ABSTRACT

This chapter presents an overview of some key unresolved legal problems of the Timorese formal land tenure system and of how public administration, courts, and individuals deal with, but also use to their advantage, those problems. The Timorese formal land tenure system remains extremely ambiguous, providing little legal certainty and security. The chapter describes the case of Hotel Resende since its opening in the 1960s until its demolition in 2013. It analyses the main legal questions raised by this case study: the validity of pre-independence rights; the relation between land rights and nationality; the difficulties of identifying and applying pre-independence legislation to land cases; the sweeping application of the concept of abandoned property; the problems with expropriation; and the lack of social protections against eviction. The chapter points out the need for more effective political action in developing the necessary legislation and administrative practices to address these issues.