ABSTRACT
This research characterizes the existing land users in the study area, analyzed the various land uses in the study area, assessed the compliance of parcel use to development control standards in the study area, examined the factors responsible for development control violations and the effects in the study area. This research used geospatial techniques to map and create a cadastral information system (CIS) for the area. Zenith 45 GNSS RtK was used to obtain coordinates of all the beacons in the estate while the dimension of parcels and size of structures on each plot were digitized from a high spatial resolution satellite imagery. Adjudication form was administered to obtain information about the characteristics of parcels and parcel users. These acquired data were processed using ArcGIS 10.5 to create a CIS for the area. The findings revealed that 85.4% of the parcels are owned by males while 14% are owned by females and 0.6% by the Government; about 61% and 35.1% of the land parcels are owned by civil servant and business men/women respectively while 0.6 is government used. More so, 94.6% of the parcels are developed while 0.3% and 5.1% parcels are under construction and undeveloped respectively. Some of the parcels (63.4) in the layout are of medium density. Also, about 93% of the parcel were meant for residential purposes but only 80% are used for residential purposes. Furthermore, the study revealed that about 2.7% of structures in the study area have encroached upon the right of way of the express way while 45.2% of the structures have encroached upon the right of way of access road in the area. More than 36% of the parcels in the layout have been overdeveloped based on the Standard applied in the area (table 2.1). Right setback was the highest form of violation with 76.5% on high density parcels while front setback was the most (54.1%) on medium density parcels. Left setback was the highest form of violation on low (38.1) density parcels while special residential parcels were dominated (50.6) by left setback violations in the study area. Majority of the opinions of respondents’ points to corrupt practices (4.44) as responsible for the violations and 4.59% were of the opinion that overdevelopment of parcels (4.59) is the major effect of development control violation in the study area. It is recommended that CIS should be established uniformly throughout the state with effective office and field-based surveillance to ensure a controlled development.
TABLE OF CONTENTS
Title Page i
Declaration ii
Certification iii
Dedication iv
Acknowledgement v
Abstract vi
Table of Contents vii
List of Tables xi
List of Figures xii
List of Appendices xiv
CHAPTER ONE: INTRODUCTION
1.1 Background of the Study 1
1.2 Statement of the Research Problem 4
1.3 Aim and Objectives of the Study 7
1.4 Scope of the Study 7
1.5 Justification of the Study 7
CHAPTER TWO: CONCEPTUAL FRAMEWORK AND LITERATURE REVIEW
2.1 Introduction 9
2.2 Conceptual Framework 9
2.2.1 Concept of Land 9
2.2.2 Land Administration 10
2.2.3 Land Right Management 10
2.2.4 Cadastral Mapping and Land Registration in Nigeria 11
2.2.5 Reforms in Land Registration and Cadastral Mapping 12
2.2.6 Remote Sensing and Geographic Information System in Cadastral Mapping 13
2.2.7 Adjudication 14
2.2.8 Development 14
2.2.9 Development Control 15
2.2.10 Remote Sensing 20
2.2.11 Geographic Information System 20
2.2.12 Cadastral Information System 21
2.3 Literature Review 22
CHAPTER THREE: STUDY AREA AND METHODOLOGY
3.1 Introduction 31
3.2 The Study Area 31
3.2.1 Location and Size 31
3.2.2 Climate 31
3.2.3 Vegetation 32
3.2.4 Relief 33
3.2.5 Drainage 33
3.2.6 Soil 33
3.2.7 Population and People 34
3.2.8 Economic Activities 34
3.3 Methodology 34
3.3.1 Reconnaissance Survey 35
3.3.2 Data Types 35
3.3.3 Sources of Data 35
3.3.4 Methods of data acquisition 35
3.3.5 Data Processing 35
3.3.6 Building of Cadastral Database 37
3.3.7 Data Analysis 38
CHAPTER FOUR: RESULTS AND DISCUSSION
4.1 Introduction 42
4.2 Characteristics of Parcel/Owners 42
4.2.1 Classification of Parcel Owners According to Gender 42
4.2.2 Classification of Parcel Owners According to Occupation 44
4.2.3 Classification of Land Parcel According to Development to Status 46
4.2.4 Classification of Land Parcel According to Density 48
4.3 Land Uses in the study area 50
4.4 Level of Compliance to Development Control 53
4.4.1 Road Encroachment 53
4.4.2 Building Density Violations 55
4.4.3 Setback Violations of High Density Parcels 59
4.4.4 Setback Violations of Medium Density Parcels 64
4.4.5 Setback Violations of Low Density Parcels 69
4.4.6 Setback Violations of Special Residential Density Parcels 74
4.5 Factors Responsible for Development Control Violations in the Study Area 79
4.6 Effects of Development Control Violations in the Study Area 82
CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Summary of Findings 86
5.2 Conclusion 87
5.3 Recommendation 87
References 89
