Examination of Land Degree No. 6 of March, 1978

Examination of Land Degree No. 6 of March, 1978

CHAPTER ONE

1.0     INTRODUCTION

1.1     BACKGROUND OF THE STUDY

Prior to the advent of the land use Decree No. 6 of 1978, every community in Nigeria had its rules and regulation guiding the acquisition and use of land and landed properties, which were referred to as customary land laws.

These laws were working as expected and satisfied the aspiration of the members of the various communities which they were applied based on the prevailing situation as at them.

The customary land law was absolutely indigenous, economical as well as been culturally, politically, socially satisfactory and accepted both morally and religiously in the various context it operated. It was purely customary and free from external (foreign) influence, value and judgement.

However, there were different land tenure practices in the northern and southern parts of Nigeria.

Despite the variation in the land tenure system of the northern and southern parts of Nigeria, it was generally believed that land is a free gift of nature of which no one did anything to bring it into being and as such, it was held that land belong to everybody, which could be held by a community, family or an individual.

Land administration under the customary land tenure system was based on the principles of corporate management where the head man, chief or traditional ruler of the community or family exercises the power of control and management of the land on behalf of the members of such family or community and allocate portion(s) in constitution with elders of the family or community.

There were three principal ways of acquiring land then, which were; by waging war against the original occupiers (survival of the fittest); peaceful settlement; and by cultivating the land. A stranger (i.e. one who is not part of the community by kinship) is not entitled to any part of the community or family land unless with the consent of the heads of the community or family (which could be allocated by sale, payment of tribute or free as the community or family may decide). This system of land administration made it difficult for both government and private individuals to acquire land for development and in some cases where possible, compensation demanded was too high to make the intended project viable, similarly, the dynamic economic system coupled with increasing population, industrialization and mass influx of people to urban areas in search of amenities, caused pressure on urban land which led to high demand and scarcity, thus, land prices skyrocketed beyond the affordability of an average Nigerian.

These problems triggered the federal government to instigate the promulgation of the Land Use Act of 1978. The decree was promulgated to eradicate the problems associated with the administration of land in Nigeria which brought about a change presumably for the better in the manner in which land resources are held and used in Nigeria. Thus, being the essence of this research work to examine the sections of the decree responsible for these changes.

1.2     AIMS AND OBJECTIVES

The aim of this study is to examine the land degree No. 6 of March, 1978 as an instrument of land reform in Nigeria.

The objectives to achieve this aim include:

                         i.            Review of relevant literatures on the land use Act of 1978.

                       ii.            Analysis of the changes (reforms) of the Act as against the previous reforms.

                    iii.            Analysis of the problems and prospects of the land use Act in implementation.

                    iv.            Examining whether the land use Act serves as an instrument of land reform in Nigeria.

                       v.            Making appropriate recommendations.

1.3     METHODOLOGY

This method of acquiring information has been classified as secondary method because reference was made to pass through research work text book for the literature review, journals and seminal papers on land use decree use Act of 1978.

1.4     SIGNIFICANCE OF STUDY

This study is very significant as it forms part of the prerequisite to be fulfilled for the award of Higher National Diploma in Estate Management. It is also to attract the attention of both Real Estate and other related professionals to the operations of the land use Act in order to instigate moves for amendment where necessary for the betterment of Nigerians; and also to serve as a reference to students and interested professionals carrying out further research in the area it covers.

1.5     SCOPE AND LIMITATIONS

The study shall focus on the land use Act No. 6 of March, 1978 as an instrument of land reform in Nigeria. However, it is worth of note that a research work of this nature is subject to problem like; insufficient information, time constraint and poor response from some aspects of primary source of data, thus, making the research work unavoidably limited.

CHAPTER TWO

2.0     LITERATURE REVIEW

2.1     CONCEPTS OF LAND

Land has various definitions depending on the context in which it is viewed. The meaning given to land is usually determined by the field of specialization defining it with respect to its interest.

The layman will define land as the topmost layer of the earth surface (soil) on which he walks, build, plant and carryout all sorts of physical activities.

To the economist, particularly the socialist school, land is a prime factor of production upon which other factors of production are applied to create wealth.

From the legal point of view, land is regarded as any portion of the earth surface over which ownership right can be exercised. These rights are not just confined to the surface area but also relate to things permanently attached to the land. This definition of land is in consonance with the legal maxim “quic quid plantatur solo solo cedit” meaning “what is affixed to the land belongs to the land”.

From the perspective of Estate Management, land is referred to as the sum total or natural and manmade resources over which possession of the earth surface gives control. It includes the earth surface, subsoil, the air space above it as well as things permanently attached to it.

2.2     CHARACTERISTICS OF LAND

Land and landed properties have some unique characteristics that distinguish them from other types of investment, namely:

                               I.            Heterogeneity

                            II.            Durability

                         III.            Immobility

                        IV.            Decentralized market

                           V.            Indivisibility of supply

                        VI.             Indivisibility

                     VII.             Fixed in supply

HETEROGENEITY

No two parcels of land are the same. They may be similar in size, topography, picture, etc but will invariably differ in location.

DURABILITY

Land is indiscrete, thus, lasts for many years and appreciates in value as time goes on.

IMMORILITY

Land, unlike other commodities is fixed in location and cannot be moved from one location to the other except for some parts of it which can be fetched from one place to the other (e.g. sand, gravel, water etc) but the location from which they are fetched remains unchanged.

DECENTRALIZED MARKET

Property market, unlike market for other commodities is decentralized i.e. land and landed properties have no central market. Land is usually bought and sold through agents acting by being familiar with a particular locality.

INELASTICITY OF SUPPLY

This is one of the economic features of land. It connotes land’s difficulty to vary in supply. It is usually difficult for land to react to an increase or decrease in demand. Response to increasing demand is feasible but slow due to constraints like planning permission, finance, development delay etc. but response to decreasing demand is usually not feasible as it is not always viable to demolish or change land structure to meet such reduction.

INDIVISIBILITY

Land is not easily divisible into small units and each indivisible unit requires a large sum of money to be developed. This is unlike other investment media as a small investor is distracted by the large sum of money required for each unit of land.

FIXED IN SUPPLY

The fixity of land also distinguishes it from other forms of investment or commodities as its physical supply cannot be increased nor decreased.

          This is attributable to the impossibility to manufacture land.

---

REQUEST FOR PROJECT MATERIAL

Good Day Sir/Ma,

WARNINGS!

PLEASE make sure your project topic or related topic is found on this website and that you have preview the abstract or chapter one before making payment.

Thanks for your interest in the research topic. The complete research work will cost you N2000 and we will send the material to you within 24hours after confirming your payment.

Make the payment of N2000 into any of the account number below and we will send the complete material to you within 24hours after confirming your payment.

Account Name: Agada Leonard E
Account No: 2070537235
Bank: UBA

Or

Account Name: Agada Leonard E
Account No: 3049262877
Bank: First Bank

Or
Account Name: Agada Leonard
Account No: 0081241151
Bank: Diamond Bank

After payment, send the following information to us through this email
address: enemsly@gmail.com

Topic paid for:
Amount Paid:
Date of Payment:
Teller No or Transaction ID:
Name of Depositor:
Depositor Phone Number:
Email address:

NOTE: The material will be forwarded to the email address you provided
within 24hrs after confirmation of the payment.
Thanks.
Agada Leonard E.
For: Enems Project.

 For more information visit our contact page @ CONTACT US

---