Presentation on theme: "Systematic Land Title Registration As A Tool For Poverty Reduction And Economic Growth In Kaduna State(Challenges and Lessons Learn ) David Ayock Ishaya."— Presentation transcript:
Systematic Land Title Registration As A Tool For Poverty Reduction And Economic Growth In Kaduna State(Challenges and Lessons Learn ) David Ayock Ishaya 1, Daniel.I. Dabo 2, Luka.B. Achi 3 1 Department of Estate Management College of Creative Multi-media and Built Environment.Hussaini Adamu Federal Polytechnic,Kazaure.Jigawa State.Nigeria; 2 Department of Quantity Surveying,College of Environmental Studies,Kaduna polytechnic,kaduna.Nigeria; 3 Environs Consultants
INTRODUCTION Land and Real Estate assets comprise 50 – 70% of the National Wealth of the world’s economies (LARA, 2000). Lack of access to land may be one of the greatest constraints for entrepreneurs and investors. Project activities will include designing and installing effective systems for making serviced land available, developing simple transparent procedures for investors to acquire little and simplifying procedures for obtaining planning consent and construction permits. The Land Use Act 1978 provides the necessary legal framework for the introduction of Systematic Land Title Regulation in Nigeria, presently being the largest economy in Africa and the 26 th in world shows a lot of potentials for growth, if key sectors are well harmonised (Mckinsey & Co. 2014).
The aim of this research is to evaluate the challenges and lessons learnt in the introduction of Systematic Land Title Regulation in Kaduna State, being the 3 rd largest State in Nigeria (NPC, 2006) with a land area of 70,245km 2. Many Nigerians live on land to which they do not have rights.
BACKGROUND Land reform started in Nigeria in May, 2009, with the inauguration of the Presidential Technical Committee on Land Reforms (PTCLR). The Presidential Technical Committee on Land Reforms was reconstituted in November 2011 by President Goodluck Ebele Jonathan with the following Terms of
Reference: 1)To collaborate and provide technical assistance to States and Local Governments to undertake land cadastral Nationwide. 2)To determine individuals’ “possessory” rights using best practices and most appropriate technology in the process of identification of locations and regulation of title holdings. 3)To ensure that land cadastral boundaries and title holdings are demarcated in such a way that community, hamlet, village, village area, town, etc. will be recognizable. 4)To encourage and assist States and Local Governments to establish an arbitration mechanism for land conflict resolution. 5)To make recommendations for the establishment of a National Depository for land title holdings and records in all States of the Federation and the Federal Capital Territory. 6)To make recommendations for the establishment of a mechanism for land valuation in both urban and rural areas in all parts of the Federation. 7)To make any recommendations that will ensure effective, simplified, untenable and successful land administration in Nigeria.
The United Kingdom Government Department for International Development (DFID) is supporting the reform of land administration in Nigeria under the auspices of the Growth and Employment in States (GEMS 3) project. The project involves working in partnership with the Federal Government of Nigeria and four (4) States – Kano, Lagos, Kaduna and Cross Rivers. GEMS 3 is part of a larger programme funded by DFID and the World Bank to help create a platform for future private investment, growth and jobs in Nigeria. The programme comprises three (3) components: Component 1 – Improved Investment Climate. Component 2 – Increased competitiveness of strategic cluster. Component 3 – Effective project management and communication.
Land administration reform is being carried out as part of Component 1 of the project Improved Investment Climate. GEMS 3 seeks to make the process of land administration more transparent and simpler, with fewer discretionary processes involved. Currently, the lack of access to land is one of the greatest constraints for entrepreneurs and investors.
LAND USE ACT, 1978 The Land Use Act of 1978 was introduced in Nigeria with the aim of harmonising all land transactions and management. The Act cedes all land in the State to the Governor, who holds same in trust for the common good of the citizenry, whilst the Local Government Chairmen holds the land in their jurisdiction in trust for the good of the citizenry in their local governments. This has led to the dual nature of ownership; the freehold and the leasehold, which may be covered by Customary Rights of Occupancy (CRO) for rural land Statutory Rights of Occupancy (SRO) for urban land. Urban land as defined by the Land Use Act, 1978 is any land so declared urban by the Governor of a State.
It is in an attempt to help land owners, who do not have titles over their land that the Federal Government set up the Presidential Technical Committee on Land Reforms in 2009, with the mandate to review the Land Use Act in line with present day realities and global best practices and to also create a land market economy.
