Effect Of Land Use Act On Property Development In Nigeria

Effect Of Land Use Act On Property Development In Nigeria

Chapter One

Preface

Background of the Study

The land use DecreeNo. 6 of 1978 else popularly called Land Use Act was announced on 29th March, 1978, the effective date of the inception of its operation in Nigeria. It’s a statutory approach or device used by the civil government to consolidate and harmonize the different tours current in the country before the promulgation. It aims at icing the protection of the rights of all Nigerians to enable them to give for the food of themselves and their families.

It abolished the age long tradition of private power of land in the south and introduced a invariant system of land term throughout the country.

Land term under this division means that; one can not have an interest in land beyond the terms granted to him by the enactment( generally 99 times) and similar interest is renewable on expiration.

The act vests all land comprised in the home of each state( except land vested in the Federal Government for its agencies) solely in the hands of the military governors of the state who would hold similar land in true for the people.

Eventually, the promulgation of this Act was as a result of two main factors;

originally, was the diversity of customary laws on land term and difficulty in applying the colorful customs of the different peoples.

The alternate factor was the rampant practice in southern Nigeria with respects to fraudulent deals of land. The same land would be vended to different persons at the same time giving rise to so numerous actions.

Land being the most universal, most precious, presumably the most controversial means, the one and the only foundation of all mortal conditioning, requires a planned system of holding, control and regulations so as to avoid abuse and abuse of rights thereof.

In the words of TaslimO. Elias,( a famed magistrate). “ The indigenous system doesn’t admit that land can ever be without an proprietor ” indeed, if land( Real property), were to be a “ res nullius ”( commodity belonging to none), it’ll be chaffy in the profitable sense, there will be no question of mandatory accession, purchase, cancellation and posterior compensation. It may not be out of place to suggest that without valid control and regulation, power of land may depend purely on the physical strength of an individual or how violent the person can be. similar situation will surely be anchoretic.

This work thus unraveled the goods of Land Use Act, 1978 to prospective investors on real property( land), estate surveyors, private individualities etc, particularly in Enugu civic.

Since its promulgation still, the land use Act has been under violent fire as nearly nearly every part of it has been blamed. The Act hardly went down well with traditional Nigeria, substantially because of the factors of interest in collaborative land power comprising several dead ancestors, fairly many living members and innumerous future generations. numerous of their fathers and maters lost their lives in the process of acquiring the lands and were buried there. Unless their bodies and bones are disinterred, it remains a taboo to leave those lands. One thus observes the actuality of several motives and circumstances attracted to land power. In traditional Nigeria, numerous of which are non – profitable and thus can not assuaged monetarily since the possessors don’t trade, alienate or part with land as freely or fluently as other goods.

Professionally speaking, land and its attributes, features and factors embodies value in hassle.

Statement Of The Problem

From the below conversations, certain questions might be linked that clearly, needs answers. They include;

1. Is the land use decree 1978( now Land Use Act) enforced to its fullest piecemeal from over use of similar powers by state governors?

2. What are the problems associated with the ways for valuing parcels compulsorily acquired for compensation under the act?

3. What’s the effect of the Act on compensation?

4. What adaptations should be done to the compensation, cancellation of rights of residency for booting public interests, allocation of land for Agriculture and grazing sections of this Act?

. What should be the applicable fashion for valuing parcels mandatory acquired for compensation purposes under the Act?

6. What should be the applicable fashion for zoning of land and structure and valuing parcels compulsorily acquired compensation purpose under the Act?

7. What effect has the Act posed on the price medium of land and structures?

points and objects

The objects of this exploration would be as follows

a) To ascertain whether the powers exercised by the state governors under Land Use Act and the general over – view of this Act pose a trouble to effective land use.

b) To identify the possible problems associated with property development as a result of the Act.

c) Suggesting the necessary adaptations that need to be made to the cancellation , compensation of rights of residency in sections of this Act, in order to promote property development.

d) Suggesting an applicable fashion for valuing parcels compulsorily acquired under the Act.

e) To suggest the right professional able in aiding the government on land deals and other advancements on land.

f) Suggesting towards icing acceptable compensation for a abandoned right of residency.

g) Eventually, proffering ways of reflecting the realities of social, traditional and profitable morals posed by the Land Use Act to the ultramodern society.

Exploration Thesis

H0 The Land Use Act didn’t produce any problem to the ease of availability to land for property development in Enugu.

