Effect of land use decree of 1978 on property ownership (a case study of abia north l.g.a)

Description

ABSTRACT

The land use decree is one of the most fundamental measure introduce by the military administration in the country. This land use decree came into effect on 29^th March 1978 by general I.T Obasanjo during military regime. The land use decree not only abolished all land tenural arrangement in both the northern and southern part of the country but also, introduce a system of land tenure which is completely alien to the southern part of the country. This project will comment on the effect of land use decree on property ownership with, Aba north L .G.A as a case study. This research work will also examine the problem of land use decree, advantage and disadvantages and proffer possible solution to solve the problem of land use act 1978.

TABLE OF CONTENT

Title page–  – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – i

Approval page- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -ii

Dedication — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -iii

Acknowledgment- – – — – – – – – – – – – – – – – – – – – – – – – – – – – iv

Abstract- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -v

Table of Content- – – — – – – – – – – – – – – – – – – – – – – – – – – – -vii

 Chapter one

• Introduction- – – — – – – – – – – – – – – – – – – – – – – – – – – -1-2
  • Background of the Study- – — – – – – – – – – – – – – – – – – – -3
  • Statement of the Problem – – — – – – – – – – – – – – – – – – – – 4
  • Aims and Objectives of the Study – – – – – – – – – – – – – – 4-5
  • The Scope of the Study- – – – – – – – – – – – – – – – – – – – – – 5
  • Limitation of the Study- – – – – – – – – – — – – – – – – – – – -5-6
  • Hypothesis – – – – – – – – –  – – – – – – – – – – – – – – – – – – – – 6
  • General Land Use – – – – – – – – – – – – – – – – – – – – – – – – -6-7

Chapter two

• Literature Review- – – – – – – – – – – – – – — – – – – – – – – – – 8
  • Property ownership before the land use degree/ Act 1978–9

2.1Property ownership under land use Act- – – – – – – — – -9-10

• Concurrent Ownership – – – – — – – – – – – – – – – – – – – 11- 12
• the effect of land use degree on property ownership- – 12-16
• Statutory of right of Occupancy- – – – – – – — – – – – – -16-18
• Customary right of Occupancy- – – – – – – – – – – – – – – 18-19

Chapter three

• Introduction – – – – – – – – – – – – – – – – – – – – – – – – – – – – -20
  • Research Design – – – – – – –  – – – – – – – – – – – – – – – -20-21
  • Sample size and sampling Procedure- – – – – – – – – – – – 21
  • Instrument use for data Collection – – – – – – – – – – – – — 21

3.3.1 Questionnaire- – – – – – – – – – – – – – – – – – – – – – – – – – – 22

3.4   sources of data Collection- – –  – – – – – – – – – – – – – – – – – 22

3.4.1 primary data-  – – – – – – – – – – – – – – – – – – – – – – – – – – -22

3.4.2 Secondary source of data- –  – – – – – – – –  – – – – – – – – – 23

3.5 Methods of data Analyzing- –  – – – – – – – – – – – – – – – – – – 23

Chapter four

• Data presentation analysis and interpretation- — – – – -24-31
  • interest existing in southern Nigeria under customary land law- – – – – – – – – – – – – – – – – – – – – – – – – – – – – — – – – — 32-33
  • Land ownership system in the Northern- – – – – – — – -34-35

Chapter Five

• Summary of finding and recommendation, conclusion and reference– – – – – – – – – – – – – – – – – – – – – – – – – – — 36-40
  • Summary of Finding- – – – – – – – – – – – – – – – – – – – – -36-37
  • Recommendation- – – – – – – – – – – – – – – – – – – – – — 37-38
  • Conclusion- – – – – – – – – – – – – – – – – – – – – – – — – – – – -39

Reference- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 40

Appendix- – – –  – – – – – – – – – – – – – – – – – – – – – – – – – – – – -41

CHAPTER ONE

• INTRODUCTION

Land use act is an act to vest all the land comprised in the territory of each state (except land vested in federal government or it agencies)  sourly in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individual resident in the state, and to organization for residential, agricultural, commercial and other purpose, similar power with respect to non-urban areas are carried on local government (land use act 1978).

The land use act of 1970 is made up of eight point of fifty one section. It address four important issue arising from the format  land tenure system in Nigeria the question of access to land right by Nigeria on equal legal basis, and the issue of fragmentation of rural lands arising from either the application of traditional principle of inheritance  population growth and the consequent pressure on land. It approached theseissue via three related strategies, the vesting of proprietary right in the state the granting of occupation right in land to individuals, and use of an administrative of right in land (Uchendu 1979).

