In my Master's thesis I used two concepts developed by Achille Mbembe that I think might help elucidate the narrative nature of tenure regimes; 1) The integral ties between spatiality and temporality he establishes in "At the Edge of the World: Boundaries, Territoriality, and Sovereignty in Africa" and 2) the form these ties take on in quotidian life, deemed by him conviviality.
Legal regimes are vast and convoluted rhetorical tapestries draped over reality until corrosion, crisis or mere circumstance lifts them up, shakes them out and judges whether they face a good washing or wholesale replacement. I'll need to look more into this, but I don't think this is a notion unknown to the legal field. The field is indeed rife with rich language that points to this fact. Take, for example the concept of “piercing the corporate veil”. Like any good yarn, that veil comes with refurbished subjectivities; it engenders a new economy of spatial configurations; and it constitutes its own temporality.
Mbembe asserts the relative nature of the interaction between spatiality and temporality as the primary explanation for the phenomenon of territoriality in Africa. Similar to the way that Bhabha posits the “ambivalence of modern society” that results from the instaneity of two conflicting temporalities as “the site of writing the nation,” (Bhabha 209) Mbembe employs the idea of instantaneous temporalities to explore the Nation’s physical limitations. Given that boundaries on the continent are in a continual state of flux—pulsating with the ebb and flow of ethnic, economic, religious, sexual and political determinants—territoriality, he argues, must always be conceived not merely in geographical terms, but in temporal ones, as well. Thus the “inviolability of boundaries among states” (Mbembe 2000: 267) (i.e. the semblance of permanence exuded by political boundaries) paints a two-tiered picture of the continent’s territorial divisions, with the static outlines of the colonial past hovering over a dynamic system of continual, relative expansions and contractions. The frequent result of this is a severing of regional idiosyncrasies—of a traditional, economic, or political nature—under the imposition of nation-state boundaries grandfathered in, and in the service of an increasingly distant colonial age.