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An Examination of Land Use Act of 1978 on Real Estate Development in Nigeria

Ekwunife Chidubem Azie Udobi Alexander Nnamdi

Subject area: Physical Sciences and Environment  ·  Area of research: Estate Management

Abstract

This paper examines the Land Use Act of 1978 and its effect on real estate development in Nigeria. The study also addresses the problems of Land Use Act 1978. The Land Use Act was enacted in 1978 with the aim of stimulating economic development by ensuring effective and equitable utilization of land and land resources in the country. However, the objectives of the Land Use Act 1978 has been impeded by two major obstacles. The first is the inherent contradictions and defects in the law, and the second is institutional weakness and lack of political will to implement the Act fairly and equitably. The paper also discovered that the result of these rarities is a failure of the Act to fulfill some of its major objectives. Land Use Act is both effective in some areas and dysfunctional in others. This is because of the age of the Act and the lack of a pro-poor policy focus. The study found out that government policies/decisions on real estate development have not been effective over the years due to the failure of the government to implement land policies. To re-focus the Act and secure economic development and easy access to land by both government and the citizens, the paper recommends that certain provisions of the Act should be amended and that government should muster the requisite political will to implement the law effectively, fairly and equitably. The paper also recommends that a new policy be enacted that would guide and favour real estate development in Nigeria.

Keywords

Examination, Land Use Act, Real Estate, Nigeria, Development

References

[1] Abraham, M. (2009). An Exploratory study of the factors that influence the capital structure of Real Estate firms in Kenya. Unpublished MBA, Thesis, Strathmore, University.

[2] Adegboy, R. O. (1967). The need for land reform in Nigeria. Journal of Social Studies 9, 339-350.

[3] Akintunde O. (2018). The Land Use Act and land administration in 21st century Nigeria: Need for reforms. Journal of Sustainable Development Law & Policy 9 (1) 81-108. DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.5

[4] Babade, T. (2003). Access to Urban Land in Nigeria: An Analysis of the Activities of Lagos State Land Use and Allocation Committee. In M. M. Omirin, T. G. Nubi, & S. A. Fawehinmi, Land Management & Property Tax Reform in Nigeria. Proceedings of a National Workshop organised by the Department of Estate Management, University of Lagos, Nigeria (pp. 105 - 132). Lagos: The Department of Estate Management, University of Lagos.

[5] Babalola, K. H and Hull, S.A. (2019). Examining the Land Use Act of 1978 and its effects on tenure security in Nigeria: A case study of Ekiti State, Nigeria. PER / PELJ 2019(22) - DOI http://dx.doi.org/10.17159/1727- 3781/2019/v22i0a5803

[6] Bolaji, W. A. (2011). Nigerian land system. 34-37.

[7] Bulloch, B. & Sullivan, J. (nd). The Key to the Real Estate Development Process.

[8] Chianu, E. (1992). Title to Improvements on Land in Nigeria. Benin: Ernslee Ltd

[9] Damilola, A. (2020). Land Use Act in Nigeria – Explained.

[10] Land Use Act 1978, The Complete 2004 Laws of Nigeria accessed 19 June 2018.

[11] Muli, N. F. (2013). An Assessment of the Factors Affecting the Growth in Real Estate Investment in Kenya. Unpublished MBA Thesis. University of Nairobi, Kenya.

[12] Nwocha, M. E. (2016). Impact of the Nigerian Land Use Act on economic development in the Country: Acta Universitatis Danubius. Administratio.

[13] Ojigi, L. M. (2012). An Evaluation of the efficiency of the Land Use Act 1978 of the Federal Republic of Nigeria and its implications in Minna and Environs.

[14] Ojigi, M. L. (2012). Geospatial mapping for crime indexing and monitoring in Minna and Environs, Niger State of Nigeria. Nigerian Journal of Surveying and Geoinformatics 2, 83-100.

