LUA Amendment Prof MBNuhu final

Potchefstroom Electronic Law Journal, 2019

The Land Use Act of 1978 (LUA) has failed to achieve some of its objectives. The rural poor and the vulnerable are those most affected. The failure is ascribed to problems inherent in the Act and poor implementation. This paper discusses the effect of the LUA on the customary ownership of land and its effect on the tenure security of the rural poor. Using a conceptual framework for guiding cadastral systems development, the critical areas of the LUA as pertains to tenure security are analysed for the degree of their success, sustainability, and significance. The framework looks at the underlying theory, the drivers of change, the change process, and the land administration system. A mixed methodology approach was adopted for the study, using a single case study. Three groups of respondents contributed to the study: land professionals, civil servants and students. The study found that securing title to land is difficult, compensation provisions need to be reviewed, formal land registration is not in the interest of the poor, land is not available at an affordable rate, land speculators are still active in Nigerian land markets, the composition of the two committees is inadequate, and the refusal to grant certificates to people below the age of 21 is age biased. It further revealed that the power granted to the governor is enormous and unnecessary. The findings showed that the LUA 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. Based on these findings recommendations were made, including that a new policy be enacted that includes propoor policies and customary laws. The LUA is found to be useful in urban areas, but not in solving land-related problems in rural areas. This study provides an understanding of the legal holding of land in Nigeria.

2015

2015

Nigerian Current Law Review 2007 - 2010 NIALS Lagos, 2010

This chapter sets out to examine the provisions of the Land Use Act with particular reference to the nature of the tenurial system created and the type and quantum of rights derivable thereunder. The paper will particularly focus on the nature, incidents, and implication of a deemed grant vis a vis an express grant with a view to highlighting the dichotomy and divergence in the nature and duration of rights created and the implication for the present and futureimplementation of the Land Use Act. This is particularly imperative given the disposition of the current government desire to reform the Land Use Act after more than 30 years of operation.

Policy Brief, 2020

Landless Dalit and Sukumbaasi (informal settlers) should be provided land for housing and agriculture based on livelihood requirements (of family) and land availability ensuring full ownership according to 18 th Amendment to the Land Related Regulations, 1964 (Rules 41b and 41c)

International Journal of Engineering Applied Sciences and Technology, 2021

The 1978 Land Use Act has a provision that vests ownership of Nigerian land in state/public sector management (LUA). Injustice, loss of land market, lack of fairness, transparency, and inaccessibility of land to the urban/rural poor have all plagued the LUA's implementation over the years. As a result, the critiques vary from an insufficient payment of compensation to the State's improper application of the LUA's requirements, as well as the isolation of LG councils and the urban poor in the execution of the LUA. These comments are supported by the physical inspection and contact with stakeholders in the studied area's land rights. These comments are supported by the physical inspection and contact with stakeholders in the studied area's land rights. The LUA has been proven to be too complicated for the average person to understand, to be exceedingly expensive and oppressive, and to be geared toward governmental needs. The study's goal is to examine present m...

Southern African Public Law, 2018

The Gauteng High Court declared section 2(1) of the Upgrading of Land Tenure Rights Act 112 of 1991 unconstitutional, predating the unconstitutionality from 1994. 1 The Court found that the upgrading excluded women from the upgrading process. However, Jacobs argues, such a declaration may have unintended consequences because this judgment, although laudable for its intent to protect a women against eviction, may result in tenure insecurity for thousands of people who had gained tenure security since 1991. 2 She states that it throws into question the already upgraded land titles, previously issued in terms of the above-mentioned proclamation, of vast urban areas within what were the segregated townships of the apartheid era. This would have immediate effects on property sales, eviction proceedings and banking finance, to name just a few. Many of the already upgraded properties have been sold and resold and the historical circumstances of each property will vary.

Local Case Studies in African Land Law

SSRN Electronic Journal, 2015