Appendices 94
LIST OF TABLES
Table 2.1 Some Planning Standards for Residential Development in Cross River State 19 Table 3.1: Residential Plot Standards 40
Table 4.1: Classification of Parcel Users According to Gender 42
Table 4.2: Classification of Parcel users According to Occupation 44
Table 4.3: Classification of Parcels based on Development 46
Table 4.4: Classification of Parcels According to Density 48
Table 4.5: Proposed and Existing Land Uses of the Study Area 50
Table 4.6: Encroachment of Express Way and Access Roads 53
Table 4.7: Building Density Violation 56
Table 4.8: Setback Violation of High Density Parcels 58
Table 4.9: Setback Violation of Medium Density parcels 63
Table 4.10: Setback Violation of Low Density Parcels 68
Table 4.11: Setback Violation of Special Residential Density parcels 73
Tattle 4.12 Factors Responsible for Development Control Violations in the Area 80
Table 4.13: Effects of Development Control Violations in the Study Area 84
LIST OF FIGURES
Figure 3.1: State Housing corporation Calabar, Cross River State 32
Figure 3.2: The Workflow Chart of the Methodology for the Project 37
Figure 4.1: Classification of Parcel Owners According to Gender 43
Figure 4.2: Classification of Parcel Owners According to Occupation 45
Figure 4.3: Classification of Land Parcels According to Development Status 47
Figure 4.4: Classification of Land Parcels According to Density 49
Figure 4.5: Proposed and Existing Land Uses of the Study Area 51
Figure 4.6: Land Use Violations in the Study Area 52
Figure 4.7: Encroachment of Express Way 54
Figure 4.8: Encroachment of Access Road 55
Figure 4.9: Overdeveloped Parcel 57
Figure 4.10: Front Setback Violations of High Density Parcels 59
Figure 4.11: Rear Setback Violations of High Density Parcels 60
Figure 4.12: Right Setback Violations of High Density Parcels 61
Figure 4.13: Left Setback Violations of High Density Parcels 62
Figure 4.14: Front Setback Violations of Medium Density Parcels 64
Figure 4.15: Rear Setback Violations of Medium Density Parcels 65
Figure 4.16: Right Setback Violations of Medium Density Parcels 66
Figure 4.17: Left Setback Violations of Medium Density Parcels 67
Figure 4.18: Front Setback Violations of Low Density Parcels 69
Figure 4.19: Rear Setback Violations of Low Density Parcels 70
Figure 4.20: Right Setback Violations of Low Density Parcels 71
Figure 4.21: Left Setback Violations of Low Density Parcels 72
Figure 4.22: Front Setback Violations of Special Residential Density Parcels 74
Figure 4.23: Rear Setback Violations of Special Residential Density Parcels 75
Figure 4.24: Right Setback Violations of Special Residential Density Parcels 76
Figure 4.25: Left Setback Violations of Special Residential Density Parcels 77
LIST OF APPENDICES
Appendix I: Letter of Introduction and Adjudication Form 89
Appendix II. Satellite Imagery of the Study Area 91
CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Land is a great resource and indeed, the backbone of wealth in many communities, whether urban or rural. People depend on land for food, shelter, employment, resources, cultural and religious needs. Land is the foundation of all human activities. The relationship between people and land is fundamental to human existence (United Nations Economic Commission for Africa [UNECA], 2009).
Issues of land have been identified to be a major cause of civil and international wars and genocide. For example; the Palestinians’ struggle for the return of their homeland, the Zapatista movement in Mexico, the Bakassi peninsula dispute between Nigeria and Cameroon, Movement for the emancipation of Niger-Delta, the Jukun/Kuteb/Tiv land disputes in Taraba state, Calabar/Aqua Ibom, Ogoja/Abakaliki land dispute in Cross River and many others. Conflicts over ownership, land grabs, social disharmony, reduction in farm yields, diminished food security, weak land market and negative impacts on the environment among others are more associated with regions that have poor system of land information and management (Henssen, 1995).
Digital mapping (also called digital cartography) is that branch of survey that is concern with the surveying and collection of digital data. The primary function of this technology is to produce maps that give accurate representations of a particular area, detailing major road arteries and other points of interest. The main objective of surveying is the gathering of data and the preparation of plans, maps and charts. One of the classifications of surveying based on the surface and the area to be surveyed is land surveying among aerial and hydrographic surveying. Land surveying operation is done for objects on the surface of the earth and it can further be subdivided into topographic survey and Cadastral survey. The latter is a survey operation carried out to determine property boundaries and ownerships including those of fields, houses, plots of land, among others (Maguire and Dangermond, 1991).
