LAND USE ACT (DECREE) OF 1978

Land Use Act [Decree] of 1978, Chapter 202 Laws of the Federation of Nigeria:
- Addresses four important issues arising from the former land tenure systems in the country: the problem of lack of uniformity in the laws governing land use and ownership; the issue of uncontrolled speculation in urban land; the question of access to land rights by Nigerians on an equal legal basis; and the issue of fragmentation of rural lands arising from the application of traditional principles of inheritance and/or population growth and the consequent pressure on land.

- It approaches these issues via three related strategies: the vesting of proprietary rights in land in the State; the granting of usufructuary rights in land to individuals; and the use of an administrative system rather than market forces in the allocation of rights inland.

Credit - pulse.ng 

- Vests all land compromised in the territory of each state, except land vested in the federal government or its agencies, in the Governor of the state, who will hold such land in trust for the people and will be responsible for allocating land in all urban areas for residential, agriculture, commercial and other purposes; similar powers, with respect to non-urban areas, are conferred on local governments which may grant rights of customary occupancy for land to be used for agricultural purposes.

- In each state, a Land Use and Allocation Committee shall be established. This committee shall be responsible for advising the Governor on land management and resettlement issues. The Governor may declare that urban areas and land controlled by the military shall be administered separately.

- The Governor may, in respect of land, whether or not in urban areas, grant statutory rights of occupancy to any person for all purposes and grant easements appurtenant to statutory rights occupancy.

- The Governor may waive all or any of the covenant or conditions applying to a right of occupancy.

- The local government may grant rights of customary occupancy for land to be used for agricultural purposes.

- The Act further defines rights and duties of occupants and regulates the determination and payment of rents, the alienation and surrender of rights of occupancy, revocation of rights of occupancy and compensation therefore and some other matters of miscellaneous character. It shall be lawful for the Governor to revoke a right of [customary] occupancy for an overriding public interest.

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