In this post we will be looking at Land tenure system in Nigeria. The meaning of Land Tenure System, types, characteristics, Advantages and disadvantages of Land Tenure System in Nigeria.
INTRODUCTION
Land is essential for every human activity on earth as it is the source of all material wealth. In order to regulate the ownership, use and development of land and land resources, nations the world over have instituted land ownership systems aimed at consistent balancing of the interests of the government, the land-owning class and the landless class. This paper examines land ownership in Nigeria. The paper argues that land ownership structure in Nigeria has evolved over the years until 1978 when a single land policy document, otherwise known as the Land Use Act of 1978 was established to harmonies and regulate land ownership in the country. The paper further contends that the present land ownership system in Nigeria as enshrined in the Land Use Act of 1978 has socialist inclinations with excessive state control of land ownership, use and development. The paper concludes that such land system cannot effectively support private sector-driven enterprises and development initiatives as it creates too much bureaucracy in the documentation of land transactions, land registration and land titling. It recommends an urgent amendment of the nation’s Land Use Act to facilitate access to land with ease for various purposes.
LAND TENURE SYSTEM IN NIGERIA
Land tenure system in Nigeria is an important issue of discussion, search, and review. The basic land law regimes and determinants of relevant rights and obligations with respect to land property. Land tenure in Nigeria is a complex series of relationships between multiple institutions in relation to the uses of land. It also includes institutions that are significant in determining the pattern of land ownership and use. These institutions include the government, customary laws, etc. More so, the history of land administration in Nigeria can be traced back to the 1800s while some statistics show that only a smaller percentage of the nation’s urban residents live in officially designated urban areas. Other people seek ways to own or buy land in their vicinity. You can read about Tenancy Agreement and property development.
WHAT IS LAND TENURE SYSTEM?
The Land Tenure System in Nigeria is the process of granting ownership of land to individuals, legal bodies, corporate bodies, and natural bodies based on their use of these lands. This statutory instrument is used to ensure that human habitats are safe and sustainable.
Land tenure is the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land. (For convenience, “land” is used here to include other natural resources such as water and trees.) Land tenure is an institution, i.e., rules invented by societies to regulate behavior. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources for how long, and under what conditions.
TYPES OF LAND TENURE SYSTEM IN NIGERIA.
In order to strengthen property rights and eliminate systemic sources of wealth inequality by changing the classification, distribution, and administration of its land resources, the country came up with types of Land Tenure systems. They are:
- Freehold Tenure System: Individuals who subscribe to the Freehold tenure system pay a predetermined amount for the right to own a plot of land. Upon obtaining it, you can use it as collateral for a loan. Larger the land, the greater the payment. The land is surveyed and closed by signing backup documents.
- Inheritance Tenure System: In this case, land ownership is transferred to the next of kin. Thus, lands are provided for both born and unborn children. Some villages transfer lands to the children upon their parents’ death.
- Communal Land Tenure system: The community becomes the ruling power of the land under this system. The head of the community determines the sharing ratio. Farming on a large scale is often encouraged, but a single individual cannot claim ownership of the land or even use it as security.
- Leasehold Tenure System: An individual is granted temporary ownership of a plot of land by some form of a title from the owner. During the lease period, an individual may have temporary access to the land, but cannot use it as collateral for loans.
- Gift Tenure System: This type of land ownership is when the landowner gives up his or her land voluntarily and without being coerced by anybody. Since the new owner now owns the full and permanent title to the land, he can use it as collateral for a loan.
- Rent Tenure System: The tenants pay a rent amount to the landlord for a period of time that they use the property. Depending on the agreement and terms, the rent period could be one to two years.
- Tenants at Government Will: According to this system, land is leased by the Nigerian government to farmers for cultivating. The land is mostly used for large-scale farming and crop production. The land is relatively inexpensive to acquire.
CHARACTERISTICS OF LAND TENURE SYSTEM IN NIGERIA.
The things that make up the Land Tenure system in Nigeria include:
- Property right by an individual
- Use of land within a community
- Control of communal piece of land and
- Transfer of allocated piece of land legitimately.
Advantages of land tenure system in Nigeria
- Land tenure systems are important for supplementing the existing legal framework, which guarantees secure tenure rights to people.
- It directs to better order and smooth running of communities.
- It shows as a system for regulating the legal relationship between individuals and communities with respect to land use.
- It is backed up by “Acts” and these acts provided for all issues at or about lands in Nigeria, its ownership, descriptions, partition use, inheritance, mortgages purchase/ selling transfer, etc.
- It is a system enabling people to use and manage land and natural resources. It involves two main parties: the government, whose duty is to monitor and regulate the use of land, and private individuals who own and cultivate the land and enjoy its fruits and products.
Disadvantages Of Land Tenure System in Nigeria
It has its root in tradition and culture which may lead to varying views among individuals depending on their religious and cultural orientation.
Conclusion:
Land tenure is a system of laws that determines who is considered to be the owner of land in a given jurisdiction. Nigeria has a federal system of government and land tenure laws are generally made by the various States. This topic often creates attention in the country is the “Land Tenure System”. Therefore, in an attempt to explore further, we have conducted some research on land tenure in Nigeria.