Cadastre is the map of ownership and boundaries of land parcels. Land parcel databases describe the rights, interests, and value of property. The legal boundaries of land parcels are defined in the land title deed and are confirmed by survey measurements. Ownership of land parcels is an important part of the legal, financial, and real estate system of any society (Burrough and McDonnell, 1998).
Elayachi and Semlali (2001) noted that a Digital Cadastral Map is a map in which attributes (tabular) and map (graphic) data on cadastral unit are stored in the same database. They added that a digital cadastral map registers each parcel and its owners and describes all the spatial structures consisting of location, boundaries and contents. The core component of cadastres, CIS or Land Information System (LIS) is the cadastral map obtained through cadastral mapping.
Cadastral mapping could be described as the process and method of building of information on land. Traditionally, cadastres and cadastral mapping systems have been manual and paper-based (Borzacchiello and Craglia, 2012). It contained a numerical/diagrammatic description (a graphical description of land parcels) and a separate list of land register (containing a list of names and rights of land holder). The characteristics of customary land tenure is that at the earliest beginning, all societies regarded land as belonging to the social group, like village, lineage or family (Zevenbergen, 2002).
Cadastral Information System is a subset of spatial information that is concerned with identifying and maintaining legal boundaries of properties. According to Ndukwe (2001), the classical Cadastre or method of keeping records and land register using paper file or cards has many inherent problems. It is not only inefficient but also cumbersome to operate, these classical methods of land record exposes data to such risk as physical damage from rain, excessive wear and tear, fire and other hazards. These shortcomings can be efficiently addressed with computerization.
Developments in Remote Sensing and GIS and web-based GIS, internet communications, band width technology and speed of transmission have made possible the creation of digital cadastres and cadastral mapping systems allowing the map and the register to be integrated into one single system (Mabogunje 2010). With the development of Geo-Information Technologies (GIT) adjudication of land rights benefits greatly from the use of Remote Sensing/Photogrammetry (Jing, 2011). Remotely- sensed georeferenced orthophotos have been used for adjudication in various regions of the world. Remote Sensing and Geographic Information Systems (GIS) have therefore become important geometric tools for building of digital cadastral systems (Maguire and Dangermond, 1991).
Africa like most continents, having a written law influenced by colonial administrations, statutory land tenure is thus characterised by private freehold, private leasehold, public freehold and public leasehold (Platteau,1996). Land records presently cover less than 1% of sub-Saharan Africa, and 90% of land parcels are undocumented in developing countries. It can be presumed that the Cadastral layer in any existing or future of the system in a country will in all likelihood either not be present at all or it will exist in an extremely incomplete form (Onyeka, 2000).
Land administration in Nigeria must of necessity involve a cadastral input; since land must be discussed in terms of location, extent, size, shape and ownership rights. Cadastral survey information has been positively improved by the advancement in computer and space technology as well as techniques of information gathering, storage and dissemination for good land administration since land plays a major role in human activities (Kufoniyi, 1998). The author further said; most of the maps being used for development in all parts of the country are maps produced over two decades. This made development in some areas difficult because some of the locations on the maps had been physically built up.
Development control is the process of implementing building and land sub-division regulations and specifications. It is a mechanism to maintain standards and process laid down by legislation, which regulates development of land and building. It is a professional activity carried out by town planners in order to ensure compliance with the approved master land thereby ensuring orderliness. (Osibanjo, 2004).
The Cross River State Housing Corporation like most African communities, is characterised by customary land tenure. It is the basis of holding and using land, giving a high measure of security to people with groups, clans, stools and tribes. However, irregularities in land conveyance procedures, lack of furnished basis for equitable taxation, unavailability of needed information for resource management and environmental planning. Correct and up-to-date information on the parcels of land in the study area have created a lacuna through which dubious elements and corruption have explored (Cross River State Ministry of Lands and Housing [CRMLH], 2019). Hence, the need for digital mapping and creation of CIS of State Housing Corporation Calabar, Cross River State, Nigeria.
1.2 Statement of the Research Problem
A report by United Nations Economic Commission for Africa [UNECA] (2009), concluded that land parcel database creation is indispensable in monitoring natural disasters, home mortgage foreclosure crisis, wildfires, energy resource management, administrative and legislative options and various aspects of national development among others.
