VARIOUS FORMS OF TENURE UNDER CUSTOMARY LAND LAW IN SIERRA

LEONE

Introduction

The concept of tenure is one of the fundamental doctrines of land law. It is

usually discussed alongside the doctrine of estate especially where the
determination of ownership and interest in land are concerned. In the context
of English Land Law, for example, the doctrine of tenure can be traced as far
back as the Norman Conquest of 1066, to determine the condition upon which
land was held under a hierarchical system of governance known as the feudal
system in which all land in England was considered to be owned by the King of
England by conquest.

Those who received and occupied land in the name of the King, were often
subjected to certain conditions so as to determine the quantum of their interest
in the land. In this regard, it can be seen that while the doctrine of estate is
concerned with the length or quantum of time for which land is held (i.e the
relationship of the tenant to the land) the doctrine of tenure is concerned with
the conditions on which land is held ( i.e. the relationship of lord and tenant).

In the Provinces of Sierra Leone, the relationship between a person and the
land regarding interests and ownership is largely governed by a land tenure
system wich is hugely influenced by customary law. This implies that the
relationship is characterized by the beliefs, customs and cultural practices of
the local communities which are largely influenced by the history, social and
political practices of the people. Therefore, there exists various forms of
customary laws as there are ethnic groups in Sierra Leone.

Unlike the English system of tenure which was largely influenced by the feudal
system, the land tenure system in the Provinces of Sierra Leone is, arguably,
influenced by three distinct but largely interconnected forms of tenure. These
are communal tenure, family tenure and the individual tenure.
Therefore, this presentation will discuss the various forms of tenure under
customary law in the Provinces of Sierra Leone in light of communal tenure,
family tenure and individual tenure.

VARIOUS FORMS OF TENURE UNDER CUSTOMARY LAND LAW IN SIERRA

LEONE

In the Provinces of Sierra Leone, people’s relationship to land is largely

governed by the land tenure system.