DECLARATION OF SYSTEMATIC LAND TITLE REGISTRATION AREAS 1)Pursuant to the General intendment of the Land Use Act and the specific provisions of Sections 34 & 36 of the Act all local government areas of the nation as is deemed expedient now qualify as Systematic Land Titling and Registration Areas under this regulation. 2) (a)for the purposes of effectively implementing the SLTR process within a L.G.A, the SLTR Officer acting on the authority of the local government in consultation with LAAC may declare a portion of the SLTR area a SLTR Section. The SLTR Section so declared may cover the entire area. (b)the Governor of a State on the advice of the LUAC may authorise the SLTR Officer in any urban area within the State to declare any part or portion of the urban area an SLTR Section. 3)Upon the commencement of this regulation all land parcels in a SLTR Section previously registered or not may be subjected to SLTR in order to record same within the national framework and issue therewith identifiable unique reference codes.
4)For every SLTR Section in a Local Government Area there shall be nominated by the LAAC a fit person be appointed by the Local Government Area to lead the SLTR process in the Section and this person shall for the purpose of the regulation be called the SLTR Officer. The LAAC shall supervise the SLTR Officer and has the authority to recommend to the Local Government the removal of the person appointed as SLTR Officer. 5)There shall be appointed, for the purpose of demarcating and recording of parcels and the registration of Certificates of Occupancy issued over interests in land pursuant from the SLTR process to the Section 36 of the Land Use Act, fit persons by the LAAC as Deputy SLTR Officer, Demarcation Officers, Recording Officers, Registration Officers, GIS Officers and such other officers for general SLTR and land management deemed necessary for the SLTR activities. The LAAC has the authority to remove such officers appointed to the SLTR activities. 6)There shall be appointed for the purpose of demarcating and recording of land parcels and the registration of Certificates of Occupancy issued over interests in land from the SLTR process pursuant to the provisions of Section 36 of the Land Use Act, fit persons by the LAAC as Deputy SLTR Officer, Demarcate Officers, Recording Officers, Registration Officers, GIS Officers and such other officers for general SLTR and land management as deemed necessary for SLTR activities.
NOTICE OF SLTR SECTION 1.The SLTR Officer shall prepare a notice of the planned SLTR activities in the SLTR Section and shall publish such notice in such a manner as he thinks fit. This notice shall be published at least 30 days prior to the commencement of any SLTR activity in the field. A notice for publication under this Section shall: a)Fix a time within which persons claiming to have interest in land within the SLTR Section are to present their claims. b)Require any person making any such claim to point out to a Demarcation Officer the boundaries and or boundary marks of the law affected. As the case may require, the notice shall. Specify as nearly as possible the situation and limits of the SLTR Section in a displayed Digital Area photograph or base map. (ii)State that persons that have interests and rights in law within the SLTR Section will be ascertained in accordance with this regulation and where so ascertained shall be issued with a requested Certificate of Occupancy under this regulation and the LUA. (iii)State that persons with interests and rights in land within the boundaries of the SLTR Section will be brought under the national land register (Cadastre) without requiring any other formal application by the persons interested.
NOTICE OF DEMARCATION AND RECORDING OF CLAIMS (i)At least seven (7) clear days before demarcation and recording of claims is to begin in the field, the Demarcation Officer or Recording Officer shall as directed by the SLTR Officer give notice in writing and in such prescribe and sufficient manner as the SLTR Officer shall determine of the intended duration, time and place of the demarcation and recording of claim thereafter within the SLTR Section or portions thereof to persons likely to be affected thereby.
THEORETICAL CONCEPT HCA (Human Capital Approach) regards education as an important instrument for reduction of poverty. Human Capital Theory believes that investment in Education leads to formation of human capital, which is an important factor for economic growth. Education together with training impacts skills and productive knowledge and transforms human beings into a more valuable human capital
RESEARCH METHODOLGY Research design should be able to address the research questions (Naoum, 2007, Liu and Fellows, 2006). The following were the research questions: What was the level of awareness of SLTR before the exercise began? What was the perception of the beneficiaries on the SLTR exercise?
To ensure rigour and robustness (Hughes, 2014) methodical triangulation was used for this Research. Using content analysis of Government Documents open questionnaire was administered to the beneficiaries, 400 using stratified sampling, based on the initial pilot survey, only people with a minimum of a degree were selected in order to achieve the objectives and research questions, an unstructured interview was conducted with the head of the SLTR in the Ministry of Lands, Surveys and Country Planning which lasted one (1) hour to elicit information on some of the challenges and lessons from the institutional stance, the data collected was analysed using simple descriptive statistics.
