EFFECT OF LAND TENURE SYSTEM ON LAND DEVELOPMENT IN BAUCHI METROPOLIS

EFFECT OF LAND TENURE SYSTEM ON LAND DEVELOPMENT IN BAUCHI METROPOLIS

CHAPTER ONE

INTRODUCTION

1.1     BACKGROUND OF THE STUDY

Land is an important resource and one of the key factors of production. It is fundamental in the development of human shelter, agricultural production and economic activities and is a key basis for poverty alleviation and achievement of human rights (UN-Habitat, 2008). It is construed that no development can be effective without land. Thus, land without dimension of tenure is meaningless concept. So, in using the expression land tenure systems, it is usually concerned with the legislation that provides the right to use of land in both urban and rural areas of Nigeria. The right includes the rights of occupation and development, alienation and many privileges associated with land.

Development pressures on land have however been increasing as a result of rapid population growth and economic development. This pressure is especially high in urban areas which have high population concentrations because of the key role they play as centres for economic production and consumption (Cohen, 2006). Projections made by the UN-World Urbanization Prospectus (2008) indicate a doubling of the world population by 2050, with an anticipated population increase from 3.3 billion people in 2007 to 6.4 billion people in 2050. Majority of this growth is expected to take place in urban area in developing countries whose population was projected to increase from 2.4 billion people in 2007 to 5.3 billion in 2050. The UN-Habitat (2008) projected a tripling of urban built-up areas in developing countries from 200,000 Sq Km to 600,000 Sq Km by 2030. This rapid growth has exceeded capacities of most cities in developing nations to plan for the increased populations. Cities are thus characterised by poor access to shelter, tenure insecurity, overcrowding and environmental health problems (Cohen, 2006).

Access to land precedes development. Access to land is governed through land tenure systems which are “rules invented by societies that define how individuals and groups access rights to use, control or transfer land and the associated responsibilities and restraints” (FAO, 2002b, p. 7). Though land tenure is an instrument for facilitating access to land it has a direct effect on development which arises out of perception of security of intended investments on Load by occupants (Olima & Obala, 1998). This view is supported by Lall, Freire, Yuen, Rajack and Helluim (2009, p. 102) who argue that “the nature and content of land rights, the extent to which have confidence that land rights will be honored and the various degrees of recognition of these rights by public authorities and concerned communities have direct Impact on how land is used”.

Systems of administering land rights in many developing nations have proofed ineffective in providing efficient means through which growing urban populations can legally access land resulting in informal settlements (Sliuzas, 2004). Though illegal tenure results in informality, studies have shown that it is not the only cause of informal development. Farvacque and McAuslan (1992, P. 39) highlighted “shades of informality” ranging from “defective tenure conveyed by an original landowner to a subdivider, defective tenure conveyed from a subdivided to a purchaser, establishment of subdivision in an area in which it is not a permitted land use, failure of a subdivider to follow applicable subdivision regulations and failure of land purchasers to follow building and occupancy codes when putting up buildings on their land”. Postiou and loannidis (2006) in their study on informal settlements in Greece grouped this range of informality in to three categories; informal developments occurring as a result of unauthorized occupation of land, informality occurring as a result of unauthorized subdivision on legally owned land and informality occurring as a result of buildings put up in contravenuon to planning regulations. The above findings indicate the need for an assessment of informal developments that goes beyond the process of accessing land to include the processes of subdividing and developing land.

Land access, land subdivision and land development processes are however implemented by actors. Thus research will therefore examine the roles, interests, strategies and interactions of actors in land access, land subdivision and land development processes under different land tenure systems to assess their effects on urban land developments in Bauchi Metropolis.

1.2     STATEMENT OF THE PROBLEM

Research done on land developments in Nigeria shows there is a link between land tenure and physical and spatial characteristics of land developments. A major problem that has not yet been addressed, but is attributed to land conflicts in Nigeria, is the flexibility and the lack of written agreements under the Customary Law of Tenure systems. This lack is believed to create the potential for wrong interpretations of responsibilities and specifications. Another major concern under the CLT system is that ownership can be claimed from “long use and association” with communal land. Unfortunately, tree planting, which is the main component of all of the forest carbon or reforestation projects, is considered to be one of the acts that can guarantee “long use and association” with a piece of land. As a result, tenant and sub-tenant farmers are often discouraged by land owners from planting trees or have no incentive to do so since they may not be beneficiaries of the planted trees (Appiah, 2001).  With increasing population in the urban and rural fringe communities, the need for a secured and productive land for agriculture and other ecosystem goods and services has become an issue of concern for local communities Worldwide. Because without a secured tenure there are no prospects for successfully involving urban area and rural communities to engage in sustainable land development. Consequently land tenure systems in this study area have become necessary to look at its effect on land development in Bauchi Metropolis.

