Land
tenure is the system of land holding in any given society. It is also define as
the holding of land or the right to hold land.
The concept of land tenure
has been described as a systematization of the rules which function by specifying what different classes of
persons may or may not must or must not do, with reference to the occupancy,
use, abuse or disposition of land. Such
rules define the privileges and obligations,
the rights and duties of persons
in relation to each other, with reference to land. The system of land
tenure also sets out the method of administration with regard to acquisition,
distribution, exploitation and use of specific portions of land.
Land
tenure systems may be extremely complex. It will therefore be helpful to distinguish
those rights over land. According to (Amasiatu, 2010), there exist different
types of rights exercised over land. Among the varieties are:
- Usufructuary right: This is the right to use and profit from property vested in another, so long as the user (usufructuary) does not change the substance of the property. It would include an easement but not a profit a prendre (Real Estate Dictionary, n.d). Another source defined this right as a system of land tenure where land is communally owned and people have free access to use it.
- Right of Occupancy: This type of right is documented in a certificate of occupancy (C of O) and refers to the right granted to a holder to occupy a property within a limited/defined time frame. In Nigeria, this right came with the land use Act of 1978 which recognizes the right of occupancy as the only interest in land in Nigeria according to Okoronkwo (2009), "the right inherent in the certificate of occupancy does not confer proprietary rights of ownership of land to the holder but of occupancy and use only".
- Residual Rights: According to Onwuchekwa (1999), this right applies when a land is under pledge. The individual to whom the land is pledged continues to use the land perpetually until the land is redeemed. Property Right: According to a Food and Agricultural Organization (FAO, 2003), the right that a person has in an object such as land may be considered as property… In the case of land tenure, it is sometimes described more precisely as property rights to land. Mbadiwe (1998) adds that land use decisions can only be taken and carried out by people with property rights in land. Property right could be said to confer on its holder, proprietary right as it were.
- Symbolic Right: This applies where land has been donated for development project without any monetary attachments but mere recognition of the donor (Onwuchekwa, 1999).
- Grazing Rights: This is a form of right granted to people to graze on another person's land (Onwuchekwa, 1999; FAO (n. d)). Communal Rights: A right of commons where each member of a community has a right to use the holdings of the community independently (FAO (n. d)).
- Freehold
and leasehold rights: By and large, land rights could be
classified as customary rights and statutory rights. Leasehold, freehold and
rights of occupancy are examples of statutory rights. They are defined by
clearly stated laws/ regulations. Customary rights such as usufructuary rights,
symbolic rights, grazing rights, communal rights, property rights etc, are
derivatives of customs and traditions. In some instances, some of these rights
find their places in both categories.
However,
it must be recognized and stressed that the duality of the Nigeria legal
systems, (that is, the administration of both the customary laws and the
Received English Laws with respect to land) has resulted in the existence of
customary and non-customary land tenure systems in Nigeria.
Land
is of fundamental importance in traditional Nigerian society, and is communally
owned, although family or corporate ownership existed side by side with
communal ownership. It is a source of wealth and is greatly valued as an
indispensable factor of production. Agriculture, the oldest occupation of
mankind, takes place on land. Traditional Africa in general and Nigeria in
particular maintained a liberal policy of allocation of land resources. Land
was allocated to families and individuals, while the community or clan
maintained absolute ownership. The chief or the head of the lineage or clan was
the custodian of the land. His position was that of a trustee, holding the land
for the clan or the whole community. These custodians were invested with the
power to manage and administer the communal property but in the interests of
members of the community. Strangers and people with problems were easily absorbed
and settled without discrimination and with land to use at their discretion.
These additions were based on the cultural beliefs and attitudes towards life
and hospitality.
It must also be recognized that both the customary and non-customary land tenure systems in Nigeria have been qualified by the Land Use Act of 1978 to the extent that the Act now provides for new uniform tenure system in Nigeria although it still preserves the existing title and rights to possession of land.
It must also be recognized that both the customary and non-customary land tenure systems in Nigeria have been qualified by the Land Use Act of 1978 to the extent that the Act now provides for new uniform tenure system in Nigeria although it still preserves the existing title and rights to possession of land.
ReplyDeletebut it is in principle the right of land in the handof govt