THE PROBLEMS AND PROSPECTS OF LAND REGISTRATION IN NIGERIA

THE PROBLEMS AND PROSPECTS OF LAND REGISTRATION IN NIGERIA: A CASE STUDY OF UYO LGA

CHAPTER ONE

INTRODUCTION

1.0 BACKGROUND OF STUDY

In almost every part of the world, land accessibility and acquisition for major projects are excessively time consuming, costly and administratively cumbersome. For developing countries in the world (Nigeria inclusive), the inaccessibility of land is rapidly becoming one of the most serious impediments to social and economic development to a large extent, this problem is attributed to the lack of readily available and accurate data describing the property boundaries and ownership.

In the normal sense, within our communities there must be and should always a difference between the methods of issuing the title to personal property. And those to real estate property. It is normally agreed that possession is the only evidence of title demanded by the seller of the personal property. But since possession of real estate is not necessarily evidence of ownership and since the ownership of real estate property involves the investment of huge capital and large sum of money, it has become necessary to device a system of tracing title to reach estate base on not only possession but upon a careful examination of the public records from which investors in real estate can extract details which will convince the buyers that their money is safe.

In most developing countries, the absence of land data has made the private sector to deviate from large-scale development for housing, industry, transportation. On the other hand, government and private individuals in most of the countries have not recognized the importance and significance of land registration, and this has given rise to avoidable law suit in our law courts. Thus, the purpose of this research is centered on appraising the problems associated with land registration and why titles still fail to arrest the situation and to suggest possible ways of improving the system using (UGIS) as case study.

STATEMENT OF RESEARCH PROBLEM

The problems associated with the title registration are not only peculiar in Nigeria, it is a universal problem and even more pronounced in the area of study due to the increase or migration of people from rural areas to urban areas in search of greener pastures, countries like Marshalls land, Timor-Leste face worse title registration as compared to Nigeria. Lack of true and exact description of legal right in land, absence of protection of right for all classes of land holders. However, this research work intends to examine why in the study area, land and refortifying its disputes are the problems associated with non registration of title as enumerated above.

AIMS AND OBJECTIVES

The aim of this research is to examine the problems associated with land registration in Enugu and to suggest ways of improving the process. To achieve this aim, the following objectives shall be pursued.

i.  To review the concept of land registration.

ii.  To assess land registration process in the study area.

iii.  To identify the problems militating against effective re-land registration process.

iv.  To assess the prospect of land registration in the study area and;

v.  To identify the problems associated with land registration and suggest ways of improving them.

SIGNIFICANCE OF THE STUDY

The outcome of the study will help Enugu geographical information system (UGIS) and other related establishment to

a) create a sound data base that will be giving information to the property market.

b) create robust register for the structure of land use and land registration.

c) subsidize the initial creation cost of land administration system (Obansa 2007)

d) facilitate sustainable and standing land reform.

e) monitor development project and the impact they have on the environment.

f) have an update of and information in Enugu.

SCOPE OF THE STUDY

The research is undertaken to examine the problems and prospect of land registration in Enugu (especially Enugu municipality) the choice of Enugu is motivate by;

a)  Convenience since the researcher is familiar with the study area; this will determine the ease of data collection.

b)  Enugu has unique land problem because of the position as the capital of Enugu state.

THE STUDY AREA

HISTORICAL BACKGROUND

Enugu is a city and local government area in south-East Nigeria and is the capital of Enugu State, a major oil producing state . The town became the capital of Enugu State on September 23, 1987. The University of Enugu resides in this town. The population of Enugu, according to the 2006 Nigerian Census which comprises Enugu.

The Land Use Act 1978 is the principal law guarding land acquisition, resettlement and its allocation o all eligible Nigerians, private sector, government organization and non government organizations. It provides for the government to hold land for the use and common benefit of all Nigerians for realization of equity, fairness and justice in the control and management of land, resettlement and compensation purposes. These ideas cannot be achieved without adequate and efficient land administration tools. One of those tools of course is a reliable and up to date land records.