ABSTRACT
This study appraised land accessibility under the Land Use Act. The case
study area for this research has been Lagos state with special attention paid
to the following local government areas in the state, namely: Lagos-Island
local government, Apapa local government, Mushin Local Government, and Ikeja
local government.
A total of 80 questionnaires were
administered with 20 being given to each local government and a total of 65
questionnaires were retrieved. The procedure for simple random selection goes
thus: A list of 80 potential respondents' in Lagos metropolis was drawn from
the above four mentioned local government areas, which have the knowledge concerning
land accessibility and judgemental sampling technique was used to select the
final sample for the study, i.e. the division of the population of a given area
in the state into four (4) major local government areas. Simple random
selection was done to determine the exact respondents that will form the above
average respondents for the study.
The data analysis and interpretation were
used to highlight how the Land Use Act has affected access to development of
land within the study area.
The recommendations and the concluding remarks emphasized the need
for an enabling land instruments to administer land and make it readily
available to the poor people in the society.
TABLE OF CONTENTS
PAGES
Title Page
Certification
Dedication
Acknowledgement
Abstract
Table of Contents
CHAPTER ONE: INTRODUCTION
1.1 Background
to the Study
1.2
Statement of the Research Problem
1.3
Research Questions
1.4
Aim and Objectives
1.5
Significance of the Study
1.6
Scope of the Study
1.7
Definition of Terms
1.8 Plan
of the Study
CHAPTER TWO: REVIEW OF RELATED LITERATURE
2.1 Land
2.1.1
Features/Characteristics Of Land
2.2
Land Accessibility In Lagos Before The Land Use Act
2.3
The Land Use Act As It Relates To Land Accessibility
2.3.1
Policy Objectives Of The Land Use Act
2.3.2
Main Provision Of The Land Use Act Relating To Land Accessibility
2.4
Land Accessibility In Lagos Under The Land Use Act
2.5 The
Effects Of The Land Use Act On Land Accessibility InLagos
CHAPTER THREE: RESEARCH METHOD
3.1 Preamble:
3.2 Reinstatement Of Research Questions:
3.3 The Study Population:
3.4 Sampling Technique:
3.5 Data Collection Method:
3.6 Questionnaire Design:
3.7 Method Of Data Analysis:
3.8 Reliability And Validity Test:
3.9 Sources Of Data Collection
CHAPTER FOUR:
ANALYSIS OF FINDINGS
4.1 Presentation And
Analysis Of Data
4.2 Presentation And
Analysis Of Descriptive Data
CHAPTER
FIVE: SUMMARY OF FINDINGS, CONCLUSION
AND RECOMMENDATION
5.1 Introduction
5.2
Summary Of Findings
5.3
Conclusions
5.4 Recommendations
REFERENCES
CHAPTER ONE
INTRODUCTION
1.1
Background to the study
One
problematic issue in Nigeria now is having access to urban land, especially
housing, commercial, industrial, recreational, and other urban development
projects like infrastructural and social amenities. Because of this chronic
shortage of urban land, prices have shot up incredibly, leaving most urban
residents in fear that they might never be able to have their own house. Some
who manage to secure urban land especially through land-owning families pay for
such land twice or thrice, depending on how many floors they want to build.
This has become the practice in many parts of Lagos. This shows that the demand
for land in Lagos metropolis is extremely competitive.
Since
the urban land is not easily accessible in the city, land thugs are having a
field day grabbing land belonging to other people. Land owners too are not
immune to the temptation of selling the same land to many buyers and even
invading government land. This has made buying land in Lagos a very risky
endeavour especially when the buyer fails to engage the services of
professionals in handling the land transaction. The failure to engage the
services of professionals is probably due to lack of fund or ignorance.
Lagos
state is obviously faced with the general problems of accessibility to land. And
studies shows that, one of the major problems of land accessibility is
government policies and laws which emanated from enactment of the land use Act
of 1978 (Umezuruike 2003). The Act nationalized all lands in the country
(Iseh2003). Access to land in Nigeria is affected by the operation of land use
Act. Its operation so far seems to have created more of bottleneck (Omirin
2003). The land use Act created serious problems for land management in the
entire country (Mabogunje, 20003). Land speculation, racketeering, and thuggry
had been on the increase (Udo, 1996). Though researches on land
accessibility under the land use Act in Lagos is limited. The aim of this study
is to appraise land accessibility under the Land Use Act in Lagos.
1.2
Statement of the Research Problem
An
increasing proportion of the rapidly growing world population is attempting to
satisfy its economic and social needs and desires in an urban context. The
enormous migration of people into cities and towns has probably produced an
uncontrollable urban explosion, an unprecedented increase in population, and
greater demands on the urban infrastructure. The increasing population has led
to a higher demand for urban land. This has made the demand for land far higher
than its supply. Its physical supply is highly limited even as the demand for
its use is increasing daily. As earlier stated in the background to this study,
one of the problematic issues in Nigeria now is having access to urban land.
Land is an important issue in every society. It affects all activities of man
such as social, cultural, economic, political, religious etc.
Due
to the increase in the demand for land which has led to extreme competition for
available land, this has encouraged the practice of multiple sales of the same
land to different buyers by land owning families. It has also led to tremendous
land speculation and a subsequent rise in the prices of land. It has also
created inequality in land ownership and increasing landlessness among the
poorer segments of the population.
