Sierra Leone’s Lawyers’ Society has challenged comments by Lands Minister Dr. Turad Senesie that individuals do not currently hold formal title to land in the country, arguing that existing law recognises private land ownership and the transfer of interests in land.
The dispute has brought into focus the difference between ownership or proprietary rights, conveyances and formally registered title as the government pushes to reform the country’s land administration system.
The Lawyers’ Society cited the Conveyancing and Law of Property Act 1881, which forms part of Sierra Leone’s property law, as a legal basis for its position that individuals can hold and transfer interests in land. The legislation contains provisions governing the conveyance, transfer and mortgage of estates and interests in property.
But the minister’s argument focuses on a different issue: whether a conveyance should be regarded as formal legal title.
Dr. Senesie has argued that a conveyance is evidence of a transaction between a buyer and the person from whom land was acquired, rather than the equivalent of a formal registered title certificate. He says Sierra Leone needs a comprehensive title-registration system through which recognised owners can receive title certificates.
The National Land Commission Act 2022, however, expressly recognises the concept of “private land”, defining it to include land vested in and owned by an individual, as well as land owned by families, communities, groups of individuals and other legal entities.
The Act also separately defines public land as land reserved, held or used by the government, local councils or communities for public purposes.
The provisions appear to distinguish between private ownership interests and land held or administered for public purposes, while leaving the government with substantial regulatory and administrative powers over land.
The Lawyers’ Society therefore argues that the absence of a modern title certificate does not mean individuals have no legally recognised rights or interests in land. The minister, meanwhile, is stressing the distinction between such interests and formal registered title.
The disagreement is significant as Sierra Leone undertakes reforms intended to modernise land administration and clarify ownership and registration procedures.
The Lawyers’ Society said it issued its clarification after seeing a video of the minister discussing land ownership, which it described as misleading. It said its intervention was intended to ensure that the public was accurately informed about the legal position.
At the heart of the dispute is therefore a question of terminology as well as law: does holding a valid interest in land under existing law amount to ownership, or should ownership ultimately be recognised through formal registration and a state-issued title certificate?