Table 1: Showing the Response Rate of the Questionnaire Number of Questionnaire Given Number of Questionnaire Returned Percentage (%) Returned Gender of Respondents Men Women % % % Source:Field Survey, 2015
AWARENESS OF THE SLTR BEFORE THE EXERCISE COMMENCE 206 of the respondents representing 59.71% said they were not aware of SLTR, before the exercise, in spite of the fact that they all have a minimum of a university degree.This may be because SLTR is a novel exercise in this part of the world, besides it is a pilot initiative in selected States in Nigeria. The remaining 139 respondents representing 41.29% said they are aware of SLTR, after reading about it in the dailies. They see it as a government function only, which only benefits the government.
PERCEPTION OF SLTR 271 respondents representing 78.55% said the SLTR is only a government function. That was their perception before the exercise began, that is after the public enlightenment whilst the remaining 74 representing 27.45% said before the exercise commenced, their perception was that the government was using the SLTR as a guise to expropriate their properties. Nevertheless, on completion of the SLTR, the perception of the respondents was 307 representing believe that it was for the good of both beneficiaries and the government. Of the remaining 38 respondents representing 11.02% said they still believe the government wants to use the SLTR to raise internally generated revenue through land tax and property tax.
HAVE YOU EVER APPLIED FOR A LOAN FROM THE BANK? On whether they have ever applied for a loan from the Bank, 331 representing 95.94% of the respondents said, No, whilst the remaining 13 respondents representing 5.06% said Yes, on why the 331 respondents representing 95.94% did not apply for a loan is because, they believe they will not be considered for a loan, due to bottlenecks and they do not have the security collateral. The remaining 13 respondents representing 5.06% said they had no Certificate of Occupancy to be used as security collateral, but they had other security documents like Share Certificate, which was turn down by the banks, however the Nigerian Constitution recognizes and considers the Share Certificates as instrument that can be used to access loan.However the 331 respondents representing 95.94% said they will apply for loans from the banks if they are given the C of O after the SLTR exercise
TYPE OF BUILDINGS OCCUPIED BY THE RESPONDENTS 173 respondents live in only residential property, representing 50.14%, whilst the remaining 172 representing 49.86% said they were living in a mix use property (both Residential and Commercial use).
EDUCATIONAL BACKGROUND OF RESPONDENTS 216 of the respondents representing 62.61% had a university degree, 102 representing 29.57% had Post-Graduate Diploma; the remaining 27 respondents representing 17.82% had Master’s degree.195 of the respondents representing 22.89% read Arts courses, 13 respondents representing 3.77% read medical related courses, the remaining 58 respondents representing 16.82% read course in the built Environment.
CHALLENGES No survey equipment in the ministry of lands surveys and country planning.which necessitated the use of General Boundary.Government inability to provide the security paper for the production of the certificate of occupancy(C of O),threat by GEMS 3 to withdraw technical support due to non issuance of the C of O.Lack of will power of the Government to cover the whole state.
LESSONS LEARN The level of awareness of the SLTR is quite low, hence the need for awareness before an enlightenment campaign,there should be social inclusion of the beneficiaries in the planning and implementation stage,that will ease the apathy of the beneficiaries in participating in the exercise.
As shown by the data collected in the research, a majority of people are not aware that they could use the C of O as a collateral to asses loan,the thinking is that,the houses with out a valid title is all the banks need,which is not true,most of the building in the area are built of mud( which may be an indication that the owners could not afford cement blocks).Which means these people are sitting on assets which they could use to liberate themselves from poverty with out knowing.This may be because the people don’t trust the Government and its programmes.Poverty can be reduces if the 331 respondents that is 95.94% can be issued with a C of O after the SLTR exercise that will enable them apply for loans from the commercial banks and micro credit banks to start up a small enterprise,which connects with the theoretical concept,that education can emancipate people from poverty. LINKING SLTR TO POVERTY REDUCTION
CONCLUSION This research has been able to explore in details the awareness,perception of the beneficiaries of the SLTR pilot exercise in Kaduna State,Nigeria the findings reveal that most of the beneficiaries don’t know the difference between ownership with a secure title and tenants on sufferance,more so,some don’t know they could use there C of O to asses loans from the banks,bbut with the awareness after the SLTR exercise most of the beneficiaries were willing to apply for loans from banks,as for the challenges,most were bureaucratic in nature because the Government lack the will power to carry out the SLTR exercise smoothly in the whole state,the lessons learn was use to design a model that will help in the SLTR exercise in other parts of the country.It is recommended that the SLTR exercise should be taken with all seriousness by the institution in charge in order to empower the citizenry and subsequently reduce poverty.Future research can consider beneficiaries who are not educated for the purpose of determining their perceptions and awareness