development
The court prohibited Fundashon Cas Abau Zeegening from carrying out further construction, demolition, excavation, leveling, or subdivision activities on the approximately 4,079-square-meter section of land occupied by the two homes.
The prohibition takes effect immediately.
For each violation, the foundation faces a penalty of XCG 5,000, up to a maximum of XCG 50,000.
The foundation must also remove the rubble embankment constructed in front of the homes within one month after formal service of the judgment.
Failure to comply will result in a penalty of XCG 100 per day, up to a maximum of XCG 10,000.
Additionally, the foundation must restore the removed property boundary as closely as possible to its original condition within three months.
The same daily penalty of XCG 100, with a maximum of XCG 10,000, applies if that restoration is not completed within the required period.
The residents had requested protection for a larger area measuring approximately 6,530 square meters.
However, the court determined that they had not sufficiently demonstrated actual possession of the additional 2,451 square meters.
That portion of their request was rejected.
Residents May Have Acquired Ownership Through Long-Term Occupation
Although the court ruled in favor of protecting the residents against further interference, the judgment does not establish that they are the legal owners of the land.
The judge explained that a definitive determination of ownership through adverse possession cannot be made in summary proceedings.
Such a determination would require separate substantive legal proceedings.
However, the court identified another possible legal basis for the residents' claims.
Under Articles 3:200a and subsequent provisions of the Civil Code of Curaçao, individuals who have occupied and used land for an extended period may, under certain circumstances, qualify for legal recognition as users.
This could potentially allow the residents to request ownership of the land they have occupied for many years through a separate court procedure.
The court emphasized that these possible rights must be respected until the ownership question has been definitively resolved.
Judge Proposes Settlement to End Longstanding Dispute
During the proceedings, the judge also proposed a possible settlement intended to prevent further litigation.
Under the proposal, the foundation would cooperate in transferring ownership of approximately 4,079 square meters to the residents occupying the two homes.
In a related case heard at the same time, the judge proposed a similar arrangement involving approximately 2,000 square meters for another resident.
The occupants would be responsible for the costs associated with transferring ownership and obtaining the necessary official land survey documents.
In exchange, they would waive further claims against the foundation and refrain from initiating additional substantive legal proceedings.
The proposal was voluntary, and the judgment does not indicate that the parties reached an agreement.
Century-Old Estate Dispute Highlights Land Ownership Challenges
The case illustrates the legal complications that can arise in Curaçao when land has been occupied by families for generations without formal ownership documentation.
Properties originating from old estates may remain legally registered in the names of deceased owners or their heirs, even when other individuals have lived on the land for decades.
The court's ruling establishes that the appointment of a foundation to administer such an estate does not give it unrestricted authority to interfere with existing residents or disregard their potential legal claims.
Fundashon Cas Abau Zeegening was also ordered to pay the legal costs of the proceedings.
The two residents were granted permission to pursue their case without paying court fees.
For now, the ruling protects their homes and the surrounding 4,079-square-meter property from further development activities.
The ultimate question of who legally owns the land remains unresolved and may require additional court proceedings.