The impacts of the land use act cap l5, laws of the. L5 lfn 2004 the lua is the principal legislation governing the acquisition of interests in real property. Nigeria g o 2004 land use act in nigeria f g o ed cap l5 lfn 2004 abuja from business 102 at the allied college of education, gujranwala. In nigeria, the debate has continued to rage as to the domicile of. Acquisition of real property, tax registration and other matters. Compulsory land acquisition and compensation in ghana. The land use act lua of 1978 now cited as laws of the federation of nigeria, cap l5 lfn 2007, stipulates the use of depreciated replacement cost drc method in the valuation for compensation purposes for building and installation. In southwestern nigeria, theres a wills legislation, will law cap 3. This paper sets out to examine the concept of ownership with respect to land within the confines of the provisions of the land use act and in the light of the diverse positions taken by scholars and commentators on the provisions of the act. The development on the leased land is exempted from cgt charges because such gain on the leased plots is for the purpose of fostering the economic development of the fct as such the purchasers as original beneficial owners of the developments are not liable to payment to cgt charges to fcda. The nigerian land use act 1978 is the principal legislation that regulates contemporary land tenure in nigeria.
The land use act and land ownership debate in nigeria. Land use act for each state to which such permit or licence relates. The principal enactment that regulates the allocation of land in nigeria is the land use act. Department of estate management, rivers state university of science and technology. In a revocation of rights of occupancy and payment of compensation in pursuance of section 28 of the land use act cap l5, lfn. Laws of federation of nigeria 2004 7 asserting that the provision does not expropriate or extinguish individual land rights. Nigeria g o 2004 land use act in nigeria f g o ed cap l5 lfn. Relevant laws for the assignment section 2 of the exclusive economic zone act, cap e11, lfn 2004. Cap l5, laws of the federation of nigeria 2000 originally enacted in 1978. Nigerias land use act from 1978 abolished all existing freehold. Strata title and the nigerian real estate sector detail. No authority may acquire or lease land or take over any existing project without the knowledge and consent of the state governments in its area of operation. Oil exploration licences, oil prospecting licences and oil mining licences.
The factories act cap f1 laws of the federation of nigeria 2004 was solely enacted for the protection of the occupational safety and health of nigerian workers in all occupations. Impact of the nigerian land use act on economic development in. Harmful wastespecial criminal provisions act cap h1 lfn2004 vi. Land use act chapter l5 laws of the federation of nigeria 2004. Any person who, as a result of the project, loses the right to own, use or otherwise benefit from a built structure, land residential, agricultural, or pasture, annual or perennial crops and trees, or any other fixed or moveable asset, either in full or in part, permanently or temporarily. The cap l5 lfn 2004 a frame work for a national land policy in nigeria. Trust under the land use act is very fundamental to an understanding of how the lua functions. Land use act chapter l5 laws of the federation of nigeria 2004 an act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would. The lua does not distinguish between a right or interest in or over land as separate from the interest in the improvements on the land as both are seen to go hand in. The lagos state government has come out with a new regulation to 1 no.
The national land use planning commission act cap 116. N62 lfn 2004 section establishment of the national office for technology acquisition and promotion. Specialist advice should be sought about your specific circumstances. Does the act exempt developments on a leased land from. The environment, oil and human rights in nigeria 89 xi. The governor grants through the issuance of a certificate of occupancy under section 91a by exercising the power under section 51a. Acquisition of real property, tax registration and other. L5 laws of the federation of nigeria 2004 section 1, land use act cap 202 laws of the federation of nigeria, 1990. Ifeanyi arthur okowa, stated that notice was given that the rights of occupancy in respect of all the parcel of lands along asababenin express road between. Nigeria g o 2004 land use act in nigeria f g o ed cap l5.
Land use act chapter l5 laws of the federation of nigeria 2004 arrangement of sections part i general 1. Section 5 sub section 1 land use act cap l5 lfn 2004. Introduction to nigerian legal method the 1999 constitution of federal republic of nigeria. Pdf land use act chapter l5 laws of the federation of. The land amendment act, 2004 arrangement of sections section title part i preliminary provisions 1. Family berates okowa over unlawful possession of land. Prior to 29th march, 19781 when the land use act was enacted, there were land laws2 which governed land tenure systems in nigeria before, during and after the advent of the 1 the land use act no. Applicability of the consent requirement of the nigerian land use. The lua does not distinguish between a right or interest in or over land as separate from the interest in the improvements on the land as both are seen to go hand in hand cuius est solum,eius est usque ad coelum et ad inferos. Pdf the land use act and land ownership debate in nigeria.
