10 46. The title provided for the exclusion of 46 hectares and 1296.66 square meters that were 30 titled in fee simple to two private individuals and included the following clause: … the land surface areas occupied and exploited by individuals not belonging to the Community are excluded, with the State reserving the right to dispose of them in order to award them to the 31 occupants that fulfill the legal requirements. 47. On January 11, 2000, through its Executive Director and by means of public deed, the INA deleted the clause that excluded the surface areas of land occupied or exploited by individuals not belonging to the Punta Piedra Community from the fee simple title of 1999. In the rectified deed, it was put on record that the inclusion of said clause had been the result of an involuntary error and therefore was being deleted and was invalidated. “[…] in the Final Property Title in fee simple mentioned in the previous Clause, there was an involuntary error in establishing in the conditions of the Title the following paragraph “the land surface areas occupied and exploited by individuals not belonging to the Community are excluded, with the State reserving the right to dispose of them in order to award them to the occupants that 32 fulfill the legal requirements,” which is hereby deleted and invalidated.” 48. As a result of the rectification, the fee simple title granted by the state to the Punta Piedra Community in 1999 encompassed, without any exception, the total surface area of land that was handed over. 49. Consequently, the parties have proven by means of public instruments that the State granted to the Garifuna Community of Punta Piedra two property titles in fee simple, both in force as of the present date. The first one in 1993 for a surface area of 800 hectares and a fraction and the second one in 1999 for a surface area of 1,513 hectares and a fraction, for a total of 2,314 hectares and a fraction. D. Occupation of the Territory of the Punta Piedra Community by Third Parties 50. Based on the information provided by the parties, in early 1990s, the area of Rio Miel located within the territory being claimed as ancestral lands of the Garifuna Community of Punta Piedra, 33 was encroached upon by peasants, also known as “ladinos.” In its initial reply to the IACHR, the State noted: 30 In this regard, the title provides, verbatim, that: “On the land described there is included a surface area of FORTY SIX HECTARES, TWELEVE HUNDRED AND NINETY SIX POINT SIX SQUARE METERS (46 Hcts. 1296.66 square meters), which because they were titled in fee simple to mssrs: Ambrocio Thomas Castillos, with two (2) plots of land, one 22 hectares and 6,575.06 square meters and the other 3 Hectares with 6,197.99 square meters and Sergia Zapata Martínez with one plot of land of 19 Hectares with 8,523.61 square meters; they are not part of the instant award.” Annex 6. Final property title granted by the INA on December 6, 1999, identified with Case file No. 52147-10775. Annexes to the submission filed by the State on July 19, 2007, during the working meeting of the 128th Regular Period of Sessions. 31 Additionally, the title establishes that: “This property title constitutes an inalienable asset of the benefiary community, except in those instances in which transfer of the right of ownership is done for the purpose of building housing for the members of said community who lack housing, likewise, transfer of the right of owership done by the owners of the houses must be to the benefit of members of the community. In both instances, there must be approval of the Board of Directors of the Civic Association (Patronato), which must appear on record in the instrument of transfer of the right of ownership. The Civic Association shall have preferential right to acquire the right of ownership of any houses that are put up for sale but may not sell them to third party natural persons or artificial entities, but may only do so to members of the benefiairy Garifuna community.” Annex 6. Final property title granted by the INA on Decmember 6, 1999, identified with Case file No. 52147-10775. Annexes to the submission introduced by the State on July 19, 2007, during the working meeting of the 128th regular session. 32 Annex 5. Rectification of the final property title in fee simple granted by the INA on January 11, 2000. Annexs to the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003, and Annexes to the submissions introduced by the State on July 19, 2007, during the working meeting of the 128th Regular Period of Sessions. 33 According to the commitment agreement of December 13, 2001, entered into by state officials, “[…] with the arrival of the first settlers in the community that we recognize as Rio Miel, the problem of land tenure between the community of Punta Piedra and Rio Miel began […]”. Annex 7. Commitment agreement of December 13, 2001. Annex to the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.