State Housing Corporation Calabar, Cross River State still depends on the age-old methods of creating and maintaining the paper-based land records system of manual surveys, cloth bound cadastral maps and non-uniform structures of record of rights. State Housing Corporation Calabar suffers such consequences and problems as data loss, data redundancy, haphazard storage of land documents, high maintenance cost, data integrity, inability to allow for instantaneous data access and retrieval by multiple owners among others especially after the issue of fire outbreak in the ministry of Lands and Housing that destroyed most of the records around September 2004. These problems often degenerate into inter household disputes and in some cases communal disputes as evident in some recent clashes between Wanikade and Wanihem in Ukele North around June 2012, Onyoadama of obubura and Yakur around March 2018 to mention but a few. These numerous challenges can however be surmounted by digital mapping and CIS.
A couple of researches have been carried out on land registration and the application of Remote Sensing and GIS in cadastral mapping. Babalola and Kardam (2012) developed a Cadastral Information System for part of Fadaman-Mada area of Bauchi Metropolis. The cadastral layout plan of the area of interest, consisting of 60 plots, were integrated and updated with a comprehensive digital map and cadastral data. An accurate digital map of the area was produced which include feature details shown in graphics and tables. Their findings include changes to roads initially designed for dual carriage which were reduced to single lanes; others that were initially closed were extended to intersect the major ones. It was concluded that computer technology plays a vital role in keeping cadastral record by making it possible for information to be kept in different formats.
Pindiga and Orisakwe (2013) assessed the development of a Cadastral Information System of Tumfure residential and commercial layout in Akko Local Government Area (LGA) of Gombe State. The methodology involved the creation and testing of a multimedia relational database of the attributes of the individual parcels, which were linked to the polygonised spatial positions of the parcels in Geographic Information Systems. A high-resolution satellite imagery covering the layout was obtained, georeferenced and overlaid with the parcel layer to reveal the features contained in each parcel pictorially. The structured information contained in the database was evaluated, tested, and found to be easily and readily accessible and retrievable through locational and attribute queries. The results demonstrated the efficacy of Cadastral Information System as the most effective tool for land administration in the study area.
Wulga (2014) used Remote Sensing and GIS to develop a Digital Cadastral Information System for Banjiran, Adamawa State. A satellite imagery obtained online from Google Earth Pro was used to develop an indexed map of the area and the related land parcel records were collected from the registry. The records were used to create an attribute database. The findings revealed that: there were 1,278 parcels with 1,166 owners. Fifteen percent of the parcels were not allocated while 84.978% parcels were allocated. Most of the parcels were developed while few were not developed with residential use the predominant in the area.
From the forgoing, conversion of analogue and paper based maps and attribute information into digital form and the creation of CIS is an indispensable decision making tool for sustainable development. While a few literatures have directly addressed this concern within Nigeria, no previous study was found where land ownership records including existing surveying information about the layout do not exist completely. More so, this type of research has not yet been carried out in the study area. This is the gap in knowledge which this study intended to fill. The following are fundamental questions that this research sought answers to:
i. What are the characteristics of land owners in the area?
ii. What are the different land uses in the study area?
iii. What is the level of compliance to development control standards in the area?
iv. What are the factors responsible for development Control violations in the area?
v. What are the effects of development control violations on environment in the area?
1.3 Aim and Objectives of the Study
The study aimed at mapping and creating a CIS for the parcels of land in state housing Corporation Calabar, Cross River State, Nigeria. This is to address the challenges of the age-old methods of creating and maintaining the paper-based land records system of manual cadastral maps characterised by data loss (fire outbreak as in the case of the study area), data redundancy, haphazard storage of land documents, high maintenance cost, lack of data integrity, inability to allow for instantaneous data access and retrieval by multiple users among others. This will go a long way when implemented to enhance the management and control of land resources for sustainable development.
The specific objectives of the study include to:
i. characterize the existing land owners in the study area
ii. analyse the various land uses in the study area
iii. assess the level of compliance of parcel use with development control standards in the study area
iv. identify the factors responsible for development control violation in the study area
v. examine the effects of development control violations in the study area.
1.4 Scope of the Study
This research covers Cross River State Housing Corporation (CRSHC) Calabar, Nigeria. The study identified, mapped and developed a CIS of the study area, characterized the existing land owners, analysed the various land uses and assessed the compliance to development control, factors responsible for violations and its effects. The study covered the parcels of land as at 2018.
1.5 Justification of the Study
Cadastral Information System is important in land administration and management. This is required for decision making by individuals, investors, Government Agencies among others for development purposes (Fadahunsi, 2011). The rapid pace of development and increase in population in Calabar Municipal area has brought about a heavy burden on the state Survey Department due to the complexity, volume and diversity of land information expected from the Department. This study will provide the needed information to the management authorities (CRMLH) in the area of allocation of parcels of land and in determining the types of development suitable and sustainable for parcels of land allotted to individuals or groups. Similarly, the recommendations of this study if successfully implemented will provide the needed protection/security to tenants, land rent, the confidence and incentives to put each parcel of land to its optimum utilization.
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