This project work will enlighten the reader more on how land use act of 1978 otherwise known as degree ND 19 of 1978 came into effect being and how it wipe out the pre-colonial day of land tenure system. The aim and objective of the act are not left out either it will also cover a general review of the concept d new easier it is for individual and government to acquire land. Under the act for development the nature certificate of occupancy and how people are compensate by government.

A proper review of the act in Aba North L.G.A, the act has not been able to obtain it aim and objective in Aba North due to same numerous problem obstructing the effectiveness of the act.

1.1 BACKGROUND OF THE STUDY

The background of the study is (Aba North) is mainly based on the origin and brief history of Aba area.  Aba is a city and a big trading center, upon the creation of Aba State in 1991, Aba was divided into two local government area namely aba North and Aba south. In 1901 it lies along the west of the Aba River and is at the intersection of Road leading to port-Harcourt. Owerri, umuahia, ikot abasi and ikot ekpene. The city become a collective point for agricultural project, it is a major urban settlement my small villages and towns. Aba is surrounded by oil well which separates it from the city of port-Harcourt a 30 kilometer (19m) pipeline power, aba with the gas from Imo river natural gas repository. Its major economy distribution are textile, plastics, cement and cosmetic which made the American international market to become the biggest market in south-east in 1901. The British founded the military post and in 1915 a rail road was constructed to link it to port-Harcourt which transported agriculture such as  palm oil and palm kernels. By 1930s, aba was becoming a large urban community with as establish industrial complex

1.2 STATEMENT OF THE PROBLEMS

Some of these identified problems of effect of land use degree on property ownership in Aba North L.G.A are as follows:

• Lack of compensation for the property owners.
• Lack of land registration and less land for property development.
• Lack of uniformly in the law governing land use Act and ownership.
• Low rent payment to the landlord by the tenant.
• The issue of uncontrolled speculation in urban land.

1.3 AIMS AND OBJECTIVES

The aim and object is to examine the relevant section and provision of land use Act of 1978 as it effect property ownership and compensation made by the government, the objective of this research work include the following:

• To examine the age long controverter resulting from the enactment of the degree in the study area.
• Ti analysis the prospect of management and ownership of land in Aba North.
• To proffer solution and make adequate recommendation and amendment to the effect.

I.4 SCOPE OF THE STUDY

This research work deals mainly with government both state and local government economist and members of the public at large to process or acquiring land for the development in the area studied Aba North, and the effect of land use Act on the property ownership of public and private developers.

1.5 THE LIMITATION OF THE STUDY

Write in the cost of this research work, the research was faced with a number of problems such as financial restrict hindrance uncooperative attitude of the inhabitant in the studied area and the limitation period for completion of the research work.

1.6 HYPOTHESIS

The following hypothesis was formulated:

• The compensation by the government on the compulsory acquired property are not adequate.
• The compensation by the government on the compulsory acquired property are adequate.

1.7 GENERAL LAND USE

1) RESIDENTIAL LAND USE- This include all landed property use for housing or as dwelling be it large or average plot, this can be subdivided into specific area such as flat, bungalow, duplex.

2) INDUSTRIAL LAND USE- This is a place where productivity and manufacturing activities takes place and they include heavy and light industries, factories.

3) COMMERCIAL LAND USE – This is type of land use in a place allocated for commercial building, office and shape that is central business district.

4) AGRICULTURAL LAND USE- This type of land is use for farming and cultivation the include, farm crop land, Timber, pasture and grass land because of their contribution of agricultural production.

CHAPTER TWO

LITERATURE REVIEW

• PROPERTY OWNERSHIP BEFORE THE LAND USE DECREE 1 ACT 1978

The term property ownership when talking  about the implementation of the land use decree refer to the exclusive possession of land and landed property to an individual or beneficiary, these right attached to land and property.

Property ownership under land use decree are as follows

1. Study and analyses all the implication of a uniform land policy for the country.
2. Examine step necessary for controlling future land use and also opening and development new land for needs of government and Nigerians growing population in both urban and rural areas.
3. Undertake an in-depth study of the various land tenure land use and land use and land conservation practice in the country and recommend steps to be taken to streaming them.
4. Examine the feasibility of a uniform land policy for the entire country make necessary recommendation and purpose guideline for the country.

2.1 PROPERTY OWNERSHIP UNER LAND USE ACT

A signification of element of land use act is a drastic change on customary system of land ownership to an entirely new concept…