Land registered in the names of foreigners during the colonial period will be automatically transferred to the Malagasy state. This provision is stipulated in Law No. 2026-007, the constitutionality of which was confirmed prior to its promulgation. The text defines the rules governing this land transfer and specifies the properties concerned as well as the exceptions provided for.
The legislature intends to resolve the status of land whose titles have remained in the names of foreign nationals since the colonial era. According to the law’s rationale, this measure is intended to restore the coherence of state-owned land, strengthen control over land considered strategic, and further the process of land decolonization.
The Constitution entrusts Parliament with the responsibility of establishing the rules governing property ownership and the conditions under which property may be transferred to the State. It also reaffirms that national territory is inalienable and guarantees the right to property, while authorizing certain limitations in cases provided for by law.
However, the transfer will not apply to all land registered in the name of foreigners. Several categories are excluded from this provision. Properties belonging to foreign embassies or consulates will retain their status. The same will apply to land that was legally transferred to Malagasy citizens before June 26, 1960. Properties belonging to foreign individuals or legal entities who subsequently acquired Malagasy nationality will also remain outside the scope of the law, provided that this naturalization has been duly registered with the Land Registry.
The text also details the administrative procedures for registering the land in question in the name of the State. Special provisions are in place for bona fide occupants to regularize their situation. In the event of disagreement regarding the application of the law or the rights claimed, the parties will have the option of referring the matter to the competent civil court.
This reform comes at a time when land issues remain particularly sensitive in Madagascar. Many plots of land inherited from the colonial period continue to raise legal and administrative difficulties. By defining a specific framework for their transfer, the government intends to address these situations while ensuring the security of the applicable procedures.
