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

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In some clans, the abundance of land is a source of tenure security. Clan members in Nitrian Community,
Motor Road, Upper Workor, and Saykleken informed us that there is plenty of land for everyone in the
community, both for now and in the future. In Nitrian and Saykleken, there were many primary forests which
community members could clear in order to assert permanent primary land rights. The perception that land
rights are secure and that the community can rely on them to provide for itself over the long-term is present
where there is little competition for land and natural resources. It suggests that these communities either do
not anticipate external threats to their land rights or that their rights under custom give them the authority to
fend off such threats. Unfortunately, neither of these scenarios is likely to be the reality in the future unless
changes are taken to protect their rights.
8.1.2 Deeds and Tenure Security
Deeds often provide significant tenure security to the
deed holders and, in some cases, to their extended
families. In the clans where deeds were present, we
found that there were fewer incidences of
encroachment and/or disputes on deeded land.
Individuals with deeds issued in their names had concomitant ability to exclude their land from customary
tenure which seemed to give them land tenure security. Most deed holders claimed they were not worried
about encroachment because they had documentation to prove their claims to land. In Nitrian, where people
claimed that a deed had been issued to the entire Nitrian Community, having that deed seems to reassure
most member of Nitrian that they will perpetually manage and control the land, and that the government is
no threat to their ability to do this. Yet, this was not the case for areas that were covered by one or two large
deeds as we explain in section 8.2.2. Moreover, people who had illicitly obtained deeds also did not seem to
have security of tenure because their claims to land were highlighly contested.
8.1.3 Life Trees
In some clans, such as Dobli, Ylan, Gbanshay, Tengia, Upper Workor, and Motor Road, life trees constitute a
source of tenure security for those that have them. Once one plants life trees on a piece of land, typically no
one can clear the trees or claim the tree products other than the person who planted them and his/her
immediate family. Moreover, the rights to the land and the trees are perpetual and heritable. As one woman in
Ding stated (in regards to rubber), life trees are “like a deed for us.” However, the security benefits are
disproportionately enjoyed by men, who are primarily the ones who plant life trees. In cases where women
planted trees or inherited land planted in trees (e.g., Ylan), women reported that these practices ensure that no
one will take their land from them. In some clans, such as Ylan and Dobli, strangers are sometimes granted
the right to plant life trees, which can reinforce their right to remain in the clan. In some clans, however, the
legitimacy and permanency of the claim to land after planting life trees depends on who plants them. In
Gbanshay, we heard of cases where borrowers planted trees but lost access to the land and trees after land
owners contested their use of the land. Likewise, encroachers in Ylan have sometimes lost portions of land
planted with trees during disputes resolution. We also heard of cases where people lost their claim to
land/tree after family members disputed their use of family land.
8.1.4 Tribal Certificates
“We bought the land from the government; we
are the land owners now.”
– Nitrian Community Elder
In each of the clans that we visited, families of individuals or towns that acquired TCs are considered
landowners under customary rules. In these clans, the customary tenure system has incorporated TCs such that
they are viewed as legitimate evidence of primary rights to land. Although TCs are not recognized by the state
as evidence of land ownership, many individuals appear to be unaware of this. In Ylan, Gbanshay, Dobli, and
Motor Road, some community members that farm on land under TCs claimed that they felt secure about
their rights to land since they had documentation to prove their claims. Oftentimes, those without TCs are
seeking to acquire them because they are worried that without them, they could lose their land. TCs are also
seen as evidence that can protect one‟s land from encroachment by neighboring farmers, towns, and clans.
Whereas many people consider their TCs to be valid even if they acquired them many years ago, others assert
CUSTOMARY LAND TENURE IN LIBERIA