This is an issue that is so complicated that even the government does not have the right answers. Lands office (to the best of my own personal knowledge) controls only "Tubab Banko" ie post colonial era where the Europeans colonizers set up their colonial rule. The rest is up to the local chiefs who controlled their districts. There were a few citizens who were given "free hold lands" from the colonial masters which means that the state no longer has any say in those lands except some proprty taxes. This is different with the" leasehold lands " which is state owned and they are usually leased only for 99 years which most people in Banjul and the kombos currently have. The State Government has a right to reassign or renew the leased land after that 99 years lease expires but it cannot do so with Free hold land owners.
It is complicated when you have third parties who purchase properties without renewing the old lease from the previous owners ( who may have used up 30 or 50 years from the original 99 years) .
On a final note , this land issue has caused tribal wars in Africa, the Arabian peninsula, and many parts of Asia when the current settlers claim land that belong to the original tribes because they have been around for a substantial period of time. The issue of "Surgas" who work on your farm land for free and can use a portion for themselves as pay is another gray area that is a potential bomb if the children of those "surgas" grow up and become part of the village.
In Nigeria almost all the tribal wars in Ogoni land vs the neighboring Uroba tribe erupts almost every year when it is time to clear up the bushes for new farm land.
I hope you can see the picture more clearly but I welcome any contributors who can add or correct me if I am wrong.
My take on this is basic and I hope that some on the G-L would nt feel offended by the religious remark I am about to make. I feel that if we follow the Quran and the laws of God in all the main religions and accept the fact that we do not really own anything in this world and just passing through a lot of this land issue would not be so controversial because when we die we do not take anything with us not even the land we are buried on.
I commend your on all your contributions and due to my busy travelling schedule I am no longer active on the G-L because of time constraints.
With best regards,
Habib Diab Ghanim
>From: Rene Badjan <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: State Land?
>Date: Thu, 5 Jul 2001 10:14:48 EDT
>
> Aunty Jabou,
> Your questions are quite pertinent. It would be interesting for those
>in the know, to give us an account historically as to how such parcels of
>land became the property of those who claim it as theirs. It would equally be
>interesting to know, how government or what modalities are involved for the
>government to reclaim such lands. It should also be noted that those who
>exercise rights or claims to these lands, have maintained such rights or
>claims even before the Gambia became independent. What was the colonial
>legacy to such claims, or what were the modalities that existed for the
>recognition of such claims. We need some history here, and those who are
>knowledgable in this area can help us.
>
> I could remember vividly during my communtiy development activities in
>Old Jeshwang, having to grapple with these questions. I was fascinated by
>claims to such ownership of land, which usually had a very strong political
>backing if the claimants support the government. I have also seen instances
>where the land was used as a political weapon, through such ownership claims,
>to deprive others who do not share the same political platform use of the
>land, either for gardening or farming purposes or even for residential
>purposes. Even where the land was used for gardening or farming purposes,
>with the express permission of those who claim to own the land, there was
>always a certain degree of compensation mostly in kind.
>
> Again, it would be very interesting if the dynamics of such land issues
>are unraveled. We might gain a lot knowing about the cultural and ethnic
>dispositions, which invariably could have played a role in the evolution of
>these claims to communal and family ownership of land in many places in the
>country. Again, those who are in the know concerning these issues can
>enlighten us. Sincere regards.
>
> Rene
>
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