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Frequently Asked Questions

For frequently asked questions specific for people living outside of Timor-Leste, click here.

 

Who can make a claim?

Anyone can make a claim to land which they believe they own.  Land in Timor-Leste can be claimed as:

  • Individual (one person claims ownership);
  • Group (two or more people claim joint ownership); and
  • Legal Entity (for example, the State, an NGO or a business claims ownership).

The Ita Nia Rai team will accept all claims and will not make any judgments on the validity of a claim.  However, all claimants are responsible for the claims they make, and anyone who knowingly makes a false claim may later be found guilty of fraud.

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How are women's rights addressed in this process?

The constitution of East Timor, in article 16 and 17, guarantees women’s equal rights.  Therefore men and women have equal right to make a claim to private property in the Ita Nia Rai process.  Women also have the right to participate fully in all other parts of the process, including: participating in community meetings, demarcating boundaries, making a claim as an individual or together with a group, verifying the claim in public display, and updating the claim in the long term.

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Does it cost any money to make a land claim?

No. The process is absolutely free.

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Do I have to make a claim?

No.  The process is completely voluntary.  However, if you do not make a claim before the Public Display period closes for your area, you will not be able to make a claim at a later date and thus you will not be eligible for ownership.  However you can always buy or inherit land in the future.

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What if someone asks me to pay money to lodge my claim?

The land claims process is free. If someone tries to claim money in connection with your claim, report them immediately to the Ita Nia Rai Project Head Office.

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How do I make a claim?

There are two ways to make a claim, depending on whether or not you live on the land you are claiming.

If you currently live on the land you are claiming, you (or a representative) must wait for the data collection team to come and survey your land, at which time you can make a claim by filling out a claim form.

If you do not currently live on the land you are claiming, you may contact the Ita Nia Rai office in your area and a) arrange to make a claim at the same time as the occupant or b) make a claim during the public display period.

If you reside outside Timor-Leste but wish to make a land claim in Timor-Leste, please click here for more details on the Overseas Claimant’s Information page.

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What documents do I need to make a claim?

The only document you need to make a claim is a valid proof of identity, such as an electoral card. 

If you do not have any documents you may wish to have one or more witnesses present to give statements as evidence to your claim.

Any land-related documents you do possess (such as Indonesian and/or Portugese titles, wills, proof of sale, etc.) should be presented to the Data Collectors as evidence to support your claim.

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What if I cannot be there on the date my land is surveyed?

If the owner(s) of the land cannot attend the survey process, they may send a Representative to make the claim on their behalf.  The representative should present the claimant’s personal identity document as well as any other relevant information.  The representative will not be eligible for any rights to the property.

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What if there is a dispute about my claim?

If someone else disputes your land or a land boundary connected with your claim, both claims will be entered in the database and the land or boundary will be recorded as disputed.  As long as the dispute is outstanding, neither party will be awarded any rights to the land. 

In the case of disputes, both parties are entitled to a receipt and a reference number that refers to their claim.

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How can I solve a dispute about my claim?

Ita Nia Rai encourages people with disputes to talk to each other and use community and traditional mechanisms to try and come to an agreement.  If this fails, the project and DNTPSC are ready to facilitate mediation of disputes.  Those disputes that can be solved locally before the public display period closes can be immediately updated in the database.  Any agreements that are reached after the public display period must be updated at the local DNTPSC office, with appropriate evidence.

Disputes that cannot be solved locally, or disputes involving land that is also claimed by the State, will have to be referred to the Courts. This is the responsibility of the claimants alone; the Ita Nia Rai project and the Government of Timor-Leste are not responsible for submitting disputes to the Court.

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What happens after I have made my claim?

Once you have made a claim, you will be given a receipt with a number referencing your claim.  This is a reference number only and is proof that you have made a claim.  This receipt does not confirm or guarantee in any way the claimant’s rights to the land s/he has claimed.  In the future, the Government intends to use the claims information collected by the DNTPSC and Ita Nia Rai in order to issue land titles. 

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What about communal land?

Land which is communal and public (as opposed to communal and private) does not need to be declared during this process because it is not private property.  Should the community wish to clarify the boundaries of communal land, a community representative may do so on behalf of the community. 

Land which is communal and private should be claimed as a group claim.

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Can Non-Timorese citizens make a claim?

Yes.  Anyone can make a claim.  However the constitution of Timor-Leste only guarantees ownership of private property to Timorese citizens.

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If I have already made a claim with the DNTPSC (land and property directorate), do I have to make my claim again?

Yes.  Because this process is systematic, all claims must be re-submitted when the process arrives in the area in which your previous claim was made.  Your previous claim can be documented as evidence to support your claim.

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