Before
the land use Act, there was a multiplicity of land tenure systems in the
country. Apart from the system in the Lagos Colony where an English freehold
system had been established following its annexation in 1861, these diverse
systems can be grouped broadly into two categories. The first obtained in the
Northern Nigeria where the colonial administration has placed all lands under
the control and subject to the disposition of the Governor. The second system
that obtained in Southern Nigeria recognized that land was owned by lineages or
extended families.
Individuals
have only right of use on such family land. The only land held at the
governor’s disposal was that which had been expressly acquired for public
purposes as crown land. The control imposed by law on the lineages and other
local landholders was an obligation to seek the consent of government when
rights are being conveyed to aliens.
Faced
with these contrasting land tenure systems and the considerable trouble in
getting land for public purposes, especially in the southern Nigeria, the
military government under General Olusegun Obasanjo sought to unify the two
systems in the country through the land use decree of 1978.
The
land use decree of 1978 (now the land use Act of 1978) nationalized all lands
in Nigeria. It has been three decades ago since the Land Use Act has been
promulgated and access to land is still one of the most problematic issues in
Nigeria. This calls for the need to appraise land accessibility under the Land
Use Act (L.U.A) in Lagos.
1.3
Research Questions
The
following research questions are relevant for this study.
1.
How was accessibility to land in Lagos before the Land Use Act?
2.
How is accessibility to land in Lagos under the Land Use Act?
3.
What are the effects of the land use act on land accessibility in Lagos?
1.4
Aim and Objectives
The
aim of this study is to appraise land accessibility under the land use Act
(L.U.A) in Lagos. In order to achieve the above stated aim the following
objectives will be rigorously pursued.
1. Examine land
accessibility in Lagos before the Land Use Act
2.
Appraise land
accessibility in Lagos under the Land Use Act
3.
Determine the effects of
the Land Use Act on land accessibility in Lagos
4.
Analyse land
accessibility in Lagos under the Act.
1.5
Significance of the Study
Land,
which refers to the earth’s surface extending downward to the centre of the
earth and upward to infinity, including those things permanently attached by
nature, such as trees and water, is an important issue in every society. This
is because it affects all activities of man, be they social, cultural,
economic, political religious etc.
As
stated earlier in the background to this study, one problematic issue in
Nigeria now is having access to urban land, especially land for housing,
commercial, industrial recreational and other urban development projects. There
is chronic shortage of land and extreme competition for available land, which
has led to high cost of land. The land use Act was promulgated three decades
ago to address these problems. There is therefore need to appraise land
accessibility under the land use Act in
Lagos.
This
study will be significant to potential real estate investors, financial
institutions, real estate surveyors and valuers, estate agents, land owners,
lawyers, estate management lecturers, students of tertiary institutions, and
government.
1.6
Scope of the Study
In
scope, the study covers the accessibility of land in Lagos. Under the Land Use
Act, the study is designed such that it identifies the land in Lagos, examine
the Land Use Act, examine land accessibility in Lagos before 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 recommendation from the analyzed questionnaires. However, the
research covers both the Island and Mainland of the state.
1.7
Definition of Terms
Access
to urban Land: This refers to the ability to procure and
possess any developable plot within an urban area. In the content of this
study, it covers the period of scouting for the land, payment, conveyance and
registration, before development is expected to commence. This is the stage
when your right to land is secured and unchallenged. However, such land to be
accessed must be available, affordable with well secure tenure which can also
be transferred easily.
Certificate
of Occupancy (C of O): This is a certificate
issued by the governor of a state in Nigeria certifying the previous grant of
statutory rights of occupancy usually through a letter of allocation/offer. As
stipulated in (section 5(1) of the LUA, 1978). Or certifying the deemed grant
of statutory right of occupancy under section 9. So as to exclude the local
government declared all lands in the state as urban land.
Land:
land is defined as the earth’s surface extending downward to the centre of the
earth and upward to infinity, including those things permanently attached by
nature, such as trees, water etc.
Land
Use Act (L.U.A): The Land Use Act is a law promulgated in
1978 by the military government under General Olusegun Obasanjo to unify the
land tenure systems of the country. It was promulgated as Land Use Decree No. 6
of 1978 with effect from 29 March 1978.
Land
Use and Advisory Committee: This is a body
established for each Local Government by the Act and shall have responsibility
for advising the Local Government on any matter connected with the management of
land within the area of jurisdiction of which the land is situated.
Land
use Allocation Committee: This is a committee set
up under section 2 of the land use Act to advice the governor on any matter
connected with the management of urban land within the state.
Ratification
Process: This is a special form of state
allocation process. It is a process whereby government condones the illegality
of certain squatters on government acquired lands. Such condonement can only be
granted if such developed lands are not within government’s committed scheme,
under high-tension power lines, within way of public infrastructure and
utilities, and where the buildings and layouts do not contravene government
regulations.
1.8
Plan of the Study
The
study is organized into five main chapters. Chapter one presented the overview
of the study. Chapter two would focus on review of relevant literature to the
research. Chapter three would present the research method needed to achieve the
aim and objectives of the study. Chapter four would report the empirical
results and discuss the findings while chapter five would conclude the study
and recommend solutions to the findings.
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