Agricultural Laws and Reforms – SS1 Agricultural Science Lesson Note (First Term)

Land tenure is the system of land ownership or acquisition by individuals, families, communities or government agencies, for temporary or permanent use.

Behavioural objectives

By the end of the lesson, students should be able to:

1. Define land tenure.
2. Describe individual and communal ownership of land.
3. State the types of land tenure in Nigeria.
4. List the advantages and disadvantages of each type of land tenure.
5. State what the Land Use Act of 1978 does.

What is land tenure?

Land tenure is the body of rights and relationships established among people to control and use land.

• Who holds land: individuals, families, communities or government agencies.
• How long: use may be temporary or permanent.
• What it controls: who may use the land, for what purpose and under what conditions.

How is land owned in Nigeria?

Land ownership in Nigeria ranges from individual ownership to communal ownership.

Individual ownership

In individual ownership, the land is held by a person or family who has wide rights over it.

• Farm: the holder can grow crops on it.
• Build: the holder can put up buildings on it.
• Pledge: the holder can use it to raise money.
• Sell: the holder can sell it.

Communal ownership

In communal ownership, the land belongs to the whole community, such as an extended family, a village or a town.

• Control: no member can use the land against the wishes of the rulers of the community.
• Crops: only annual crops can be planted on it.

How do individual and communal ownership differ?

What are the types of land tenure in Nigeria?

There are five types of land tenure in Nigeria: communal, inheritance, leasehold, free gift and state ownership.

What is communal land tenure?

Communal land tenure is the traditional system in which land is regarded as the property of the community.

• Use: every member has the right to use the land for agriculture.
• Sale: no member can sell any part of it, since it is a legacy that should not be sold.

Advantages

• Access for members: each member can request farmland to feed his family and earn some money.
• Co-operative farming: possible because the land is extensive.
• Large-scale farming: possible if community members cooperate.
• Easy transfer: land passes to a prospective farmer easily, since individual attachment is almost absent.

Disadvantages

• Soil fertility: it is not adequately maintained.
• Outsiders: non-members cannot have access to the land for farming.
• Poor cooperation: members often fail to cooperate when the land is to be used for large-scale farming.
• Fragmentation: land breaks into small and scattered units.
• No perennial crops: the land may be re-allocated to another person.
• No mechanisation: farmlands are scattered and small, so machines are hard to introduce.
• No loans: the land cannot be used as security at banks.

What is tenure based on inheritance?

Tenure based on inheritance is the system in which land passes from parents to children, or from one generation to another.

Advantages

• Loans: the land can be used as security at banks.
• Investment: the owner prefers to invest in improving soil fertility.
• Mechanisation: possible if the land is large enough.
• Perennial crops: can be planted.

Disadvantages

• Fragmentation: the land is divided among many children.
• Small plots: mechanised farming cannot be practised on them.
• Disputes: sharing land can cause quarrels among family members.
• Uninterested owners: some heirs have no interest in developing the land or using it fully.

What is leasehold tenure?

Leasehold tenure is the system in which a landowner allows a farmer to use land for a fixed period under stated conditions.

• Rent: the farmer pays an agreed amount of money.
• End of tenancy: the land returns to the owner, or the agreement is reviewed if the landlord wishes.

Advantages

• Efficient use: the land is used well.
• Easy access: it is easier to get than communal land.
• No wasted time: little time is lost in acquiring or leaving the land.
• Owner’s income: the owner earns more money.

Disadvantages

• No loans: the land cannot be used as security at banks.
• Few perennial crops: the user is not encouraged to plant them.
• Disputes: quarrels may arise between tenant and owner.
• Poor planning: long-term planning is affected.

What is tenure based on free gift?

Tenure based on free gift is the system in which land is given free of charge, out of goodwill, in appreciation or as an incentive.

Advantages

• Maximum use: it ensures full use of the land for increased production.
• Large-scale farming: possible, depending on the size of the land.
• Loans: the land can be used as security.

Disadvantages

• Weak claim: ownership can be challenged at any time.
• Family disagreement: members may quarrel over such gifts.

What is state or government ownership of land?

State ownership is the system in which land belongs to the government, and people living or working on it are tenants of the government.

• Strength: it gives effective government control of land and its use.
• Weakness: excessive bureaucratic control may hinder individual initiative and allow political abuses.

Advantages

• Control: the government controls land ownership effectively.
• Income: the government earns more money by leasing out land.
• Investment: it encourages government investment in the land.

Disadvantages

• Bureaucracy: it may hinder individual initiative and lead to political abuses.
• Monopoly: the government has power over the land, so the tenant cannot use it as he or she wishes.
• Subletting: tenants may lease the land to others to make money, which may hinder agricultural development.

How do the five types of land tenure compare?

What is the Land Use Act of 1978?

The Land Use Act of 1978 is the Nigerian law that vests all land in each state in the Governor, to hold in trust for the people.

• Aim: to make land easier to obtain for farming, housing and other uses.
• Urban land: the Governor grants a right of occupancy.
• Non-urban land: the Local Government grants a customary right of occupancy.
• Proof of right: a Certificate of Occupancy is issued to the holder.

Evaluation

1. What is the difference between individual ownership and communal ownership of land?
2. Name the five types of land tenure treated in this lesson.
3. State two disadvantages of leasehold tenure.
4. Give two advantages of tenure based on inheritance.
5. What does the Land Use Act of 1978 do?

Assignment

Define land tenure, then list three advantages and three disadvantages of communal land tenure.