1.3     AIM AND OBJECTIVES OF THE STUDY

The aim of this study is to examine the effect land tenure system on land development in Bauchi Metropolis.

To achieve this aim, the following specific objectives shall be pursued:

1. To determining the characteristics of land tenure system in Nigeria
2. To examine the roles and challenges of actors in the land development processes under different land tenure systems in Bauchi metropolis
3. To evaluate the effects of land tenure systems on land development in the study area
4. To propose measures which can be taken to improve land and property development processes under the land tenure system in Bauchi metropolis.

1.4     RESEARCH QUESTIONS

1. What are the prevailing land tenure systems in Nigeria and Bauchi metropolis in particular?
2. What is the role and challenges of actors in the land development process under different land tenure systems in Bauchi metropolis?
3. What are the effects of land tenure system on land development in the study area?
4. What are the measures which can be undertaken to improve land and property development processes under the land tenure system in Bauchi metropolis?  

1.5     SIGNIFICANCE OF THE STUDY

Successful land / property development is tied to the ownership of land in both rural and urban centers in Nigeria, the study is an attempt to examine the effect of Land Tenure systems on land development in Bauchi metropolis

The result of this research therefore will serve as a guide to Nigeria government at both local, state and federal level and the policy makers on the implication and effect of the current land tenure system on land development therefore giving the chance to  make favorable policies and programmes that will enhance sustainable land development in Nigeria at all level.

The findings of this research will also contribute to the wealth of knowledge thereby serves as a reference material to researchers and students who are interested in researching further on the subject matter.

1.6     SCOPE AND LIMITATION OF THE STUDY

The scope of this study is limited to the effect of land tenure system on land development in Nigeria. The study will be limited to the forms of land tenure systems in Nigeria and its effects on land development with particular interest in Bauchi.

Limitations

In the course of carrying out this research work, several challenges were encountered. Some of these challenges are:

1. Administering and gathering of questionnaires in real estate development firms was not an easy feat.
   1. The entire project was very capital intensive, gathering information on sources of project financing.
   1. Organizations are not ready and willing to review the source or sources of their project financing.

1.7     ORGANIZATION OF THE THESIS

This study is organized into five chapters. Chapter one, gives readers the historical background of the study, statement of the research problem, the general and specific objectives of the study, the significance of the study, scope and limitation and the organization of the study. Chapter two (2) focuses on the Conceptual Framework of the study. Chapter three introduces the methodology used in the study. It discusses the materials and methods for this study. Chapter four presents the results and the Chapter five the discussions on the study findings including conclusions and recommendations of the study.

1.8     DEFINITION OF TERMS

Land: Land, sometimes referred to as dry land, is the solid surface of Earth that is not permanently covered by water. The vast majority of human activity throughout history has occurred in land areas that support agriculture, habitat, and various natural resources. Some life forms (including terrestrial plants and terrestrial animals) have developed from predecessor species that lived in bodies of water.

Land tenure: Land tenure is an institution, i.e., rules invented by societies to regulate behaviour. 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.

Land Mass: Land mass” refers to the total surface area of the land of a geographical region or country (which may include discontinuous pieces of land such as islands). It is written as two words to distinguish it from the usage “landmass”, the contiguous area of land surrounded by ocean.

Land subdivision: Land subdivision is understood as a process encompassing both the partitioning of land in to smaller parcels and the alteration of boundaries to amalgamate small pieces of land in to one (Wickramasunya, Chishoim, Puotinen, Gill, & Klepeis, 2011).

Land development: Land development is viewed as the process of putting up of buildings on land for various uses. Land and property development defined as a complex multi-disciplinary activity comprised of several processes and stages implemented by various actors through which built environments are produced (Williamson et al., 2009).

Urban development: Urban development is a broad term that covers activities ranging from creation of extensive urban areas to simply putting up new buildings or making extensions to existing buildings (Williamson et al., 2009).

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