Agricultural Laws and Reforms

Land tenure system in Nigeria

Land ownership ranges from individual ownership to communal ownership. In the individual ownership system, the land is held by the family who can farm on it, build on it, pledge it for money or sell it.

In communal ownership system, the land belongs to the community which may be an extended family, a village or a town and no member of the community can use the land against the wishes of the rulers of the community. Only annual crops can be planted on this piece of land.

• Land tenure system:

Land tenure is defined as the system of land ownership or acquisition either by individual, family, and community or government agency either for temporary or permanent use. It is also the body of right and relationship established among men to control and use land.

Types of the land tenure system

1. Communal land tenure: This is traditional ownership of land whereby land is generally regarded as the property of the community. Every member of the community has the right to use the land for agriculture but cannot sell any part of it since it is regarded as a legacy that should not be sold.

Advantages

1. Each member of the community has the opportunity to request for farmland to provide food and earn some money for his family.
2. Co-operative farming is possible since the land is extensive.
3. Large scale farming is possible due to its large size if only community members co-operate.
4. It is easier to transfer the land to a prospective farmer since individual attachment is almost absent.

Disadvantages

1. Inadequate maintenance of soil fertility.
2. Non-members of the community cannot have access to the land for farming.
3. There is usually a lack of co-operation among community members if the land is to be used for large scale farming.
4. It leads to fragmentation of land into small and scattered units.
5. Perennial crops cannot be planted because of possible re-allocation of land to another person.
6. Mechanization is difficult to introduce because farmlands are scattered and small.
7. It cannot be used as security to obtain loans from banks.

2. Tenure based on inheritance: This is the type of land tenure in which land is inherited from one’s parents or from one generation to another.

Advantages

1. The land can be used as security to obtain loans from a bank.
2. The owner prefers to invest in the land to improve its fertility for agricultural production.
3. Mechanized farming can be practised if the land is large enough.
4. Perennial crops can be planted.

Disadvantages

1. It leads to land fragmentation since the land is divided among many children.
2. Mechanized farming cannot be practised on small plots of land.
3. Sharing of land can bring about a dispute among family members.
4. Land may belong to people who have no interest in land development or in making the fullest use of the land.

Evaluation

1. What is the land tenure system?
2. State the types of land tenure system we have in Nigeria.

Types of land tenure

• Leasehold tenure: This is a situation in which the farmer is allowed by the landowner to work on a piece of land for a fixed length of time under stipulated conditions. A certain amount of money is paid as rent for the use of the land. At the expiration of the period of tenancy, the land reverts to the landowner or the agreement may be reviewed if the landlord so desires.

Advantages

1. The land is efficiently used.
2. Easy accessibility of land is possible compared to land in communal ownership.
3. There is no time wasting to acquire or leave the piece of land.
4. The owner of the piece of land can earn more money.

Disadvantages

1. It cannot be used as security to obtain loans from banks.
2. The user may not be encouraged to plant perennial crops on a piece of land.
3. It can bring disputes between the tenant and the owner.
4. It affects long term planning.

• Tenure based on free gift: This is the type of land tenure in which land is donated or given out on goodwill or free of charge in appreciation or as an incentive.

Advantages

1. It ensures the maximum use of the land for increased production.
2. Large scale farming can be practised depending on the size of the land.
3. It can be used as security to obtain loans.

Disadvantages

1. The ownership of land can be challenged at any time.
2. There may be disagreement over such gifts among family members.

• State or government ownership of land: In this system, the land belongs to the state or government and persons working or living on the land are tenants of the government. This system makes for effective government control of land and use but it may be subject to excessive bureaucratic control which may hinder individual initiative and give room to political abuses.

Advantages

1. There is effective government control of land ownership in this system.
2. The government can earn more money leasing out the land.
3. It encourages government investment on the land.

Disadvantages

1. The system encourages bureaucratic control which may hinder individual initiative and lead to political abuses.
2. There is monopolistic power over the land as the tenant may not be able to use the land according to their wish.
3. Tenants may tend to lease the piece of land to other people to make some money which may hinder the development of agriculture.

General evaluation

1. Define the land tenure system.
2. State the types of land tenure system in Nigeria.
3. List out three advantages and three disadvantages of communal land tenure.
4. Which land tenure system is most prominent in Nigeria and why?
5. Which land tenure system promotes perennial crop cultivation and why?

Reading assignment

Read Roles of Government in Agricultural Development from Essential Agric. Pages 154-159.

Theory

1. State five land ownership systems in Nigeria.
2. Explain four ways in which agricultural production is affected by communal ownership of land in Nigeria.