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 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.

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