IMPACT OF LAND USE ACT ON PROPERTY DEVELOPMENT IN NIGERIA (A CASE STUDY OF ILORIN)

SYNOPSIS

        The land use decree otherwise known as decree No 6, 1978(Land use Act) is one of the most controversial statues passed during the first is years (1966-1979) of the military rule in Nigerian. It abolished fee simple interest (freehold and made every land owner a tenant of the Government by vesting all the land mass in any state (except land already acquired by the Federal government) in the government of the state to hold in trust and for the use of all Nigerian. It reduced indirectly the largest interest anybody can hold in land to 99years lease, thereby converting all the fee simple interest to a term of not more than 99 years.

        For the purpose of this study (project) the objectives of the land use Act of 1978 will be critically considered, the impact of the land use Act on property development in Ilorin, Kwara state will be examined.      

        Also, the conflicts in the Land use Act, the problems for the past years will be looked into and the possible solutions to the problems in the nearest future will be suggested.   

CHAPTER ONE

1.0   INTRODUCTION

        Development has a very wide meaning, among Architects, Engineers and surveyors, it generally means the process of carrying out construction works which are associated with a change in use of land or of land with its buildings or with a change in the intensity of the use of land or with the re-establishment of an existing use, such works would include the alternation of roads and drains, the building of river wall or even the layout of a plain field.

        In the same vain, development has been defined by statue; the best know being the town planning laws in Europe, America and Africa. The most celebrated of them all, the British town and country planning Act 1947 has defined development in section 12(2) as the carrying out of building, engineering mining and other operations in, on, over or under land or the making of any material change in the use of any buildings or other land.

        There are many kinds of developers; however they can all be broadly classified under two main groups i.e. private and public developers. Public defers to those developers who are part of the government. Example Federal Government, states and local government agencies. Nigeria ports Plc, power Holding company Nigeria and others. Amongst the private developers are private individuals, insurance companies, Banks joint stock companies’ e.t.c

        In this country, even though the property development industry is still largely under developed or rather uncoordinated, there are some companies like HFP or individuals like Alhaji Rasaki A. Okoya in Lagos that have been involved in large scale property development mainly in and around Lagos.

        However, most of the large scale commercial developments are still undertaken by Banks, Insurance companies and so on. These developments are big and large for their use and sub-letting only if there are surplus lettable spaces. The Federal and state governments also embark on property development through the National Housing Programme and State Housing Corporations respectively. These are mainly in the areas of residential accommodation.

        It is still rare to find property developers in Nigeria compared to U.K (United Kingdom) and U.S.A (United State of America) putting up gigantic office blocks or, shopping centers and on completion, setting them off for profit. This is because of the difficulties of raising substantial capital from the money or capital market, lack of local manpower with the necessary expertise to undertake such developments or persons with large hearts to take such bold decision interwoven incalculable risk.

1.1   STATEMENT OF THE PROBLEM

        Development/Re-development means adding capital to land resources to alter the natural state or form, changing the use of land, demolishing old structure and erect new ones. Property development contributes its own quota to the housing and economic development of the country and equally to serves as source of income to the investors.

         There are some problems associated with property development such as non-availability of land for development, revolution of right on land and various land policies. All these and other things are examined in this study.