ABSTRACT

Land Use Act is one of the series of legislations governing the use and control of land in Nigeria.  It is formally known as  Land Use Decree of 1978 but the Land Use Decree was changed to Land Use Act by the virtue of the 1979 Nigerian constitution.  The constitution was reformed in 1999 and permits the existence of the Land Use Act.

Property developments are those activities carried out on land, which bring about improvement on the land.  Property development goes beyond construction but also include renovation, demolition and reconstruction of a building.

The aim of this project is to examine the importance of Land Use Act to property  development in Nigeria.  It is also aimed at reviewing the land tenure system, implementation and limitations of the Land Use Act; reason for the promulgation of the Land Use Act and its operation since inception.

This project is divided into five chapters, the details of which are as follows:-

Chapter one discussed about the general introduction, aim and objective of the research, work, scope of study, limitation of study and the problems that are encounter while carrying out the project work.

Chapter two examined the introduction of the Land Use Act, the historical background, land tenure system in Nigeria before the Land Use Act, reason for the promulgation of the Act and the importance of the Land Use Act in property development.

Chapter three critically examined the research methodology, sources of information, sampling techniques and questionnaire distribution and collection.

Chapter four will cover data presentation and the analysis of relevant data.

Chapter five gave a summary of the entire research work, the conclusion, and recommendations.

TABLE OF CONTENTS

                                                                                Pages

Title page                                                                 i

Certification                                                             ii

Dedication                                                               iii

Acknowledgement                                                    iv

Table of content                                                       v

Synopsis

CHAPTER ONE

GENERAL INTRODUCTION

1.1              Introduction                                                 1

1.2              Statements of problems                               2

1.3              Aim and objectives                                       3

1.4              Scope of study                                             3

1.5              Significance of study                                    4

1.6              Limitations of study                                     4

1.7              Definitions of term                                       5

Reference                                                                 7

CHAPTER TWO

LITERATURE REVIEW                                             .

2.1              Introduction                                                 8

2.2              Historical background of Nigeria                  9

2.3                System of land holding before the Land Use Act       10

2.3.1        Evolution of land holding system in Nigeria  13

2.3.1.1  Tenure system in northern Nigeria                     

2.3.1.2  Tenure system in southern Nigeria

2.3.2        Acquisition of land under the land tenure system

2.3.3        Acquisition of land under the Land Use Act

2.4              Land Use Act

2.4.1        Historical background                                  17

2.4.2        Concept of Land Use Act                              20

2.4.3        Reason for the promulgation                        22

2.4.4            Importance of Land Use Act in property development    22

2.4.5        Advantages of Land Use Act                         24

2.4.6           Contribution of private sector in property development 25

2.4.7           Contribution of public sector in property development  26

CHAPTER THREE

RESEARCH METHODOLOGY

3.1              Restatement of research objective                27

3.2              Source of data                                              27

3.2.1        Primary source                                             28

3.2.2        Secondary source                                         28

3.3              Characteristics of the population study       28

3.4              Sampling techniques                                   28

3.4.1        Sampling Design                                          28

3.4.2        Sampling Procedure                                     28

3.4.3        Determination of Sampling size                   29

3.5              Questionnaire Administration                      29

3.5.1        Questionnaire Design                                  29

3.5.2        Questionnaire Distribution                          30

3.5.3        Collection of Responses                               30

3.6              Techniques for Data Analysis                       30

3.7              Limitations of Research Methodology           30

References                                                               32

CHAPTER FOUR

4.0              DATA PRESENTATION AND ANALYSIS                33

4.1       Introduction                                                         33

4.2              Data Analysis                                               33

CHAPTER FIVE

SUMMARY RECOMMENDATION AND CONCLUSION

5.1      Summary                                                                 45

5.2      Recommendation                                             45

5.3      Implementation                                                       46

5.4      Conclusion                                                      47

Bibliography                                                    48

Appendices                                     

CHAPTER ONE

GENERAL INTRODUCTION

1.1      INTRODUCTION

The Land Use Act which came into effect on March 29^th 1978, was formally known as Land Use Decree but was changed to Land Use Act by the virtue of 1979 constitution which was later reformed in 1999.  The Land Use Act vest all land comprised in the territory of each state (except land vested in the federal government or its agencies) solely into the hand of the state governor who hold such land in trust for the inhabitant of the state.

Right from the date of its inception, it was hoped that land would no longer be the exclusive reserve of the rich, but the masses of the country would also have access to land.  The intention was to streamline the acquisition and use of land.

After the promulgation of the Land Use Act, the state governor became the controller and owner of land.  Over 100 millions of Nigerian who have freehold interest (absolute interest) in land has been reduced to leasehold interest which has maximum of 99 years and renewable after the expiration of the existing tenure.

The announcement of the Land Use Act was greeted with ovation in many quarter and heralded as the only legislation which was going to transform Nigerian from under develop state to the height of a world economic power.

Since the promulgation of the Land Use Act, some people have been calling for its amendment while some have been calling for its cancellation.

1.2      STATEMENT OF PROBLEM

This topic has been chosen to highlight the importance of Land Use Act in property development.  This research work is to solve the problem of speculation in land holding and put an end of the problem of uneven distribution of land.

1.3      AIM AND OBJECTIVES

The aim of the study is to know the importance of Land Use Act in property development.  The Aim is expected to be achieved through the following objectives:

·                    To know if the Land Use Act is one of the prerequisite in property development.

·                    Examine if the Land Use Act is up to the standard for which it was established.

·                    Examine how effective is the Land Use Act in property development.

·                    Examine if the Land Use Act is applicable in the acquisition of land by an individual for development.

·                    Examine the problems that frustrate the Land Use Act.

1.4      SCOPE OF STUDY

The scope of this study covers the provision of the Land Use Act to property development in Nigeria.  The research work covers Nigeria as a whole as the case study and deals with the importance of the Land Use Act.

1.5      SIGNIFICANCE OF STUDY

The significance of this study centers on who are going to benefit from the research work.  The beneficiaries are the entire citizens of Nigeria.  It will enlighten the citizens on their right to land, how to utilize their right and widen their horizon concerning land and its development.

The research work will also serves as a reference and database for both upcoming student and estate surveyor and valuer.

1.6      LIMITATION OF STUDY

The limitation of study discussed about the problems that are encountered in the course of writing this project.  The limitations are:

Source of information:- The source of information deals with the non availability of sufficient data to back up the title work.

Cost of research and time constrain.

The refusal of estate surveyor and valuer to give some vital information concerning the research topic.

1.7      DEFINITION OF TERMS

LAND

This is the solid part of the earth which includes the subsoil, topsoil, airspace and the available resources.  A land does not include those things placed on the land but rather; those things that are permanently attached to the soil.

PROPERTY

Property is the right of enjoying, possessing and disposing off things or right to control economic goods. This right is not absolute because it is under the power of state.

DEVELOPMENT

Development is defined by Litchfield (1974) in relation to land as the process of carrying out constructional works which are associated with a change in the use of land or land with its building or with a re-establishment of an existing use.

PROPERTY DEVELOPMENT

This is the construction of land for man’s utilization.  It goes beyond construction but also include renovation, demolition and reconstruction of a building.

LAND USE ACT

This is the land reform, which governs the control and use of land in Nigeria.  It is a part of the Nigerian land reforms which serves as a guide to the administration and usage of land.