OVERVIEW OF THE ACT AGAINST
CRIMINAL CONVEYANCE OF LAND
A DISCUSSION SESSION
LED BY
YUSSIF D. KABA
RESIDENT CIRCUIT JUDGE, CIVIL LAW
COURT
WHY AN ACT AGAINST CRIMINAL
CONVEYANCE OF LAND
• INCIDENCE OF UNLAWFUL AND ILLEGAL SALE AND
TRANSFER OF TITLE TO LAND;
• DISTURBANCE AND INSTABILITY DUE TO
CONFRONTATIONS RELATING TO LAND OWNERSHIP
AND POSSESSION;
• LAND DISPUTES HAVE REACH A CRISIS POINT TO THE
EXTEND THAT IT IS DIFFICULT FOR CIVIL RESOLUTION
OF SUCH DISPUTES;
• LAND DISPUTES HAVE THE POTENTIAL OF
UNDERMINING PEACE, STABILITY, HARMONY, UNITY,
NATIONAL RECONCILIATION AND ECONOMIC GROWTH,
DEVELOPMENT AND PROSPERITY.
WHAT ARE THE GENERAL PRINCIPLES
OF LAW ON THE LEGAL CONVEYANCE
OF LAND
• ONCE AND PARCEL OF LAND HAS BEEN SOLD BY THE
OWNER, TITLE TO IT PASSES TO THE BUYER AND THE
SELLER IMMMEDIATELY LOSSES TITLE AND THE RIGHT
TO EXERCISE ANY LAWFUL AUTHORITY REGARDING
SUCH CONVEYED LAND;
• UNDER LIBERIAN LAW, TITLE TO LAND CAN ONLY BE
CONVEYED BY THE LAWFUL OWNER, SUCH OWNER
HAVING ACQUIRED TITLE KIN ACCORDANCE WITH LAW,
EITHER BY PURCHASE FROM A PERSON WHOSE TITLE
CAN BE TRACED TO THE REPUBLIC OR THROUGH GIFT
OR INHERITANCE FROM AN OWNER WHOSE TITLE CAN
BE TRACED TO THE REPUBLIC OR BY ANY OTHER
LAWFUL MEANS.
WHO ARE THE PEPERTRATORS OF THE
CRIME OF CRIMINAL CONVEYANCE OF
LAND
• CITIZENS AND RESIDENTS WHO ENGAGED IN THE MULTIPLE SALE OF LAND
•
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PREVIOUSLY LEGALLY CONVEYED;
SURVEYORS WHO ON THEIR OWN OR IN CONNIVANCE WITH CRIMINAL MINDED
INDIVIDUALS ENGAGED IN THE ILLEGAL SURVEY AND SALE OF LAND;
LOCAL AND NATIONAL GOVERNMENT OFFICIALS WHO CONNIVE OR INFLUENCE
OTHERS TO CONVEY TITLE OR POSSESSION OF LAND KNOWING OR HAVING
REASON TO KNOW THAT SUCH PERSONS DO NOT HAVE LEGAL AUTHORITY OR
RIGHT TO SO DO;
PERSONS WITH AUTHORITY AND RESPONSIBILITY TO ARCHIVE LAND DEEDS AND
RECORDS WHO CONNIVED OR INFLUENCE OTHERS TO CONVEY TITLE OR
POSSESSION OF LAND KNOWING OR HAVING REASON TO KNOW THAT SUCH
PERSONS DO NOT HAVE LEGAL AUTHORITY OR RIGHT TO SO DO.
A LAND PURCHASER WHO PURCHASE TITLE OR POSSESSORY RIGHT TO LAND
FROM A PERSON WHOM HE KNOW OR HAVE REASON TO KNOW HAS NO LEGAL
AUTHORITY OR RIGHT TO CONVEY SUCH TITLE OR TRANSFER SUCH POSSESSORY
RIGHT.
STATE OF THE CRIMINAL LAW PRIOR
TO THE ENACTMENT OF THE ACT
AGAINST THE CRIMINAL CONVEYANCE
OF LAND
CHAPTER 15, SUBCHAPTER B, SECTION 15.21(4) OF
THE PENAL LAW PROVIDES AS FOLLOWS:
UNAUTHORIZED OCCUPATION, POSSESSION, SALE
OR OTHER CONVEYANCE OF PROPERTY.
