Haitian family fights back in Port-au-Prince land dispute case

PORT-AU-PRINCE —  Daphna Surin, a Haitian woman living in the Dominican Republic, says her family is still shaken after the arrest of four relatives and two neighbors over a land dispute in Pèlerin II, a community in Pétion-Ville—a southeast suburb in the hills of Port-au-Prince. The six were detained on May 14 -15 and held for 48 days before they were released.

“I really can’t describe what I’m feeling,” Surin told The Haitian Times in an exclusive phone interview. “I’m not doing well at all with this situation involving these people who are still in prison. But I keep breathing,” she said before securing the release of her loved ones on July 1.

The family accuses Pétion-Ville’s Court of Peace judge, Eno René Louis, of carrying out arbitrary arrests after legal hours and without warrants, violating Haitian law. They say the judge even arrested the wrong people and made death threats to detainees.

Those held were Surin’s cousin Wedna Esnorvil Pierre; her brother, Exilas Paris; her sister, Darline Nelson; her brother-in-law, Jean Marie Nelson; and two neighbors, Woodmy Châtaigne and Nonnombre Jacquet.

“All I wanted was for my family to be released so we could move forward with the land dispute case,” Surin said. “There is too much injustice and abuse of power in this country.”

A land conflict that keeps escalating

The dispute involves a property in Pèlerin II, Habitation Gervais—located in the Étang du Jonc section of Pétion-Ville. According to Surin, her grandparents legally sold the land to the Arsène Jacques family. Ownership later passed to that family’s heirs, but another man, Emmanuel Junior Bros, has since contested the property.

Bros and his attorneys have claimed that a July 2019 court ruling and a January 2025 enforcement order allowed them to evict previous occupants. They reported that despite the official execution of the court orders, some individuals returned to the property–-referring to the Arsène Jacques family. In a letter to Judge Louis, they requested that he inspect the land and assist in enforcing the eviction order.

The Haitian Times, however, could not independently verify the documents submitted by Bros and his legal team.

Yet, on May 14, 2025, Bros, his lawyers, and bailiff Yvon Zétrenne, accompanied by Pétion-Ville’s Deputy Court of Peace Judge Nancy Cléophat, entered the property to evict occupants Arsène Jacques, his wife Mireille Alcé, Marie Gérald Merveille, Amisthol Jean and others—who agreed to vacate but did not do so, according to Bros. 

Bros’ lawyers stated in the letter to Louis, according to the Pétion-Ville’s Court of Peace, “It is with great astonishment that we have observed the evicted individuals returning to the premises in violation of the Decree of November 30, 1983.”

 “Therefore, Honorable Magistrate, the claimant respectfully requests that you visit the site in Pèlerin 11 to verify the situation for whatever legal purposes may be necessary.”

The next day, Judge Louis returned to the premises with his team, the police and Bros’ legal representatives. During that visit, members of the Surin family and neighbors protested, with some throwing stones to try to force the judge and others away. “However, no one was hurt. Rocks were thrown in the air as a maneuver,” Surin said. Louis later claimed he and his team were attacked with rocks and automatic gunfire—allegations Surin denies.

In his official report, Louis said the detainees were being charged with attempted murder, criminal conspiracy, threats, assault and contempt. He has since distanced himself from the case, saying it now falls under the Port-au-Prince prosecutor’s jurisdiction.

“The law and my conscience are my only guides,” he told The Haitian Times in a WhatsApp text message. “Excuse me, but if you write to me again, I won’t respond because the case is no longer within my authority.”

After the release of the detainees on July 1, The Haitian Times contacted the Surin family’s attorney, James Delva, for an update on the case’s progress. He has not yet responded.

According to Surin, however, Delva remains cautious, as the judge has been allegedly using anonymous individuals to contact him for questioning about the case—something The Haitian Times was unable to verify.

A broken cadastre leaves room for corruption

Haiti’s land sector is mired in dysfunction, with only 40% of property ownerships holding legal titles and  5% of the national territory officially recorded, according to a 2019 study supported by the Canadian government. Legal land titles are rare, and corruption within government agencies like the National Cadastre Office (ONACA) and the General Tax Directorate (DGI) is widespread.

“Land issues in Haiti are extremely serious because the state fails to play its role,” said attorney Arnel Rémy. “The cadastre is a mess. There’s no law that regulates land conflicts, and even the local administration doesn’t do its job.”

According to the World Bank’s Doing Business ranking, Haiti ranks 180th globally in property registration efficiency. The process is very slow—14 times longer than the Organization for Economic Co-operation and Development (OECD) average— and costly, reaching up to 15% of the building’s construction cost. These, among other factors, contribute to fueling land disputes and discouraging investment.

Initiatives to register landowners, such as the Basic Land Plan (PFB), have been carried out in pilot areas like Camp-Perrin in Haiti’s south, Bahon, Bas Peu-de-Chose and Baillergeau in the west, but they are still limited in scope and do not establish a full legal cadastre.

The economic consequences are significant. Many plots remain idle or underused due to unresolved disputes, which limit investment in agriculture, housing and infrastructure. Businesses are hesitant to invest, fearing that other claimants could challenge land acquisitions.

Haiti’s property rights are regulated by the Haitian Civil Code of 1825. Additionally, the Constitution of March 29, 1987—amended in 2012—in its Article 36, guarantees every citizen the right to private property. The land registration system requires a title to be registered with the ONACA and the DGI. Despite these laws and requirements, there is no specific law addressing land disputes.

Cases like the Surin family’s are common. Properties are often sold multiple times, legal proceedings drag on for months, and enforcement is inconsistent. Without digitized land records or a reliable registration system, disputes easily escalate into violence or unjust imprisonment.

Networks profit off confusion

According to a source involved in land fraud, who spoke anonymously to The Haitian Times due to the sensitivity of the matter, these practices are systematic and widespread.

Owning a property title isn’t enough to protect land in Haiti; strong political support or links to an influential network are often needed. Filing a legal case against an illegal occupant puts the owner at risk of threats, and legal proceedings can take months or years—even as construction continues on the contested land.

“We’re well organized,” the source said. “We’ve got our own police officers, judges, public notaries, even surveyors.”

The source added that the goal isn’t to occupy land—but to resell it quickly and buy other plots legally. Most of the land in question, he added, is often state-owned.

“The most important thing, when you take over land that doesn’t belong to you, isn’t to build on it—but to resell it and use the money to buy other plots legally,” the source inside the land fraud network said. 

Rémy confirmed these claims, saying senior officials and members of the judiciary are often complicit. 

“There’s a whole network behind this,” he said. “Within the DGI itself, some issue multiple original land titles. They should speak out.”

The post Haitian family fights back in Port-au-Prince land dispute case appeared first on The Haitian Times.