Stage 2 · Build a credible file · Lesson 1 of 4

Land in Madagascar: title, certificate, lease

Land only works as security if its documents agree with the register and with what is on the ground. You will read a land status certificate, then take your own plot through the questions an analyst asks.

KWritten by the KAPEX team from Malagasy law in force (ordinance 62-064, law 2006-031, the 2023 investment law), public reports from BIANCO and the World Bank, and decisions handed down between 2024 and 2026. It is not legal advice on any particular plot; updated 13 October 2026.

What a status certificate says

The first document an analyst asks for about land

This is a land status certificate, issued for a plot on the east coast meant for a hotel project. It looks ordinary. Open the lines one by one.

Land status certificateLand registry · issued 4 September 2026

Click a line to open it.

  1. Land title no. 4182-TMCommune of Ambila · 3 ha 12 a 40 ca

    The registration number in the land register and the recorded area. It identifies the plot. It does not yet prove your rights over it.

  2. Registered owner: R. H., private individualtransfer transcribed 18 June 2021

    Who is on the register today, and since when. A sale made after yours shows up here, and nowhere else.

  3. Mortgage registration no. 1142taken 9 April 2019 in favour of a bank · not released

    A mortgage registered two years before the sale, and still in force. It stays with the land, whoever owns it.

    This land secures somebody else’s debt. Until the registration is released (struck off the register), no lender will agree to rank behind it.

  4. Objections and seizures: none

    Nothing blocks a sale of the property today. A seizure by one of the seller’s creditors would appear on this line.

  5. Boundary survey: minutes of 14 June 2024sworn surveyor · dimensioned plan attached

    The most recent marking-out on the ground. Two years is recent. Ten years in a neighbourhood that has changed, much less so.

Made-up example for the exercise, modelled on a real certificate. The mortgage dates from 2019, the sale from 2021: nobody asked for a certificate on the day of the sale.

The title is genuine, so is the notarial deed, and the registered person really is the owner. Yet this land cannot serve as security, because of a 2019 line that was never released. The title says who owns the land. The land status certificate (CSJ) says what weighs on it at a given date.

It is asked for at two moments, with two different requirements, and both are right. For a funding file, funders want a CSJ less than three months old. For a purchase, prudence calls for a CSJ dated the day of signing, or the day before, because that is the day you pay.

Title, land certificate or nothing

Eight plots in ten have no legal document

That is the World Bank’s estimate, carried in the US State Department’s 2025 investment climate report. Of more than ten million plots, about 80% are occupied with no legal document. Your land falls under one of three regimes, and an investor wants to know which before anything else.

1
Land title (TF)Entered in the land register (livre foncier) at the land registry. About 699,800 titles issued since 1896 across all services, as at 28 February 2024. The owner holds a duplicate in their name; everyone else gets a land status certificate.
2
Land certificate (CF)Issued by the commune’s land desk for untitled private property, after a local enquiry where neighbours can object. About 1,518,000 issued since 2006. Same legal force as a title, but open to challenge. Where it conflicts with a title, the earlier date wins.
3
Occupation with no documentThe most common case. It can be regularised through the land desk, or by adverse possession after twenty years. Until the procedure is complete, nothing binds third parties.

Sources: World Bank, cited in the 2025 State Department report; Observatoire du foncier, Programme national foncier II; law 2006-031 on untitled private property.

Many founders do not know this: a land certificate is not a second-class title. Article 12 of law 2006-031 gives it the same force. The difference lies in how solid the enquiry behind it is, and in whether you can get one at all. Only 594 communes, about 37% of the country, ever opened a land desk. By 2019 a third of those desks had stopped working for lack of funds.

  1. Under foreign control: the lease
  2. The traps, one question at a time
  3. Genuine documents, a false sale
  4. The boundary survey
  5. In your file
  6. Three questions
  7. Before you submit the file

The rest of the lesson

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7 more parts, with the calculations on your own numbers and what to write in your file. The account is free, no commitment.

The words of this lesson

Each word links to its full definition in the glossary.

Land title
The document attesting a right of ownership over land. In Madagascar it is a starting point, not a proof.
Land certificate
In Madagascar, the paper issued by the local council recognising your rights over untitled land; weaker than a title.
Land status certificate
The up-to-date position of a plot at the land office: who owns it, and what encumbers it.
Long lease
A very long lease, up to 99 years, giving rights close to ownership.
Boundary survey
The physical delimitation of the plot by a surveyor, with markers and a plan.
Acquisitive prescription
Becoming the owner of land by occupying it openly and continuously for a long time, under conditions set by law.

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