APPRAISING LAND ACCESSIBILITY UNDER THE LAND USE ACT
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APPRAISING LAND ACCESSIBILITY UNDER THE LAND USE ACT
ABSTRACT
The Land Use Act was used to evaluate land accessibility in this study. This research’s case study region was Lagos state, with special focus made to the following local government areas in the state: Lagos-Island local government, Apapa local government, Mushin Local Government, and Ikeja local government.
A total of 80 questionnaires were distributed, with 20 distributed to each local government, and 65 questionnaires were collected. The process for basic random selection is as follows: A list of 80 potential respondents’ in Lagos metropolis was drawn from the four (4) mentioned local government areas, which have knowledge about land accessibility.
A judgemental sampling technique was used to select the final sample for the study, i.e. dividing the population of a given area in the state into four (4) major local government areas. A simple random selection was used to determine the exact respondents who will make up the study’s above-average respondents.
The data analysis and interpretation were utilised to demonstrate how the Land Use Act has affected land development access in the research area.
The recommendations and final remarks emphasised the need for enabling land instruments to administer land and make it easily accessible to the society’s disadvantaged.
CHAPITRE ONE
INTRODUCTION
1.1 Background Of The Study
Access to urban land is currently a concern in Nigeria, particularly for housing, commercial, industrial, recreational, and other urban development projects such as infrastructural and social amenities. Because of the persistent scarcity of urban land, prices have skyrocketed, leaving most city dwellers fearful that they would never be able to afford a home.
Some people who are able to get urban land, particularly through land-owning families, pay for it twice or three times, depending on how many stories they wish to build. This is now common practise in many parts of Lagos. This demonstrates that the demand for land in Lagos is exceedingly competitive.
Because urban land is not easily accessible in the city, land thugs are having a field day stealing other people’s land. Landowners are not immune to the temptation of selling the same piece of land to many bidders or even invading government property.
This has made purchasing land in Lagos a very risky venture, particularly if the buyer fails to hire the services of specialists to handle the land deal. The failure to hire professionals is most likely due to a lack of funds or ignorance.
Lagos state is plainly confronted with the general issue of land accessibility. According to research, one of the biggest issues with land accessibility stems from government policies and rules enacted following the passage of the Land Use Act in 1978 (Umezuruike 2003). The Act nationalised all of the country’s lands (Iseh2003).
The execution of the Land Use Act affects access to land in Nigeria. So far, its operation appears to have generated more of a bottleneck (Omirin 2003). The Land Use Act caused significant challenges for land management throughout the country (Mabogunje, 20003).
Land speculation, racketeering, and thuggery had all risen in popularity (Udo, 1996). Despite the fact that research on land accessibility under the Land Use Act in Lagos is scarce. The purpose of this research is to assess land accessibility in Lagos under the Land Use Act.
1.2 Statement of the Research Problem
An increasing part of the world’s rapidly developing population is striving to meet its economic and social requirements and ambitions in metropolitan settings.
The massive influx of people into cities and towns has most likely resulted in an uncontrollable urban explosion, an unparalleled growth in population, and increased demands on urban infrastructure.
The growing population has increased the need for urban land. As a result, the demand for land has greatly outstripped the availability. Its physical supply is extremely restricted, despite the fact that demand for its use is increasing on a daily basis.
As indicated before in the context of this study, one of the current concerns in Nigeria is access to urban land. Land is a critical topic in all societies. It has an impact on many aspects of human life, including social, cultural, economic, political, and religious activities.
Because of the increased demand for property, which has resulted in intense competition for available land, land-owning families have fostered the practise of numerous sales of the same land to different buyers.
It has also resulted in massive land speculation and a corresponding spike in land prices. It has also increased landlessness and inequality in land ownership among the poorer portions of the population.
Prior to the Land Use Act, the country had a variety of land tenure arrangements. Apart from the Lagos Colony, where an English freehold system was established upon its conquest in 1861, these various systems can be largely divided into two groups.
The first was acquired in Northern Nigeria, when the colonial authority placed all lands under the supervision and disposal of the Governor. In Southern Nigeria, the second system established that land was owned by lineages or extended families.
Individuals only have the right to use such family land. The only land available to the governor was that which had been acquired specifically for public use as crown land. The control established by law on lineages and other local landholders was a duty to seek government authorization before transferring rights to strangers.
