Real Property, Land Law, and Wills and Estates
This domain combines real property, Liberian land law, and succession. Expect estates, deeds, recording, easements, mortgages, customary and community land, wills, probate, and intestacy.
Core rules
- Property interests include fee simple, life estates, and leaseholds. Concurrent owners may hold as tenants in common or joint tenants.
- A deed must identify parties, land, and intent, and be delivered. Recording protects priority; a later bona fide purchaser may prevail over an earlier unrecorded interest depending on the recording rule.
- The Land Rights Act of 2018 recognizes customary and community land and requires formalization through the Liberia Land Authority. Community land decisions require community participation.
- Easements and covenants run with land only when the required elements are met.
- A will requires testamentary capacity, intent, signature, and attestation by competent witnesses. Revocation may occur by later will, physical act, or operation of law.
- Intestacy distributes property by statute when there is no valid will. Probate validates the will and appoints a personal representative.
Worked example
T signs a will leaving her house to her daughter. Two witnesses sign, but they sign before T signs. After T dies, the daughter offers the will for probate. Because the statutory execution sequence was not followed, the will is defective. The house passes by intestacy unless another valid will exists. If T had instead devised customary community land, the devise would also require compliance with Land Rights Act formalities and community rights.
Traps
Do not confuse probate with proof of title. An unrecorded deed may lose to a later bona fide purchaser. Do not ignore customary or community interests when advising on land. Check witness competence and signing order. Intestate shares are statutory, not a matter of fairness.