Land use act chapter l5 laws of the federation of nigeria 2004 arrangement of sections part i general. This section vests ownership of all land situate in a state in the governor of the state. According to the amended personal income tax amendment act 2011, cra is the consolidated relief allowance, which combines all previous reliefs housing, utility, transport, leave, allowances, etc. Our section 16 of the interpretation act 1964 now cap 191 lfn 2004, explicitly gives us another meaning of land. Comprehensive development and zoning on real estate development in hong kong land use policy 18, 3228. These are the extra extras, they are not compulsory but you can add specific things you want put down in writing e. But that the section prohibits transaction whereby the holder of the statutory right of occupancy. Alienations under the land use act and express declarations of. The procurement and revocation of certificate of occupancy. Jun 15, 2012 by virtue of sections 21 and 22 land use act cap l5 lfn 2004, governors consent is one of the prerequisites of a valid mortgage, legal or equitable. National oil spill detection and response agency establishment act, cap n157 lfn 2006 v. Subject to the provisions of this act, all land comprised in the territory of each state in the federation is hereby vested in the governor of that state, and such land shall be held in trust and administered for the use and common benefit of all nigerians in accordance with the. The lua now known as cap l5, lfn, 2004, which was enacted in 1978 replaced the plural land tenure. Sequel to the provision of section 43 of the constitution of the federal republic of nigeria, a question comes to mind.
Land use act chapter l5 laws of the federation of nigeria. Sep 23, 2017 it is firmly entrenched in the section 1 of the land use act cap. Insecurity, ruga and amendment of extant laws the sun. By virtue of sections 21 and 22 land use act cap l5 lfn 2004, governors consent is one of the prerequisites of a valid mortgage, legal or equitable. Additionally, larbi 2008 in a study on compulsory land acquisition and compensation in ghana observed that only 3. The use of urban and regional planning act lfn 2004 and. Valuation for compensation on land and buildings compulsorily acquired for public purposes is statutory.
Failure to obtain governors consent where it is required renders the mortgage void and ineffectual. Doc the land use act and land ownership debate in nigeria. In this act, unless the context otherwise requires the act means the land act, cap. List of chapters of the laws of the federation of nigeria 2004 lfn 2004 the serial numbers of the chapters may not show properly on small screens like phones and some tablets. These issues combine in nigeria to make it difficult to access land for housing estate provision even when the land use act cap l5, lfn, 2004 has vested all land in the territory of each state into the hands of that state governor to administer for the people and to issue certificate of occupancy where it is justified to do so. It is important to note that there are many functions of law depending on the angle the authors are writing from. Real estate 2020 laws and regulations nigeria iclg. The national land use planning commission act an act to provide for the establishment of the national land use planning commission, to provide for its functions and for related matters.
Family petition delta government over unlawful possession. The most important oilrelated legislations in nigeria include. The land use act cap l5, lfn 2004 lua provides the framework of land ownership, use and management in nigeria. All urban land is in the ownership, control and management of the governor, while ownership, control and management of rural land is vested in the local government. The land use act, was promulgated by the federal military government during the require of gen. Hitherto to the enactment of the land use act, the power of control and allocation of. Lfn 2004 2 these preexisting land laws includecustomary, received english land laws and the land tenure law 2 colonial masters. The land use decree was promulgated by the federal government of nigeria on 29 th march, 1978. The official chapter numbers will be added as soon as possible, e. The impacts of the land use act cap l5, laws of the federation of nigeria, 2004, the 1999 constitution of the federal republic of.
Abubakar tafawa balewa university, bauchi act is cap. Oil pipelines act nigerian law intellectual property. In section 1 of the act, it provides that all land comprised in the territory of a state within nigeria is voted in the government of that state and such land shall be held in. The concept of dualism of title to land in nigeria american. The petroleum act 1969 now cap10 lfn 2004, oil pipelines act 1956 now cap. In this chapter, this project examines the land tenure system before and after land decree of 1978, land tenure under the land use act and the purpose of the cap l5 lfn 2014. One of the most respected statute governing real estate transactions in nigeria is the land use act, cap. Under the lua, legal title to all land in each constituent state in the nigerian federation is vested in the governor of such state, who holds same in trust for the people of the state. Compensation for land and building compulsorily acquired. The practice breeds corruption, fraud, deceit and forgery in public life. Insecurity, ruga and amendment of extant laws the sun nigeria. With respect to use of stocks and shares of a company as security for loan, it is noteworthy that a private limited liability company ltd is required by section 222 of the companies and allied matters act cap c20 lfn 2004 cama to restrict the transfer of its shares by its articles of association. West african gas pipeline project special provisions etc act cap w8 lfn.