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

43
Borrowing
Borrowing land for seasonal crop farming outside of one‟s core tenure unit is common in some clans, while in
others it is not (see Figure 4.3). Where land is plentiful, there tends to be less borrowing because people have
sufficient fertile land to farm within their core tenure unit.
Borrowing terms for land for seasonal crop farming are typically one season, with some clans allowing borrowers
to renegotiate for a second season if they choose. The short term length is due to the fact that fragile tropical
soils are not able to support rice and cassava crops for longer than a single cropping season before the land
needs to be put to fallow. In Mana Clan, however, borrowing terms are typically four years. Basically, this is a
window during which the borrower has the option to plant his/her seasonal crops, frequently vegetables. If the
borrower does not exploit the option, the land returns to the primary holder after the four years have expired.
Most communities expect borrowers to pay a small portion of harvested crop, such as one to two bags of seed
rice. Sometimes, this represents a requirement, while other times, borrowers tend to provide this in order to
maintain good relations with the lender. In some areas with more plentiful land, such as Nitrian, Motor Road,
and Saykleken, no payment is required and there are few borrowers due to the widespread availability of land. In
Nitrian and Motor Road, the paucity of borrowing arrangements also owes to the largeness of the core tenure
unit.
Although on the surface it would appear that borrowers have weak tenure security, intra-group social cohesion
can provide borrowers with some assurance, especially if both the borrower and lender are from the same
kinship group. For example, in Nitrian Community, we were told that no borrower has ever been refused land.
Likewise, in Tengia, landholders cannot refuse to lend land they are not farming to other town citizens.
Otherwise, the intended borrower can go to the Town Chief, who will assure that the borrower‟s request is
granted.
On land that is borrowed, it is a nearly universal rule that borrowers may not plant life trees. The reason for the
prohibition is that life trees impose a permanent claim to land, such that the landholder or landholding family
would be unable to reclaim the land they had lent. The only clan where borrowers were reported to be able to
plant life trees – namely cocoa and coffee – was Tengia. Here, one group of elders reported that this allowance is
restricted to fellow town citizens and is only sanctioned with the explicit permission of the landholder and
payment of a portion of the harvested tree crop.
Tengia Clan also had unique rules for borrowing land for banana crops. Reportedly, the average life of banana
crops is 10 years, but borrowing terms for cultivation of these crops is five to six years. The lender does not
charge the borrower a “tax” (i.e., an in-kind payment for using the land) because she/he has invested in
developing the land and the landholder will benefit from harvesting the banana crops for a few years after the
borrower‟s term has expired.
Borrower access to land has become a contentious issue in Gbanshay and Dobli Clans due to the propensity of
borrowers to plant life trees on land that they agreed to use for seasonal cropping, thereby asserting an individual
claim to the land. The problem has led to landowners becoming more leery of lending land to borrowers for fear
that borrowers will assert permanent claims. The issue is discussed further in Chapter 6.
CUSTOMARY LAND TENURE IN LIBERIA