H1 The Land Use Act has created problems to the ease of availability to land for property development in Enugu.

H0 The Land Use Act has not assessed any difficulty in land accession for property development in Enugu.

H2 The Land Use Act has assessed some difficulties on land accession for property development in Enugu.

Significance Of The Study

The study of the Land Use ActNo. 6, 1978 with eight( 8) corridor and fifty one( 51) sections is the most significant land policy presently in force in Nigeria. The study will be of benefit to the government of its planning control and property accession procedures.

utmost intending property development are spooked by the compensation fashion if a property is abandoned by the governor for booting public interest, hence, this study will help the inventors for prudent appraisals.

State surveyors and values enciphered apply the result of this exploration. Work in their unborn valuation for mandatory accession and in their premonitory part to the public. scholars and speakers in Estate operation Professional won’t find this work insignificant as it explained areas of contestation in thisact.With this input in Estate Management Professional, property inventors will increase geometrically as recommendations preferred in this work will ameliorate the compensation receivable by.

Compass And Limitations Of The Study

This work unraveled the places of Land Use Act in property development in Enugu Urban. Four zones of Okpara Avenue, New Haven, Achara Layout and Ogui layout are tried due the large land mass.

These four zones are where property developments are more pronounced. Although lands within Enugu Urban are abandoned by the public bodies for booting public interest without putting it for what it was abandoned for. The compass of the study thus uses the four zones to represent other areas in Enugu civic where property developments take place.

similar rights of collaborative land proprietor and property possessors were commandeered by the government thereby reducing their rights of residency to 99 times parcel rather of allodia or absolute power.

This exploration work was largely tideous, though extremely instructive. The experimenter thus, encountered constraints during the course of this design especially finance, which made him redistrict the study to certain areas.

Again time factor limited this study as I participated time among the design and other academic work. More so, the commitments of the experimenter to the weal of Estate Management Association( EMA) IMT as the chairman slightly delayed this work.

The vittles of the Land Use Act are too expansive to be compressed into many runners. For the purpose of this study, only the arrangements of sections and the vittles pertaining to valuation and its goods are covered.

Although the compass of this work was limited by time and finance, the experimenter was suitable to carry out the work to completion.

Description Of Terms

Effect effect is defined as a change which is a result or consequence of an action or other cause or cause( commodity) to be; bring about.

LandLand, occasionally appertained to as dry land, is the solid face of Earth that isn’t permanently covered by water. The vast maturity of mortal exertion throughout history has passed in land areas that support husbandry, niche and natural coffers. Some life forms( including terrestial shops and terrestial beast have developed from precursor species that lived in bodies of water.

Land use actAn Act to Vest all Land compromised in the home of each State( except land vested in the Civil government or its agencies) solely in the Governor of the State, who would hold similar Land in trust for the people and would hereafter be responsible for allocation of land in all civic areas to individualities resident in the State and to associations for domestic, husbandry, marketable and other purposes while analogous powers will with respect tonon-urban areas are conferred on Original Governments.

PropertyProperty is that which belongs to or with commodity, whether as an trait or as a element of said thing. In the environment of this composition, property is one or further factors( rather than attributes), whether physical or ethereal of a person’s estate or so belonging to, as in being possessed by, a person or concertedly a group of people or a legal reality like a pot or indeed a society.

DevelopmentEconomic development is the process by which a nation improves the profitable, political, and social well- being of its people. The term has been used constantly by economists, politicians, and others in the 20th and 21st centuries. The conception, still, has been in actuality in the West for centuries. Modernization, Westernization and especially Industrialization are other terms people have used while agitating profitable development. profitable development has a direct relationship with the terrain and environmental issues.

Property development Property development includes a range of conditioning from the purchase of land, development of installations and structures to meet guests’ conditions. It also includes either the trade or parcel of the land of parcels on completion. inventors generally coordinate the conditioning converting plans, requirements and ideas into property.

Association Of The Study

This exploration work is organized in five chapters, for easy understanding, as follows Chapter one is concern with the preface, which correspond of the( overview, of the study), statement of problem, objects of the study, exploration question, significance or the study, exploration methodology, description of terms and literal background of the study. Chapter two punctuate the theoretical frame on which the study is grounded, therefore the review of affiliated literature. Chapter three deals on the exploration design and methodology espoused in the study. Chapter four concentrate on the data collection and analysis and donation of finding. Chapter five gives summary, conclusion, and recommendations made of the study.