A PERSON COMMITS AN OFFENSE IF, KNOWINGLY
THAT HE IS NOT LICENSED OR PRIVILEGED TO DO
SO,
A. ENTERS UPON, OCCUPIES AND IMPROVES REAL
PROPERTY NOT HAVING FEE SIMPLE TITLE
THERETO, OR PERMISSION OF THE OWNER,
STATE OF CRIMINAL LAW (CONTINUE)
B. DISPOSES OF REAL PROPERTY BY SALE,
MORTGAGED, OR OTHERWISE WITHOUT
HAVING PROPER VALID OWNERSHIP TO THE
SAME; OR
C. LEASES, RENTS, MORTGAGES OR OTHERWISE
CONVEYS REAL PROPERTY TO ANOTHER
WITHOUT A DEED OR OTHER INSTRUMENT OF
CONVEYANCE ESTABLISHING OWNERSHIP
THEREOF IN HIMSELF.
AMENDMENT OF SECTION 15.21(4)
UNDER THE NEW LAW
• A PERSON COMMITS AN OFFENCE IF HE OR SHE IS NOT
LICENSED OR PRIVILEGED TO DO SO, ENTERS UPON,
OCCUPIES AND IMPROVES REAL PROPERTY NOT
HAVING FEE SIMPLE TITLE THERETO
• IN CASE THE SAID PROPERTY IS PRIVATELY OWNED, THE
RIGHTFUL OWNER SHALL BE ENTITLED TO REDRESS IN
DAMAGES FOR TRESPASS
• IF THE PROPERTY IS A PART OF THE PUBLIC DOMAIN,
NO DAMAGES WILL ENSUE.
• OWNERSHIP OF ANY SUCH IMPROVEMENT ON THE
PROPERTY SHALL BE IN THE TRUE OWNER OF THE
LAND.
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SPECIES OF THE CRIME OF CRIMINAL
CONVEYANCE OF LAND, THE GRADE
AND THE PUNISHMENT
SELLER: GUILTY OF THE COMMISSION OF A SECOND DEGREE FELONY IF HE
CONVEYS TO ANOTHER THROUGH SALE, GIFT OR MORTGAGE OR LEASE A PARCEL
OF LAND FOR WHICH HE HAS NO TITLE TRACEABLE TO THE REPUBLIC OF LIBERIA.
BUYER: GUILTY OF THE COMMISSION OF A THIRD DEGREE FELONY IF HE
PURCHASED A PARCEL OF LAND WHICH HE KNOW OR SHOULD HAVE REASON TO
KNOW DOES OT BELONG TO THE SELLER.
SURVEYOR: IS GUILTY OF A FIRST DEGREE FELONY PUNISHABLE BY BOTH A FINE TO
BE DETERMINE BY THE COURT AND A TERM OF IMPRISONMENT NOT LESS THAN
TEN YEARS IF HE ENCOURAGES, PURSUADES, SURVEYS, USES HIS INFLUENCE OR IN
ANY OTHER WAY PARTICIPATE OR CONSPIRES WITH ANYONE IN THE SALE OR
PURCHASE OF A PARCEL OF LAND, KNOWING OR HAVING REASON TO KNOW THAT
THE SELLER HAS NO LAWFUL TITLE TO THE SAID LAND.
SURVEYOR: GUILTY OF THIRD DEGREE FELONY IF HE SURVEYS A PARCEL OF LAND
WITHOUT A NOTICE TO ALL ADJOINING PROPERTY OWNERS, CONSISTENT WITH
EXISTING LAW, REGULATION OR EXECUTIVE ORDER OR PROCEDURE.
LOCAL GOVERNMENT OFFICIALS, OR ARCHIVAL STAFF SHALL BE GUILTY OF A
SECOND DEGREE FELONY IF THEY ABUSE THEIR AUTHORITY TO UNDULY
INFLUENCE OR COMPEL ANOTHER TO CONVEY A PARCEL OF LAND TO ANOTHER
KNOWING THAT SUCH PERSON DOES NOT HAVE AUTHORITY TO SO DO.
SPECIES OF THE CRIME (CONTINUE)
• NATIONAL LEADERS AND OFFICIALS, AND
LAW ENFORCEMENT OFFICIALS ARE GUILTY OF
A SECOND DEGREE FELONY
AFFIRMATIVE DEFENSE
PENALTY