Problem and Prospect of Land Registration in Nigeria
Chapter One
OBJECTIVE OF THE STUDY
The main objective of the study is to ascertain the problem of land registration in Nigeria. But for the successful completion of the study, the researcher intends to achieve the following sub-objective;
- To ascertain the challenges of the documentation process in land registration
- To evaluate the relevance of land registration in town planning
- To address the problem of land registration in Nigeria.
- To evaluate the prospect of land registration on infrastructural development
CHAPTER TWO
REVIEW OF RELATED LITERATURE
Introduction
This study considers some of the work undertaken as part of the Security Justice and Growth Program (SJG) in Nigeria. The program, funded by the UK Government’s Department for International Development (DFID), started life as an Access to Justice (A2J) program but after an inception review it was decided to extend the scope of activities to include proper economic growth issues. The logic behind this change was that Justice reform issues by necessity needed to include an economic dimension because without the opportunity to obtain a livelihood what justice could exist. Furthermore, it was recognized in DFID’s analysis of the “Drivers for Change” in Nigeria and their country plan for Nigeria that growth in the non-oil sector of the economy was essential if the Millennium Development Goals (MDGs) were to be achieved and if pro-poor growth was to be encouraged. When the growth component of the programme was conceptualised it was considered that three particular foci should be addressed. Firstly, there was to be an attempt to strengthen the legal environment; secondly, there was to be an attempt to streamline the regulatory environment; finally, there was to be support for the anti-corruption institutions. The intention was that the net effect of these interventions should result in an enhanced enabling environment for pro-poor economic growth in the non-oil sector. During the scoping visits, undertaken to establish the growth component, one area of consideration was the question of land registration and land administration. In Nigeria a number of specific issues emerged to form this focus. Firstly, the current system of registration after the years of military rule was in a somewhat parlous state. A number of the registries visited were insecure physically and could easily have been destroyed by water or fire damage or even insect attack. Secondly, the registries were in some instances insecure from attack by unscrupulous individuals who wished to destroy, alter or simply steal documentation. Thirdly, a continual theme emerging from discussion was the lack of collateral available to potential economic actors. Uncertainties regarding the status of land documentation and delays in the process slowed the development of land and property markets and made the development of lending difficult to advance or sustain. It was for these reasons that the growth component began to work with a number of registries. Our aim in the first instance was fairly modest – we wanted to support local administrators and state governments who had already recognized the necessity for reform and refurbishment and to assist them to reach their objectives. The rest of this paper considers the logic that lay behind this strategy and then considers a brief case study of Lagos state land registry.
LAND REGISTRATION SYSTEM IN NIGERIA
Land Registration Act No. 36 of 1924 is the law regulating registration of instrument in Nigeria which is enacted for the whole country adopted and re-enacted in some states under different nomenclature. The law prescribes registration of any instrument executed before or after the commencement of this law. To facilitate registration the law establishes in every state a land registry under a land registrar charged with the responsibilities of registering instruments affecting land in the state and to keep registered books and file in relation thereto. Modern methods include computerization of the whole process in addition to the use of Geographic information system (GIS) and Land Information System (LIS). These methods have helped to enhance the process/system of registration and also gives a well defined details, measurements and design efficiency. Land registration Act, (1924) defined registrable instrument as a document affecting land whereby one party called the grantor confers, transfers, limits, charges or extinguishes in favor of another party called the grantee any right or title to the interest in land and includes a certificate of purchase, a power of Attorney under which any instrument may be excluded but does not include a will. Registrable instrument includes an estate contract, a deed of appointment or discharge of trustee containing expressly or impliedly a vesting declaration affecting any land. Therefore, it is generally agreed that a registrable instrument is a document, which transfers or creates a right, title or interest in land to or in favour of the grantee. But a will is expressly excluded from the ambit of registrable instruments. Consequently, a sales receipt, purchase receipt is not a registrable instrument if it is a mere acknowledgment of sales or payment and does not confer or transfer interest in land. A document which split portion of land, which transfer separate interest to the different individuals, is a registrable instrument. But where it does not transfer or extinguish any right in law, it is not registrable. A contract made by a person with an interest in land is registrable from the date of the contract; equally an instrument creating an equitable mortgage is registrable as an estate contract.
CHAPTER THREE
RESEARCH METHODOLOGY
Research design
The researcher used descriptive research survey design in building up this project work the choice of this research design was considered appropriate because of its advantages of identifying attributes of a large population from a group of individuals. The design was suitable for the study as the study sought to examine the problem and prospect of land registration in Nigeria.
