LAND TENURE SYSTEM IN NIGERIA

LAND TENURE SYSTEM IN NIGERIA.
There are various forms of land tenure system in Nigeria and land tenure system varies from one ethnic group to another.
The idea behind land tenure system in Nigeria is to regulate land ownership in the country. When land right are unsecured it leads to conflict, instability, tribal wars and discrimination but through land tenure system it makes room for secure land right and ownership.
Land Tenure System can be defined as the right of ownership a community or an individual holds with respect to land and other resources on and in the land.
A land tenure system defines the rules for allocating property right, how land should be used and managed in a region.

DIFFERENT TYPES OF LAND TENURE SYSTEM IN NIGERIA 

However there are different forms of land tenure system in Nigeria, they are 

• The communal land tenure system
• Open Access Land Tenure System
• Inheritance tenure system
• Leasehold tenure system
• Gift tenure system
• Rent tenure system
• Freehold tenure system
• Tenants at the government will
• Individual Land Tenure System   

Communal Land Tenure System 

As the name implies communal that is community. A communal land tenure system is a system that appoints the head of the community e.g. the Obas as the governing power of the land. Although the land is jointly belongs to the community, the head of the community takes decision of how the land is distributed.
An example of this system is the olden days Yoruba land. However this land is jointly own by the community and cannot be used as collateral to obtain a loan. However with the permission of the community, some portion of the land may be rented out to one of the member of the community for large scale farming.

Inheritance Land Tenure System
Inheritance tenure system, land ownership is transferred at the death of the main owner to the next of kin.
Under this system, land ownership is transferred on inheritance, the successor e.g. children become the owner of the land. However this land system has some disadvantages
1. It is difficult to determine the ownership of the land especially if it is polygamous home.
2. The land often becomes a reason for Dispute of beneficiary   

Leasehold Tenure System
Leasehold tenure system is also known as temporary ownership. Land may be leased or rented by its owner to another party. A leasehold land can be considered as personal property, so the tenant can use it as own land within period of the lease agreement. This system allows for permanent crop cultivation depending on the lease period but cannot serve as collateral for a home.   

Gift Tenure System
Under this the original landowner gives out the land to another person as a gift. Under this system the original owner who is giving out the land is called the grantor while the person receiving the land is called the grantee. The grantee has full right and access on the land and can be used as collateral to get a loan by the new land owner. However, the ownership status of the grantee can be revoked by court. 

Rent Tenure System
The rent tenure system is similar to leasehold tenure system, however the difference is that under the rent tenure system the duration of time the tenant is allowed to use the land. The rent tenure system duration is for a short period of time while under the leasehold tenure system the period is usually for a long time. E.g. 99 years. However the disadvantage of this system is that it discourage long term plan on the part of the tenant.   

Freehold Tenure System
This is also known as purchase system, this is when someone pays money to purchase a piece of land or some part of a piece of land. Under this system, land can be used as collateral for d loan but the purchase of this land under the system is expensive.
Tenants at Government Will
Tenant at government will system is whereby land is given out to people by the federal government of Nigeria. The government can give some area of land to a person to use for agricultural purpose this land cannot be used as collateral and ownership by the person that the land is giving to is not permanent but temporary.

Open Access Land Tenure System
Open access land tenure system is a tenure system where ownership right is not allocated to anybody and nobody can be excluded. Everyone is allowed to freely use the land however they want.
Open tenure includes marine residency, forestry where animals are allowed to graze freely on the land.   

Individual Land Tenure System
In individual land tenure system, land can be owned and managed by individual. The owner of the land can decide what to do with his land, e.g. sell, lease and can also be used as collateral for loan.
All the forms of land listed above are the forms of land system that are available in Nigeria.
Land tenure system refers to the possession or holding of the many rights and responsibilities associated with a parcel of land. These rights may include the right to access to the land, the right to succession, the right of transfer and the right to determine changes in the land use.
Land tenure arrangements may be formal (recognized by the state) or informal (traditional or customary).
However there are advantages or importance of land tenure system. They are:
• Land tenure system is important in response to concerns for food, security and poverty alleviation
• Responses to concern of environment sustainability, social conflict and security of the vulnerable are affected by land tenure. Failure to consider land tenure implications at the beginning of an intervention is likely to result into unanticipated outcomes and may lead to it not generating an improvement.
• Land tenure system helps in organization of pillars of rural economies and society that helps define economic and contractual relationship forms of cooperation and social relationship.
• Environmental sustainability, social conflict, food security mostly affected by land tenure system and have an impact on land tenure so failure to consider land tenure may lead to result of those things

However land tenure system also has negative impact on the society. They are:
• Lack of third party influence on the control of land has led to the abuse and misuse of natural resources.
• Rendering farmers landless: Some form of tenure system rend farmers landless are unable to gain access to the land through sale and inheritance migrate to areas where farmland are relatively abundant.
• Massive destruction of cultural and economic trees useful to rural economies. The indigenous trees protected by the people are mostly destroyed in mechanized agricultural production thereby endangering the diversity of indigenous plant species.  

WRITTEN BY:
CHAMAN LAW FIRM
EMAIL: chamanlawfirm@gmail.com, info@chamanlawfirm.com
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