Judge J. Boima Kontoe of the Civil Law Court raised concerns about the increasing conflicts over land in Liberia and called for the urgent need to prevent these disputes from impacting governance, community stability, and economic prosperity.
Speaking at the opening of the Civil Law Courts A and B, on Monday, September 15, Judge Kontoe acknowledged that land remains one of the most valuable resources in Liberia and it is also one of the most contested resources-as such there are a lot of disputes across the country.
The Judge, however, proffered several recommendations or strategies for resolving land conflicts, including enhancing transparency within the justice system, adopting a comprehensive approach to land rights, and coordinating efforts between formal and informal dispute resolution methods
To ensure land disputes are resolved effectively and sustainably, Kontoe said there should be transparent and accountable justice systems, the implementation of land rights through a whole-of-society approach, and a comprehensive strategy that coordinates formal and informal methods.
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Achieving this, Kontoe said, it requires a national dialogue with all stakeholders including the Legislature, the Executive and the Judiciary.
Kontoe, however, named dual land tenure systems, weak documentation, overlapping deeds, alleged issuance of dubious certificates, copies of deeds and fraudulent sales have made land disputes common across the country.
These disputes, according to Kontoe, do not only undermine social cohesion but also threaten peace, stability and economic development. Providing solutions for resolving land conflicts in the country, Kontoe also recommended the overhauling of key stakeholders in the administration of land related issues, like Probate Courts across Liberia, the Liberia Land Authority (LLA) and the Center for National Documents and Records Agency (CNDRA).
"This will require an all-inclusive approach, strengthening existing institutions-particularly Probate Courts across Liberia, the LLA and the CNDRA," the Civil Law Court judge maintained.
Additionally, Konton named reforms to current laws for the removal of archival functions from the Ministry of Foreign Affairs, LLA and CNDRA, to a single agency of government.
The Role of Probate Courts
Kontoe emphasized that Probate Courts in Liberia exercise jurisdiction over matters including the issuance of letters of administration, decrees of sale, probation and orders for the registrations of deeds and such other instruments and the distribution of estates' properties.
Kontoe also recommended that since many land disputes arise from the Probate Courts, the courts should be made to play a central and crucial role in the prevention of such disputes.
"With enhanced legal and institutional frameworks, probate courts are better positioned to mitigate land disputes," said Kontoe.
To this end, Kontoe recommended, "we call for the amendment of the laws of Liberia to require all land-related probates to be done through an electronic database in the offices of the clerks of the Probate Courts."
Kontoe emphasized that upon the completion of a probate process, the court's record in the database is shared with the LLA, and the CNDRA.
Furthermore, Kontoe recommended that probate judges should receive specialized training in land law, accessing database and estate administration to ensure that their rulings are consistent and credible.
Kontoe noted that Land Title Registration is solely vested with the LLA, which provides legal certainty by recording ownership and protecting landholders from competing claims.
Kontoe believes that if the law is implemented effectively, it prevents fraudulent conveyances, double sales, and overlapping deeds, noting that the system of land registration in Liberia is still weak.
According to Kontoe, many rural communities rely on customary tenure without proper documentation, while urban areas are plagued by multiple deeds issued for the same parcel of land. However, Kontoe maintained that improving the legal framework should focus on making land title registration less expensive and compulsory for all land transactions and ensuring that registered titles are conclusive proof of ownership.
Commenting on the Land Rights Act of 2018, Kontoe said, it has made significant progress by recognizing customary land, but stronger regulations are needed to integrate these rights into the formal registration system.
In addition, he said, digitization of land records and the introduction of a modern cadastral mapping system would greatly improve transparency.
"Since every point, I mean every location and location on the Planet Earth is unique, with if every parcel of land in Liberia were properly surveyed, mapped, and linked to an electronic registry, land disputes would decrease significantly," Kontoe noted.
Kontoe maintained that CNDRA served as Liberia's official custodian of public records, including land deeds and other land related titles.
Kontoe said that in principle, no land transaction was valid unless it was recorded with CNDRA, although this function was transferred to the LLA.
"Its involvement is therefore crucial in not only authenticating documents but also maintaining a centralized archive," the judge said.
Kontoe emphasized that CNDRA, arguably, struggles with out-dated filing systems, poor record management, and susceptibility to tampering with documents once registered.
"Cases of 'missing deeds registration information' or duplicate copies of the same deed are common, fuelling suspicion and distrust with allegations of fraudulent registrations and issuance of certified copies of deeds," Kontoe claims.
According to Kontoe, legal reform and institutional modernization is required to make CNDRA the sole authority for certifying the authenticity of deeds, with mandatory electronic filing to prevent alteration.
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Additionally, he noted, that the agency must be digitized, with secure electronic archives of all existing documents and accessible to both the LLA and probate courts.
"This interconnected system would allow judges, lawyers, and the public to instantly verify the authenticity of any deed," the judge added.
Kontoe believes that strict penalties should be imposed on officials or private actors who conspire and collude to produce fraudulent documents.
He also provided several recommendations to ensure land and land related disputes are mitigated through a process, including the need for a mandatory registration of transactions, noting that all land sales, transfers of titles, and inheritances should be registered with the LLA within statutory time, with penalties for non-compliance.
Kontoe also called for a digital integration of the probate courts, LLA, and CNDRA, in order for them to operate on a shared digital platform to cross-verify records and eliminate duplication and fraud.
He said the government must ensure all lands in Liberia including public and customary lands are properly surveyed, mapped and digitised-calling for mandatory transparent public access to land records.
"That the database created for the probate courts and shared with the LLA, CNDRA and the Ministry of Foreign Affairs are accessible online by the public," he said. "Every private land sale and communal land translation must be a tripartite deal (to involve the grantor, grantee and an agency of the Government of Liberia) for oversight purposes."