Sources of data collection
Data were collected from two main sources namely:
(i)Primary source and
(ii)Secondary source
Primary source:
These are materials of statistical investigation which were collected by the research for a particular purpose. They can be obtained through a survey, observation questionnaire or as experiment, the researcher has adopted the questionnaire method for this study.
Secondary source:
These are data from textbook Journal handset etc. they arise as byproducts of the same other purposes. Example administration, various other unpublished works and write ups were also used.
Population of the study
Population of a study is a group of persons or aggregate items, things the researcher is interested in getting information on the study problem and prospect of land registration in Nigeria. 200 staff of ministry of Land and housing was selected randomly by the researcher as the population of the study.
Sample and sampling procedure
Sample is the set people or items which constitute part of a given population sampling. Due to large size of the target population, the researcher used the Taro Yamani formula to arrive at the sample population of the study.
CHAPTER FOUR
PRESENTATION ANALYSIS INTERPRETATION OF DATA
Introduction
Efforts will be made at this stage to present, analyze and interpret the data collected during the field survey. This presentation will be based on the responses from the completed questionnaires. The result of this exercise will be summarized in tabular forms for easy references and analysis. It will also show answers to questions relating to the research questions for this research study. The researcher employed simple percentage in the analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
Introduction
It is important to ascertain that the objective of this study was to ascertain the problem and prospect of land registration in Nigeria.
In the preceding chapter, the relevant data collected for this study were presented, critically analyzed and appropriate interpretation given. In this chapter, certain recommendations made which in the opinion of the researcher will be of benefits in addressing the challenges of land registration in Nigeria.
Summary
It should be noted that, registrable instrument that is not registered is inadmissible in evidence as proof of a transfer of an interest though it may be admitted as acknowledgement of payment. Where there is more than one instrument executed by the same grantor relating to the same land priority is determined by the date of registration where there are rival claimants. In all cases where registration of an instruments it required by status, the fact of such registration does not cure a defect in the title of the grantee. Thus, where such grantee had no valid title in law before registration of his title, it cannot be validated by registration. Enhanced land registration system will improve the socio-economic condition of the inhabitants since the system will incorporate the norms of best practices aimed at improving Nigerian land titling and registration. This will create land markets and enhances accessibility to credit facilities and hence eradicate poverty.
Conclusion
In order to ensure the sustainability of the effective and efficient land title registration that the ministry of land Registry seems to have achieved in Nigeria, especially with the introduction of Electronic Data Management System (EDMS}. The state government needs to improve on this level and as the trailblazer in this industry in Nigeria should create impact on other states land registry, so that the country could as well capture all its land parcels. To achieve this goals the federal government initiative in federal land information system (FELIS) and Abuja geographic information system (AGIS).
Recommendation
It is recommended that; Provision of new infrastructure; this will greatly create awareness for the people that government to really showing some interest in the development of the area. Government should try and educate the people in the area to create a clear understanding of Land policy. In particular, there individual responsibility, there right of ownership, how to register therein little and the benefit of Land title registration. Government should stimulate land title registration interest and conversion of customary titles to statutory right of occupancy at a very low rate with minimum delay. Introduction of alternative land registration policy measures in Nigeria to include; cadastral survey/mandatory land registration, simplification of customary title registration, adoption of the Social Tenure Domain Model (STDM) as a technique and removal of the LUA from the Constitution.
Reference
- Arnot, Bob and Meadows, John S 14 Innovations in Land Administration Processes and TS14.2 Reforming the Land Registration Process in Nigeria, College of Estate Management Valuation Handbook, 2010.
- Dale, Peter F. Cadastral Surveys and records of rights in land. Rome: Food and Agriculture Organization of the United Nations, 1996 [Based on the 1953 study by Sir Bernard 0. Binns].
- De Soto, Hernando, the Mystery of Capital, New York: Basic Books, 2000
- Dowson, Sir E. and Sheppard, V. L. 0. Land Registration. London: HMSO, 2nd edition, 1956.
- Dr. Alec McEwen Emeritus Professor of Geometrics Engineering University of Calgary; the Significance of Land Title Registration: A Global Perspective
- ECE. Land Administration Guidelines: With Special Reference to Countries in transition. Geneva:
- Economic Commission for Europe, 1996.Hanstad, Tim. Land Registration in Developing Countries. Seattle: Rural Development Institute, 1996.
- Larsson, Gerhard. Land Registration and Cadastral Systems: Tools for land Information and management. London: Longman, 1991.
