Customary Land Tenure in Liberia - Land Tenure and Property ...

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Box 6.1: Seeking Resolution: A Case of Encroachment in Gbanshay
The only surviving child of a local landowner from the town of Foloblai in Gbanshay, “Gormah,”
inherited her father’s land when he passed away, including the TC in his name. Though her name is not
on the certificate and her father had not acquired a deed to the land, Gormah firmly believes that the
land is hers.
The inherited land abuts a footpath, which serves as the traditional boundary between Foloblai and the
neighboring town of Gbanyea. After Gormah inherited the land, a man from Gbanyea crossed the
footpath and began planting rubber trees on Gormah’s land. Gormah first asked the customary
authorities in Foloblai to intervene, and they asked the man to stop. But they had no power to enforce
their requests and the man continued to plant rubber. Further, the man claimed that, because Gormah
did not have a deed, her TC was invalid and the land was “free” (available).
After the customary authorities failed to resolve the dispute, the man asked the Norwegian Refugee
Council (NRC) to mediate the case. The NRC suggested that the woman and the man divide the
contested land between them, but Gormah refused to settle. According to her, the TC in her possession
proved her right to the land. She wanted to take the dispute to court.
At the time that this report was being written, Gormah was suing the man through the Circuit Court in
Gbarnga and asserted that she would win because, she said, “I have the paper.”
Disputes between Towns
Disputes between towns were relatively common in Dobli, Little Kola, Tengia, Upper Workor, and Ylan, and
are often related to encroachment. In Little Kola, disputes occur when people make farms or use materials
from bush across town boundaries without asking permission. In Tengia Clan, disputes occur when citizens
of one town encroach on another town‟s land, sometimes planting cocoa. The same is true in Upper Workor
Clan, where people cross town boundaries and plant life trees, primarily palm, or hunt in another town‟s bush
without permission. In this clan, an ongoing dispute between two towns is related to a contested boundary,
which had traditionally been marked by a soap tree. Several years ago, the soap tree was cut down and
farmers from both sides began claiming the area. In Ylan Clan, there is an ongoing dispute between Mehnpa
and Saclepea towns, in which people from Saclepea are reportedly encroaching on Mehnpa land and felling
rubber trees that have been planted there.
In a few cases, disputes between towns arise over access to valuable resources. For example, in Gbanshay
Clan, two towns had traditionally claimed a portion of a mountain that served as the boundary between them.
In recent years, however, the GOL, in conjunction with a mining company, is said to have begun prospecting
the mountain for minerals. 59 The potential to secure economic resources associated with mineral exploitation
has led to a dispute between the two towns over rights to the mountain, with each trying to push their
boundary into the other‟s area. A similar situation also happened in Mana Clan over access to an area
suspected to be rich in minerals. In Saykleken Clan, disputes between towns are often over swampland. Many
clan members want grow swamp rice; however, swampland is limited. Disputes potentially arise due to high
competition for this limited resource.
59 We were unable to determine which mineral this was, though the description of the mountain as “hot” potentially
suggests iron ore.
CUSTOMARY LAND TENURE IN LIBERIA