Impact Of Land Use Act On Property Development In Nigeria

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SYNOPSIS

The land use decree otherwise known as decree No 6, 1978(Land use Act) is one of the most controversial statues passed during the first is years (1966-1979) of the military rule in Nigerian. It abolished fee simple interest (freehold and made every land owner a tenant of the Government by vesting all the land mass in any state (except land already acquired by the Federal government) in the government of the state to hold in trust and for the use of all Nigerian. It reduced indirectly the largest interest anybody can hold in land to 99years lease, thereby converting all the fee simple interest to a term of not more than 99 years.

For the purpose of this study (project) the objectives of the land use Act of 1978 will be critically considered, the impact of the land use Act on property development in Ilorin, Kwara state will be examined.

Also, the conflicts in the Land use Act, the problems for the past years will be looked into and the possible solutions to the problems in the nearest future will be suggested.

Table of content

Title page

Certification

Dedication

Acknowledgement

Chapter 0ne

1.0   introduction

1.1   statement of the problem

1.2   aim and objectives of the study

1.3   significance of the study

1.4   scope of the study

1.5   limitation of the study

1.6   study area

1.7   definition of terms

Chapter two

2.0   literature review/conceptual/theoretical framework

2.1   land tenure system

2.2   system of ownership prior to land use act 1978

2.3   land use act of 1978

2.4   objectives of the land use act of 1978

2.5   property development

2.6   property development process

2.7   the rationale of development

2.8   the nature of development

2.9   development in the private and public sectors

2.10 functions of the developer

2.11 the role of estate surveyors and valuers in property development process

2.12 professionals involved in property development process

2.13 the timing of redevelopments

Chapter three

3.0   research methodology

3.1   the research design

3.2   data types and sources

3.3   instrumentation for data collection

3.4   sample frame, sample size, sampling procedure sources

3.5   methods of data collection

3.6   methods of data analysis

Chapter four:            

Impact of land use act of 1978 on property development in ilorin

4.1   access to land

4.2   provision of infrastructural facilities

4.3   availability of government development

4.4.  Restriction of land ownership

4.5   security of tenure and reduction in fraudulent land transaction

4.7   constraints of land use act of 1978 to property development in ilorin.

Chapter five

5.1   summary

5.2   recommendation

5.3   conclusion

Bibliography

Appendix

CHAPTER ONE

1.0   INTRODUCTION

Development has a very wide meaning, among Architects, Engineers and surveyors, it generally means the process of carrying out construction works which are associated with a change in use of land or of land with its buildings or with a change in the intensity of the use of land or with the re-establishment of an existing use, such works would include the alternation of roads and drains, the building of river wall or even the layout of a plain field.

In the same vain, development has been defined by statue; the best know being the town planning laws in Europe, America and Africa. The most celebrated of them all, the British town and country planning Act 1947 has defined development in section 12(2) as the carrying out of building, engineering mining and other operations in, on, over or under land or the making of any material change in the use of any buildings or other land.

There are many kinds of developers; however they can all be broadly classified under two main groups i.e. private and public developers. Public defers to those developers who are part of the government. Example Federal Government, states and local government agencies. Nigeria ports Plc, power Holding company Nigeria and others. Amongst the private developers are private individuals, insurance companies, Banks joint stock companies’ e.t.c

In this country, even though the property development industry is still largely under developed or rather uncoordinated, there are some companies like HFP or individuals like Alhaji Rasaki A. Okoya in Lagos that have been involved in large scale property development mainly in and around Lagos.

However, most of the large scale commercial developments are still undertaken by Banks, Insurance companies and so on. These developments are big and large for their use and sub-letting only if there are surplus lettable spaces. The Federal and state governments also embark on property development through the National Housing Programme and State Housing Corporations respectively. These are mainly in the areas of residential accommodation.

It is still rare to find property developers in Nigeria compared to U.K (United Kingdom) and U.S.A (United State of America) putting up gigantic office blocks or, shopping centers and on completion, setting them off for profit. This is because of the difficulties of raising substantial capital from the money or capital market, lack of local manpower with the necessary expertise to undertake such developments or persons with large hearts to take such bold decision interwoven incalculable risk.

1.1   STATEMENT OF THE PROBLEM

Development/Re-development means adding capital to land resources to alter the natural state or form, changing the use of land, demolishing old structure and erect new ones. Property development contributes its own quota to the housing and economic development of the country and equally to serves as source of income to the investors.

There are some problems associated with property development such as non-availability of land for development, revolution of right on land and various land policies. All these and other things are examined in this study.

1.2 AIMS AND OBJECTIVES OF THE STUDY

The main aim of this study is to examine the impact of land use Act of 1978 on property development in Nigeria with particular reference to Ilorin, Kwara State.

In order to achieve this aim, the following objectives have been pursued.

