Problems of Land Tenure System in Nigeria

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Firstly, what does the term, land tenure system mean?









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Land tenure is an institution with rules invented by societal norms or

government laws in order to define access, allocation, use, and

control of the land. Land tenure is used to regulate behaviour and

relationships with respect to land. Land tenure systems are important

because they determine who can use what particular land, duration to

be used, and under what conditions.



In Nigeria, there are various land tenure systems in operation in

different places. The land tenure system in Nigeria is used to

regulate land ownership and usage behaviour in the country. Below are

the various forms of land tenure systems in Nigeria, they are:







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Inheritance Tenure System

Leasehold Tenure System

Rent Tenure System

Gift Tenure System

Freehold Tenure System

Tenant at Government will



You might be wondering the importance of land tenure systems. Land

tenure systems are important for the following reasons:Land tenure

system helps to foster economic growth through activities such as

farming, sales, investment, etc.

Land tenure systems determine the security of land rights and ownership.

Land tenure system also determines the inclusion of vulnerable groups

of people in the society such as women and low-income earners and

their right to own or inherit the land.

Land tenure systems also reduce conflict: This is because when land

rights are not secure by law, it could lead to conflict, war, and

instability.



Problems of Land tenure systems in Nigeria







Communal Ownership



The indigenous land tenure system operating in Nigeria is communal

ownership. This means that anyone can have access to the land as long

as they are members of the community by birth. Under the communal

ownership tenure system, rights to natural resources such as land,

plants, animals, and water are also commonly owned.







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The effect of communal ownership of land is that everyone is able to

have access to, exploit and manage all other resources that have to do

with land such as hunting of animals, collection of firewood,

harvesting of fruits, farming of livestock, etc. The community also

has the right to allocate land to individuals for the purpose of

individual or household farming. There is a common group interest that

composes of family and the entire village. Under communal ownership,

the power to control of land is given to a council of chiefs or elders

who hold the land in trust for all members of the community. One of

the advantages of communal ownership is the sustained conservation of

natural resources. This is because natural resources are used for

different purposes such as traditional health care delivery, food

source, and even as a means of livelihood for many households. Most

communities also have traditional rules, regulations, and taboos which

helps to conserve natural resources. Such an example is the

reservation of forest for shrines or those regarded as evil and

forbidden bushes. However, the world has become more secularized and

these traditional rules and taboos have eroded or evolved with time.

There is also the inability to enforce these traditional rules above

state laws. Thus, these traditional methods, although suitable for

conservation of resources cannot meet with modern requirements.



Inheritance Tenure System



Another land tenure system is the Inheritance Tenure system where

people own lands individually via inheritance. This tenure system is

encouraged by the commercialization of agricultural products such as

cash crops, cocoa, rubber, etc. With the inheritance tenure system,

people have strong ownership of land and dominant user rights.



An advantage of the Inheritance Tenure system is that landowners have

full control of land which encourages crop farming and production.



Disadvantages of the Inheritance Tenure system



Misuse and Abuse of land: This is because no other party has any

influence over the control and use of land. The misuse and abuse of

land can lead to other problems such as erosion and general

degradation of the soil which then affects farming and economic

activities.







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Inequality: The individual land tenure system also allows for unequal

access to land. The individual land tenure system has led to the

concentration of land in the hands of just a wealthy few and then

depriving others of ownership opportunities.



Rendering farmers landless: The individual tenure system makes farmers

not have land because they have no access to the land via sale or

inheritance. Farmers are then forced to migrate to areas where

farmlands are relatively abundant and leave an area of the country

lacking in farming activities.



Leasehold Tenure System



The leasehold tenure system allows a person to own a land temporarily.

Under the Leasehold tenure system, the temporal owner is called a

tenant while the principal owner is called the Landlord. An advantage

of the Leasehold Tenure system is that it encourages farming

activities such as crop cultivation (depending on the duration of the

lease)



A disadvantage of the Leasehold Tenure system is that land leased

cannot be used as security for loans.



Gift Tenure System



The gift tenure system as the name implies means the voluntary

transfer of land ownership rights from one person to the other. Land

under this tenure system can be used as collateral to get a loan.

Also, the new landowner enjoys the full benefits of land use. The

downside to this tenure system however is that land ownership can be

revoked by a court order.



Rent Tenure System



The rent tenure system is quite similar to the leasehold tenure system

with a difference only in the duration of time with which the tenant

is allowed to use the land. While a lease period could go on for many

years, land rent is usually shorter. The owner has the land-only

temporarily. The rent tenure system does not encourage long term

planning.







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Freehold Tenure System



Under the freehold tenure system, an individual or a group buys the

right of ownership to land. Although buying land under this tenure can

be expensive, the land can however be used to secure loans.



Tenants at Government Will



This tenure system is the government that gives a portion of land to

an individual or a community. Under this tenure system, the individual

or community has full usage of the land, however, the land cannot be

used as collateral for the loan.





















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