Faced with these different land tenure systems and the significant difficulty in obtaining land for public purposes, particularly in southern Nigeria, the military government of General Olusegun Obasanjo attempted to unite the two systems in the country through the 1978 land use decree.
The 1978 land use decree (now the 1978 Land Use Act) nationalised all lands in Nigeria. It has been three decades since the Land Use Act was enacted, and access to land remains one of Nigeria’s most difficult concerns. This necessitates an assessment of land accessibility under the Lagos Land Use Act (L.U.A).
1.3 Research Questions
This study is concerned with the following research questions.
1. How was land accessible in Lagos prior to the Land Use Act?
2. How is land accessibility in Lagos governed by the Land Use Act?
3. What are the impacts of the Lagos Land Use Act on land accessibility?
1.4 Goals and Objectives
The purpose of this research is to assess land accessibility in Lagos under the Land Use Act (L.U.A). The following objectives will be diligently pursued in order to attain the aforementioned goal.
1. Investigate land accessibility in Lagos prior to the Land Use Act.
2. Assess land accessibility in Lagos in accordance with the Land Use Act.
3. Assess the impact of the Land Use Act on land accessibility in Lagos.
4. Examine land accessibility in Lagos in light of the Act.
1.5 Significance of the Research
Land is a significant topic in every culture since it refers to the earth’s surface stretching below to the centre of the earth and upward to infinity, including those objects permanently linked by nature,
such as trees and water. This is due to the fact that it has an impact on all aspects of human life, including social, cultural, economic, political, religious, and so on.
As indicated earlier in the context to this study, access to urban land, particularly land for housing, commercial, industrial, recreational, and other urban development projects, is now a concern in Nigeria.
There is a persistent shortage of land and intense competition for available land, which has resulted in high land prices. To address these issues, the Land Use Act was enacted three decades ago. As a result, there is a requirement to assess land accessibility in Lagos under the Land Use Act.
This research will be useful to potential real estate investors, financial institutions, real estate surveyors and valuers, estate agents, land owners, lawyers, estate management professors, tertiary students, and the government.
1.6 Scope of the Research
The study’s scope includes the accessibility of land in Lagos. The study is designed under the Land Use Act to identify land in Lagos, examine the Land Use Act, examine land accessibility in Lagos prior to the Land Use Act, appraise land accessibility in Lagos under the Land Use Act,
analyse land accessibility in Lagos under the act through structured questionnaires, and make conclusions and recommendations based on the analysed questionnaires. However, the study includes both the state’s island and mainland.
1.7 Definitions of Terms
Access to Urban Land: The capacity to acquire and own any developable property within an urban region. This study’s content includes the period of searching for land, payment, conveyance, and registration before development is projected to begin.
This is the point at which your right to land is secure and unassailable. However, such land must be available, inexpensive, and have a solid tenure that can be easily transferred.
Certificate of occupation (C of O): A certificate issued by the governor of a Nigerian state certifying the earlier award of statutory rights of occupation, typically via a letter of allocation/offer. According to (section 5(1) of the LUA, 1978).
Alternatively, certifying the deemed grant of statutory right of possession pursuant to Section 9. To exclude the local government, the state designated all areas in the state to be urban land.
Land is defined as the earth’s surface stretching downward to the centre of the earth and upward to infinity, incorporating natural features such as trees and water.
Land Use Act (L.U.A): The Land Use Act was enacted in 1978 by the military government of General Olusegun Obasanjo to unify the country’s land tenure systems. It was enacted as Land Use Decree No. 6 of 1978, taking effect on March 29, 1978.
The Land Use and Advisory Committee is a body established by the Act for each Local Government and is responsible for advising the Local Government on any topic related to the management of land within the area of authority of which the land is located.
Land use Allocation Committee: This is a committee established under Section 2 of the Land Use Act to advise the governor on all issues concerning the management of urban land in the state.
Ratification Process: A subset of the state allocation process. It is a procedure in which the government tolerates the illegality of certain squatters on government-owned land.
Such exemption can be granted only if the developed lands are not inside the government’s committed scheme, are not under high-tension power lines, are not in the path of public infrastructure and utilities, and the buildings and layouts do not violate government regulations.
1.8 Plan of The Study
The research is divided into five major chapters. The first chapter provided an overview of the research. The second chapter would be devoted to a review of relevant literature to the research.
The third chapter would provide the research approach required to meet the study’s goals and objectives. Chapter four would present the empirical findings and discuss them, while Chapter five would wrap up the study and offer solutions to the findings.
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