Boundaries and customary land ownership disputes in Sarawak

Customary land ownership disputes may be attributed to three main factors, namely, land status, legitimacy of ownership, and the actual size of land owned. Communal conflicts and disputes pertaining to customary land ownership in tribal states such as Sarawak may be attributed to the way land information is acquired. As most of the owners of customary land acquired their land ownership information orally, through word of mouth, this has led to the onset of various challenges as to the validity and legitimacy of differing assumptions and interpretations of the land ownership status. This study examines the responses of customary land owners with respect to the manner customary land boundaries were determined by the Bidayuh community in the Serian district of Sarawak with special reference to land disputes and their implications to customary land ownership. Information was collected through focus group discussions and in-depth interviews with customary land owners. The findings indicated that there existed several dfferent ways of defining and determining land boundaries among the landowners. In conclusion, land disputes in the study area were driven by issues of ownership status and legitimacy. To mitigate disputes, it is suggested that the customary lands be properly surveyed and subdivided by qualified surveyors. When thus surveyed, land owners would obtain a bonafide official land title declaring clearly the status and ownership legitimacy of the particular customary land.