(Disclaimer: This was written a little over a week ago but do to spotty internet service I am only finally posting it now)
“For where everyone tries to get clear title to whatever he can scrape together, then however abundant things are, a few men divide up everything among themselves, leaving everyone else in poverty. And it usually happens that each sort deserves the lot of the other, since the one is rapacious, wicked, and worthless, and the other is made up of simple, modest men who by their daily labor contribute more to the common good than to themselves.”
- Thomas Moore, Utopia
1516
Nestled in the northern region of Nicaragua’s lush landscape, resting amongst the mountains and clouds where lightning strikes ever so often, the quiet town of Matiguas seems to exists in a time of its own, unperturbed by outside influence and inhabited by a people of tranquility and satisfaction. Its roads, hand laid cobblestone-like bricks, give this town age and yet engender an air of labor.
We arrived in Matiguas at its single bus station, which is a part of the central market. In the center of town are both the offices for Nitlapan, the firm for which we are working this summer, and a partner organization, FDL (The Legal Development Fund). During our first few days we learned of the initiatives that Nitlapan is beginning, namely a new mediation program aimed at using conflict resolution for land and property issues that local farmers and villagers encounter. Nitlapan works with several areas of the law regarding rural legal development and John, Stephanie and I are to aid in the start up of this mediation program. The organization maintains three main objectives: (1) to help small business, (2) loaning land for three year periods (which upon the end of the allotted time, the loaned-to party may either buy it from Nitlapan or simply return it, however, the hope is that over the three year period that loaned-to party will accumulate enough wealth to be able to retain the property), and (3) the legalizing of land titling. Nitlapan’s main objective is to finance and help local famers develop their land so that sooner or later, sustainability can be attained.
Across the street from Nitlapan lies The Legal Development Fund. FDL is much like a bank, as it finances and loans money to farmers in need, however, it provides a much easier process with lower interests rates and simpler procedures. It’s a small office that at one time used to be booming with business, however, we are told that since the downturn in local economies the office serves between 1 and 2 clients a day, whereas before they had as many as 10 individuals seeking financial support per day. It is rather interesting to see the similarities between the loan process in Nicaragua and the United States. With FDL, potential loan-to-parties are required to have a co-signer or guarantor and often times must provide collateral (in the case that they are delinquent on payments or unable to repay their loan on the agreed to time). As well, there are familiar procedures that FDL uses such as fixing interest rates and utilizing an adverse possession like law, which I am still learning about. However, even with the help that both Nitlapan and FDL accomplish, there still remain many issues regarding land titling and the loan process.
On our first day of work, both Stephanie and I assisted one attorney on her rounds to collect debts from individuals whom FDL had loaned money to but had yet to pay on time. Quite interestingly, some of the people met our requests with severe hostility while others made excuses or claims that the person in charge was not home, everything one would expect to encounter in the States. I guess more and more I’m discovering the similarities that Nicaragua shares with the States, while also the differences. Furthermore, one of the largest issues I have encountered is that while some farmers may have title to their land, there was a period between transitioning governments wherein officials gave multiple titles to a single piece of land to multiple individuals. John, Stephanie and I spoke with one local “gringo,” as the townspeople call him, and he informed us that a few years ago he loaned money to a individual and took possession of the man’s farm title (deed) as collateral. However, when the man never repaid him, he went to have the property transferred into his name and discovered that he was now one of many that had similar titles to the same land tract. The gringo did not pursue this matter further.
While I am still understanding the procedures and protocol of acquiring land titles, and that of also making sure one’s title is legally sound, I am a reminded of a quote from Thomas Moore and his “Utopia,” where he addresses a fundamental problem with personal property; I can only hope that there lies more hope than his writings contend.
“But as long as everyone has his own property, there is no hope whatever of curing them and putting society back in good condition. In fact, while you are trying to cure one part you aggravate the malady in the other parts; curing one disease causes another to break out in its place, since you cannot give something to one person without taking it away from someone else.”
-Thomas Moore, Utopia
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