Nigerias land use act, promulgated in 1978, is perhaps the most. Land use act chapter l5 laws of the federation of nigeria 2004 arrangement of sections part i general. Part ii of this document contains the principles of land tenure including the exclusive right of occupiers whereas part iii contains. It was provided during the military regime in nigeria. L5, laws of the federation of nigeria 2004 the lua governs the ownership and use of, as well as the general administration of land, in nigeria. That in spite of the incursion of the act in the land tenure system of nigeria, customary law still dominates and. Arrangement of sections part i 2004 laws of nigeria. The land use act and land ownership debate in nigeria. Doing business doing business r law firm in lagos, nigeria. To address the pitfalls and many of the challenges associated with the land use act of 1978, it has been argued that the country needs a land adjudication act laa that would allow rights to be. The basic legal framework for the acquisition of land in nigeria is the land use act, laws of the federation of nigeria 1990. Introduction the of concept of ownership has, over the years, dominated legal theory just as other concepts such as the concept of law, morality, justice, right, duties, legal personality and so many others. In order to achieve this aim, the following objectives have been pursued. An act to establish the nigerian ports authority with the functions of providing and operating necessary facilities in ports and maintaining, improving and regulating the use of the ports.
Housing delivery system, need and demand springerlink. The effects of land use act on sustainable housing. Pdf the land use act and land ownership debate in nigeria. Land tenure law, cap 59, laws of northern nigeria 1963. The land use act of 1978 is made up of eight parts of fiftyone sections. Land reform commission which, it is hoped, will soon take over from the committee. What the act grants an holder of land be it an urban or nonurban land in nigeria is just a mere right to use the land for a predetermined periodterm 99years after which such land will automatically revert back to the. By the 1970s these contradictions became so serious that they threatened to become a clog on the growth of the capitalist economy. Whilst section 1 of the lua vests all land within the urban territory of each state with the exception of. Aims and objectives of the study the main purpose of this research work is aimed at analyzing the effects of land use act of 1978. The situation precedent to the land use act of 1978 at the beginning of the 20th century when britain made a colony and protectorate of nigeria, there was a multiplicity of land tenure systems in the country. Land use act chapter l5 laws of the federation of nigeria.
It seems, however, that nationalization of land in nigeria is one sui generis, and furthers the preservation of existing interests. Provision as to sale of an annuity or right not before in existence. Duty payable n certan cases under an act on vestnig of property 63. Lawpavilion electronic law report lpelr samuel ononuju. Pdf the goal of this paper was to conduct a critical evaluation of the nigerian land use act 1978 in relations to land. Pdf land use act chapter l5 laws of the federation of. The land tenure law of northern nigeria of 1962 stipulated that the minister responsible for land matter controls, holds and allocates land unoccupied or occupied native lands to natives of northern nigeria. Policies and laws land use decree act 197818 this act vests all land in the state through the office of the military governor of each state. Understanding the land use act and how it affects you. Land use act chapter l5 laws of the federation of nigeria 2004 an act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would.
Special focus land use in nigeria prior to the land use decree of 1978, the nigerian land tenure system had become the object of intense attack and defence by vested interests promoting their views on changes in the tenure system which would best increase food and fibre production. The land use act of 2004 is made up of eight parts of fiftyone sections. Right of occupancy is a right to use and occupy land in accordance with the provisions of the land use act. The indigenous land tenure and nationalization of land in. Land use act chapter l5 laws of the federation of nigeria 2004. An act to provide for the construction and interpretation of acts of the national assembly and certain other instruments. The land is held in trust and administered through the governments authority to the use and benefit of all.
The land use act introduced the right of occupancy system in nigeria. Ownership and use of land in nigeria chapter one introduction meaning of land at common law generally, there are various definitions by different scholars as regards the meaning of land at common law. Chapter 338 laws of the federation of nigeria 1990. It addresses four important issues arising from the former land tenure systems in nigeria. The land use act, 1978, is a product of the inherent contradictions of the colonial and neocolonial dependent, pseudocapitalist economic structures established in nigeria since colonial times. This factsheet explains how land is secured in nigeria and the rules. This law also creates the authorities such as the land use and allocation committee and the land allocation advisory committee to efficiently control and manage land in nigeria. Nigerias land use act from 1978 abolished all existing freehold systems. Where interest in land transferred by sale and possession without a conveyance. An act to make provision for licences to be granted for the establishment and maintenance of pipelines incidental and supplementary to oilfields and oil mining and for purposes ancillary to such pipelines.
The land use act being a federal stature established a uniform land ownership structure throughout nigeria. A major short coming has been with ownership rights under the land use act 1978, which confers ownership of all land to the governors of each state and is a substantial deterrent to housing and housing investment in nigeria. In the states in the former southern nigeria, the new structure as it concerns the maximal ownership title, represent a major departure from the pre. This act vests all land comprised in the territory of each state except land vested in the federal government or its agencies solely. The lsg also extended the period for the payment of all annual land use charge luc demand notices for 2018, to saturday, april 14 th, 2018. Land use act, land rights, militarism, trust, nigeria. The importance, how to, effect causes relationship, comparison, history, role, solutions are discussed. The president olusegun obasanjo is the main person who is responsible for the implementing the act into the body of the constitution of the federal republic of nigeria. Acquiring land in nigeria is tough and one of the biggest challenges stems from the activities of land grabbers, scam agents and the sheer number of professionals needed to legitimately and successfully acquire one.
Download undergraduate projects topics and materials accounting, economics, education. Laws of the federation of nigeria 1990 an act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the. Land tenure law of northern nigeria of 1962 and land use act of 1978. The land use act has allowed the government and oil companies to obtain land for economic development, which was one of the key objectives of the act. Get free research paper on the effect of land use act on sustainable housing development in delta state our project topics and materials are suitable for students in nigeria with case studies in pdf, doc. The latter is to enable property owners and affected occupiers take the option of enjoying the discounts available for the prompt and early payment of luc invoices. The effect of land use act on sustainable housing development in nigeria, largest undergraduate projects repository, research works and materials. This act is to provide for development, planning, administration principles, standards, requirement guidelines and a framework for administering and managing urban and regional planning in nigeria.
The land use act and the state of nigerian land law. An important enactment that changes the land tenure system in nigeria is the land use act of 1978, which to a certain extent remedies the disparities in relation to land between the land. Our concern is not really another criticism against the act but. The land use charge luc is a consolidation of all property and land based rates and charges over a land. Right of occupancy is completely different from ownership of land known under both customary and common laws which exists before the promulgation of the land use act.
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