1. To access the problems faced by the property development in Ilorin
2. To examine critically the objectives of the land use Act of 1978.

iii.   Impact of the land use Act of 1978 on acquisition of land for investment purpose.

1. To access the problems of the land use act of 1978 for the past years.

1.3   SIGNIFICANCE OF THE STUDY

The research is to examine how land use Act of 1978 affects property development and to find solutions to the problems arising as a result of this.

It is also useful for Estate Surveyors and valuers to know the effective performance of their roles can help to reduce or totally eradicate the problems associated with the land use of 1978 as it affects developments.

The research will also enlighten people on the need for property land use.

1.4   SCOPE OF THE STUDY

This study will focus attention on the examination of land use Act of 1978 and property development in Nigerian with special reference to Ilorin Kwara State.

1.5   LIMITATION OF THE STUDY

 The research was conducted in an area that is free of environmental limitation. But the problem encountered as a researcher was lack of private developers in Ilorin for collection of data and touching private development and time. The limited the extent could have been conducted.

1.6   STUDY AREA

Ilorin is the capital of Kwara state of Nigeria Ilorin was founded by a hunter called Ojo-Isekuse who migrated from Gambian. His descendants live up till today in a village called Gambia in Ikporin. He was later followed by Emila (Ela). According to local history, the name Ilorin was derived from an important stone use for sharpening knives and cutlasses. The stone can be found today outside a compound called “Ile Bamidele”.

Emila (Ela) who was followed by a Kanuri man called Solagberu and settled at Okesuna at the outskirt of Ilorin town was later joined by Olufade a cow rearer, who migrated to Ilorin from Iresa in the western state. Then came Afonja from Old Oyo (Oyo Ile). These were followed by Alfa Alimi (Shehu Alimi) Sarkin Gobir, and a host of others settling in Ilorin.

It was the first of Shehu Alimi called Abdulsalam who became the first Emir of Ilorin and later succeed by his brother Malam Shitta, Ilorin was an area of 4,164 square rules miles and a population of over 300,000.

PEOPLE: The inhabitants of Ilorin are Yoruba, Nupe, Fulani and Hausa.

ECONOMIC ACTIVITIES: These include farming, petty trading, cloth weaving (Aso-Oke) and pot making. Others include carpentry work, tailoring, bricklaying e.t.c.

INDUSTRIAL ESTABLISHMENTS: The industries in Ilorin includes Global Soap and Detergent, Coca-Cola, 7up Bottling Company, International Tobacco Company e.t.c. Ilorin is an essential cattle route of the south of the country. Ilorin is a large, sprawling, native town.

TRADE AND COMMERCE: It is a nodal centre of trade because of its geographical position. The North to South railway line and the truck a road linking the southern states pass through Ilorin. Dry seasonal and other feeder roads connecting Ilorin with the other towns in kwara state are properly maintained, Ilorin is an essential cattle route to the south of the country.

FESTIVALS: Because the greater numbers of people are Muslims, the important festivals are those associated with Islamic religion. These includes Id-el-Fitri (lesser Beirain), Id-el-Kabir (Bigger Beirams). Maolud Nabiyy (The birth of the Prophet Mohammed).

COMMUNICATION: Ilorin is well-served with modern communication facilities and postal facilities.

INSTITUTION: Ilorin town has many primary and post primary institutions and four (4) higher institutions such as Kwara State Polytechnic, Kwara State University, popularly known as Kwasu, University of Ilorin and Kwara State College of Education all in Ilorin.

1.7   DEFINITION OF TERMS

PROPERTY: This is an investment for which the owner expects at least reasonable return.

DEVELOPMENT: Development has been defined by statues; the best known the town planning laws in Europe, America and Africa. The most celebrated of the , all, the British town and country planning Act 1947 has defined development in 12 (2) as “The carrying out of building, Engineering, Mining and other operations in, on, over or under land or the making of any material change in the use of any buildings in other land”.

PROPERTY DEVELOPMENT: Property development has a wide meaning, among Architects, Engineers and surveyors; it generally means the process of carrying out construction works which are associated with a change in use of land or with the re-establishment of an existing use. Such works would include the alteration, erection or re-erection of building as well as the construction of roads and drains, the building of river wall or even the layout of a plain field.

DEVELOPERS: The developer is the prime mover in property market. He provides and supplies the property into the market by developing or acquiring them. He provides and sources the funds for the construction, purchase, or development of estate. The developer is principally an investor and a speculator and he goes into the property business with the principal aim and objectives of making profit.

PROPERTY MARKET: Property is an investment market that deals with the right and interest in land and buildings.

CERTIFICATION OF OCCUPANCY: It is the document issued in evidence of a statutory right of occupancy by the military administrator of a state and is obligatory only in relation to land in urban areas.

DEVELOPED LAND: A developed land means a land on which there exist any physical improvements in the nature of infrastructural development like road, water, electricity, drainage, building, well, fencing e.t.c.

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