Land tenure in Nigeria can be referred to as the manner in which land is acquired, owned, used and transferred (Nigerian Environmental Study/Action Team, 1991). Land tenure system thus set the framework for implementation of land policy and land related objectives. Thus a prominent and basic issue in the analysis and discussion of any land tenure system is the relationship of man to man in the occupancy and use of land, and the fact that it forms a fundamental framework condition for a nation’s development (Ojigi et. al., 2011)
The evolution of land tenure in Nigeria is a complex and dynamic process, involving the traditional political system, the modern legal system and Islam (Adeniran, 2011). The land tenure regimes currently found in the
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The issues include the problem of lack of uniformity in the laws governing land use and ownership, the uncontrolled speculation in urban land, the problem of access to land right on equal basis and fragmentation of rural land arising from the allocation of the traditional principles of inheritance (Olayiwola and Adeleye, 2006).
Nigeria Land Use Decree had attempted to redefine people’s right to land in the interest of socio-economic development. The need to ensure equitable access to productive opportunities on the land, and security of such access once gained makes the land reform measures mandatory. Enacted on 28th March, 1978 and re-christened Land Use Act (LUA) in September 1980, the main objective of LUA was and still to make land for development easily available to all individuals groups, institutions, and governments (NEST, 1991).
The Act provides for the granting of statutory rights of occupancy over urban land and of customary rights of occupancy over rural land, and both types of right are conveyed formally through the issuing of Certificate of Occupancy (C of O). The LUA vests all the land of each state of the federation in the Governor of the state to hold in trust and administer for the use of all Nigerians, and he can revoke a right of
Instead, the ultimate ownership lies with the Crown (Government). As discussed above, a wide range of restrictions apply to land; these include airspace, subsurface and water rights, along with other interests and encumbrances, such as easements, restrictive covenants, mortgages, liens, etc. The rules and statutes affecting landholding are often highly detailed and complex. A notary or lawyer has a fiduciary and ethical duty towards their clients to explain their interests and rights during real estate conveyance. From a notary perspective, it is must for members to understand and meet their ethical and professional standards.
Facts: Jose Colegio filled up his gas tank at a gas station and took off without making payment. Issue: Florida vs. Colegio (Will robbery be an appropriate charge?) Rule(s): Florida statues under title XLVI 812.13 Robbery - (1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear. 812.014 Theft. — (1)
Congress passed the Dawes Allotment Act in 1887, its purpose was to teach the Natives the farming methods and the American values of individualism as well as private property rather than collectively owned land in order to assimilate the Natives. This act is seen as the most assimilative and ruined tribal functions culturally and economically with the entire allotment process (O’Brien 77). The act divided reservation lands amongst individual people and families in order for them to farm and raise livestock. Each head of a household would obtain about 160 acres and individuals who were over the age of eighteen would get 80 acres, while all others would receive 40 acres of land, but any surplus land would go to settlers.
Every member of the tribes that received land allotments was rewarded with United States citizenship, along with being included in laws of the state or territory in which they lived in. Free land was obtained which established a trust fund to collect oil, minerals, timber, and grazing leases on. The head of each family was given 160 acres of land, which was one-quarter of a section. Each single person over eighteen years of age and each orphan under eighteen received one-eighth of a section. To every other single person under eighteen years of age now living or will be born prior to the date of the President directing an allotment was given one-sixteenth of a
However, this did not mean they were able to keep their land the way you might expect, and, is in fact, perhaps, one of the monstrous legislatives we have ever given to Natives. This act demolished, already identified boundaries, broke tribes apart as communal units, and threatened the cultural aspects of each tribe. This act applied to all Native American tribes, except: the Cherokee, Creek, Choctaw, Chickasaw, Seminole, Osage, Miami, Sac, Fox, Peoria, and Seneca nations. This act, was actually named for Massachusetts Congressman Henry Dawes, who claimed that private property had the power to civilize, even the most basic brutes, and according to Dawes, the very act of being civilized, was to “wear civilized clothes, cultivate the ground, live in houses, ride in Studebaker wagons, send children to school, drink whiskey (and) own property.” Under the Dawes Act, the allotted persons would hold the land for 25 years; consequently, the land would then go to the individuals who had held that chunk of land or to their heirs, in which they would gain the title of American Citizen.
When the Mahele was created, a law was also created with it. The law states that those who are living on the land can secure firewood, la’i, and timber (Hio). This is a political impact because
Such fair regulations are stated in the Act: “ ... in all cases where any tribe or band of Indians has been, or shall hereafter be located upon any reservation created for their own use…( Document B).” This section of the Act is a clear example that the government granted the Plains Indians land in order to dwell freely on. Because of being deprived of their land due to the popularity after the discovery of gold, being granted land was a fair action. More specifically on how allotment was fair, the Act states “ … to allot the lands in said reservation in severalty to any INdian located thereon in quantities as follows…(Document B).” This whole regulation of land distribution was also a positive aspect of the Allotment Act because before, the the Plains Indians would live as tribes, so by living as individuals, the people of the Indians weakened the strict tribal council rules and be more “civilized.”
Another 80 acres would go to each unmarried recipients. It was stipulated that the land could not be alienated for 25 years. Any Indian that received land automatically became citizens of the U.S. They were obligated to state, federal and local laws. All of the supporters of this act
Without the state's' cooperation, the government could take no action to deal with these problems, Members of congress knew, however, that western land remained a problem. To regulate the distribution of the land, Congress passed the Land Ordinance of 1785. This ordinance marked off the land into townships and divided each township into 640-acre tracts. The ordinance permitted the cash sale of these tracts for not less than one dollar per acre and reserved one section of each township for the establishment of a school. Two years later, Congress passed the Land Ordinance of 1787.
These acts and government policies make “it relatively easy to divide up land formerly held communally on reservations and to allot it to individual Indians” (Peterson 181). The agenda behind the implementation of such acts is to civilize the natives and create an affinity with them towards the so-called civilized life. However, the legislation shatters the community life of the Ojibwa and confines them to an individualistic society. The Dawes Allotment Act divided the native land and gave an individual share to the natives. It also stresses that they should pay taxes for that land.
This gave people incentive to move because they were given 160 acres of land for a small filing fee, and the land would be theirs if they lived on it for 5 years ("Homestead Act."). This was a loss though because many of the people who moved onto these lands did not have the resources to farm. The natives had their old, traditional ways of farming, and with the expansion the Americans had so much more land to farm on. The Ojibway people had a season specific
The Mahele of 1848 was a very devastating event to the Hawaiians. The Hawaiians thought it would leave the common folk with a third of the land, but it instead left them with almost none (Cachola 87). At first, the Maka’ainana supported the Mahele because they thought it would ceace any problems with land with the foreigners. King Kamehameha the Third enacted the Mahele because he was afraid that there would be a forced takeover in Hawaii just like how the French took Tahiti if he didn’t (Borreca). His chiefs and advisors thought it was for the best, so he agreed.
Within this law it explicitly grants management over Alaska lands
Land Ordinance of 1785 sold land that used to belong to the Indians, but was now the states. They divided the land into thirty-six sections and sold the 640 acres of land, one acre was no less than one dollar. This ordinance put money back into the hands of the congress, but some money went to schools in the new townships that were
This act by congress promised 160 acres of land to anyone who