WILLEMSTAD – The Joint Court of Justice has indicated that it intends to award the entire Vetter Plantation to Fundashon Kas Popular (FKP), paving the way for the integrated development of more than 207,000 square meters of land into social and affordable housing. A final decision is expected after a court hearing scheduled for August 17.
The case concerns Plantage Vetter, a 207,226-square-meter property located north of Abrahams that has remained legally tied to the estate of Maria Bicento, who died in 1872. Over generations, the inheritance became divided among numerous potential heirs without ever being formally settled, creating what is commonly known in Curaçao as a tera di famia—family land that has remained undivided for decades.
The unresolved ownership has made normal development nearly impossible. Residents have faced difficulties obtaining mortgages, selling property or legally developing their land because ownership has never been formally established.
Integrated development
Under the Court's latest interim ruling, FKP would become responsible not only for acquiring the entire property but also for overseeing its development and the allocation of residential lots and homes.
The housing corporation has proposed selling a portion of the land to finance the construction of roads, utilities and other essential infrastructure. According to FKP, offering all plots exclusively through leasehold or rental agreements would not generate sufficient revenue to cover the significant costs of developing the site.
The Court has indicated it has no objection to that approach, provided that individuals who were previously recognized as legitimate users of the land are not disadvantaged during the development process.
Priority for current residents
The Court's proposal gives priority to people currently living in Vetter, as well as residents living with family members on the property. Former residents would receive second priority, provided they can demonstrate a connection to the community.
Vacant lots would remain subject to construction requirements and owner-occupancy obligations to ensure that the land is used for housing rather than speculation.
The Court also wants FKP to include anti-speculation measures, such as restrictions on reselling properties within the first five years after purchase.
Long-running legal dispute
The legal battle over Plantage Vetter has been ongoing for at least 15 years.
In 2020, the Court of First Instance attempted to resolve the matter by awarding most of the land to the Country of Curaçao while assigning 22 residential lots to Stichting Plantage Vetter, an organization representing a group of heirs.
That decision was overturned on appeal in 2022.
The Joint Court ruled that the individual inheritance shares were too small to justify separate ownership. In one calculation, a single heir's share amounted to no more than one-960th of the property—approximately 216 square meters before accounting for roads and infrastructure.
As a result, the legal basis for assigning land to Stichting Plantage Vetter disappeared, and the Court concluded that the entire estate should instead be handled under the legal framework governing long-undivided estates.
Government unable to proceed
Initially, the Court considered the Government of Curaçao the logical entity to oversee development of the property.
However, by 2024 it became clear that the government lacked the financial resources to move the project forward. Although officials referred to future plans, task forces and possible funding, no concrete development took place.
FKP emerged in 2025 as an alternative developer, expressing its willingness to acquire the property and develop it in accordance with the Court's conditions.
The Court also concluded that awarding the land to Stichting Plantage Vetter would pose financial risks, noting that if the foundation encountered financial difficulties, the property could ultimately fall into the hands of creditors.
Final decision pending
The hearing scheduled for August 17 will allow interested parties to raise any remaining objections or identify outstanding issues before the Court issues its final ruling.
If approved, ownership of the entire Vetter Plantation will be transferred to FKP, which would then be responsible for transforming one of Curaçao's longest-running unresolved inheritance cases into a large-scale affordable housing development while safeguarding the interests of existing residents and eligible beneficiaries.