Effect of Land Use Act in Property Development

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Approval Page
Table of Contents
1.1Background of Study
1.2Statement of the Problem
1.3Aims and Objectives of the Study
1.4Scope of the Study
1.5Limitation of the Study
1.6Significance of the Study
2.0Literature Review
2.1Highlights of Land Use Act, No. 6. of 1978
2.2The Land Tenure law of Northern Nigerian, 1962
2.3The Effects of Land Use Act on Naluation Practice
2.4The Roles of Valuers as Put Forward in Land Use Act, 1978 2.5Effects of Zoning land and Buildings
2.6Compensation for Valuation
2.6.1 General Basis of Compensation Assessment Under the Land Use Act 2.6.2 Disturbance Compensation
2.6.3 Under Compensation
2.7Valuation for Compensation
3.0Research Methodology
3.1Source of Data
3.2Methods of Investigation/Instruments of Data Collection
3.3Research Approach
3.4Basis of the Research Study
3.6Sample Strength
3.7Development of Questionnaires
4.0Presentation and Analysis of Data
4.1Distribution of Real Property Ownership in Enugu Urban
4.2Data on Population Figure within Enugu Urban, 1998 – 2005 4.3Presentation of Data on the Distribution of Questionnaire 4.4Respondents Appraisal on Property Investment in Enugu Urban CHAPTER FIVE

5.3Samples of Questionnaires
The land use Decree No. 6 of 1978 otherwise popularly called Land Use Act was promulgated on 29th March, 1978, the effective date of the commencement of its operation in Nigeria. It is a statutory approach or device used by the federal government to consolidate and harmonize the diverse tenures prevalent in the country before the promulgation. It aims at ensuring the protection of the rights of all Nigerians to enable them to provide for the sustenance of themselves and their families. It abolished the age long tradition of private ownership of land in the south and introduced a uniform system of land tenure through out the country.

Land tenure under this dispensation means that; one can not have an interest in land beyond the terms granted to him by the statute (usually 99 years) and such interest is renewable on expiration. The act vests all land comprised in the territory of each state (except land vested in the Federal Government for its agencies) solely in the hands of the military governors of the state who would hold such land in true for the people. Finally, the promulgation of this Act was as a result of two main factors; Firstly, was the diversity of customary laws on land tenure and difficulty in applying the various customs of the different peoples.

The second factor was the rampant practice in southern Nigeria with regards to fraudulent sales of land. The same land would be sold to different persons at the same time giving rise to so many litigations.

Land being the most universal, most valuable, probably the most controversial assets, the one and the only foundation of all human activities, requires a planned system of holding, control and regulations so as to avoid misuse and abuse of rights thereof.

In the words of Taslim O. Elias, (a renowned Jurist). “The indigenous system does not admit that land can ever be without an owner” indeed, if land (Real property), were to be a “res nullius” (something belonging to none), it will be valueless in the economic sense, there will be no question of compulsory acquisition, purchase, revocation and subsequent compensation. It way not be out of place to suggest that without valid control and regulation, ownership of land may depend purely on the physical strength of an individual or how violent the person can be. Such situation will definitely be anchoretic.

This work therefore unraveled the effects of Land Use Act, 1978 to prospective investors on real property...
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