[15] Okafor B. N and Nwike E. C. (2016). Effects of the Land Use Act of 1978 on rural land development in Nigeria: A case study of Nnobi. British Journal of Environmental Sciences 4 (3), 1-16

[16] Opafunso, Z.O., Bruno-Imokhai, J.O. and Akinbosade, B. A. (2015). Effects of the 1978 Land Use Act on sustainable mining and petroleum industries in Nigeria.

[17] Oseni, W. T. (2011). Doctrine of Equity and Statutes in Nigeria (2nd edn) 55-58.

[18] Otty, E. U., Nwosu, C. C. and Udobi, A.N. (2021). Critique of Nigeria land use Act of 1978. International Journal of Engineering Science and Computing, 11(6), 28115-28120

[19] Public land decree (1976) Public Land Decree No 23. Laws of the Federation of Nigeria, 1990 (Edn,): 24-26.

[20] Razak, S.E. (2011). The Land Use Act of 1978. Appraisal, Problems and Prospects. Pp 5-55.

[21] Uchendu, O. (1979). Land Use Act and Customary System of Tenure http://siteresources.worldbank.org/EXTARD/Resources/336681- 1236436879081/5893311-1271205116054/mabogunje.

[22] Udo, R. K. (1985). The Land Use Decree 1978 and its antecedent. University of Ibadan 44-46.

[23] Wilkinson, S., & Reed, R. (2008). Property Development. New York: Routledge.

[24] Windapo, A. O. (2007). Evaluation of the Roles of Private Developers in the Housing Delivery System in Lagos State

How to cite this paper

Ekwunife Chidubem Azie, Udobi Alexander Nnamdi "An Examination of Land Use Act of 1978 on Real Estate Development in Nigeria" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 27-34
Ekwunife Chidubem Azie, Udobi Alexander Nnamdi "An Examination of Land Use Act of 1978 on Real Estate Development in Nigeria" Iconic Research And Engineering Journals, vol. 5, no. 8, Feb. 2022
Ekwunife Chidubem Azie, Udobi Alexander Nnamdi (2022). An Examination of Land Use Act of 1978 on Real Estate Development in Nigeria. Iconic Research And Engineering Journals, 5(8).
Ekwunife Chidubem Azie, Udobi Alexander Nnamdi "An Examination of Land Use Act of 1978 on Real Estate Development in Nigeria" Iconic Research And Engineering Journals, vol. 5, no. 8, Feb. 2022.
@article{1703188,
      author = {Ekwunife Chidubem Azie, Udobi Alexander Nnamdi},
      title = {An Examination of Land Use Act of 1978 on Real Estate Development in Nigeria},
      journal = {Iconic Research And Engineering Journals},
      year = {2022},
      volume = {5},
      number = {8},
      pages = {27-34},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1703188.pdf},
      abstract = {This paper examines the Land Use Act of 1978 and its effect on real estate development in Nigeria. The study also addresses the problems of Land Use Act 1978. The Land Use Act was enacted in 1978 with the aim of stimulating economic development by ensuring effective and equitable utilization of land and land resources in the country. However, the objectives of the Land Use Act 1978 has been impeded by two major obstacles. The first is the inherent contradictions and defects in the law, and the second is institutional weakness and lack of political will to implement the Act fairly and equitably. The paper also discovered that the result of these rarities is a failure of the Act to fulfill some of its major objectives. Land Use Act is both effective in some areas and dysfunctional in others. This is because of the age of the Act and the lack of a pro-poor policy focus. The study found out that government policies/decisions on real estate development have not been effective over the years due to the failure of the government to implement land policies. To re-focus the Act and secure economic development and easy access to land by both government and the citizens, the paper recommends that certain provisions of the Act should be amended and that government should muster the requisite political will to implement the law effectively, fairly and equitably. The paper also recommends that a new policy be enacted that would guide and favour real estate development in Nigeria.},
      keywords = {Examination, Land Use Act, Real Estate, Nigeria, Development},
      month = {February},
  }