Types of land tenure system - Skyline E-learning site

Types of land tenure system in agriculture and their effects. the problem of land tenure system in agriculture. Nigeria land use act.

Land tenure refers to the way land is owned, occupied, and used by individuals, communities, or institutions. It encompasses the legal, social, and economic arrangements that determine people’s rights to land and the corresponding responsibilities and benefits associated with land use.

Land tenure systems vary across countries and regions, and they can have a significant impact on social stability, economic development, and environmental sustainability. Here are a few common types of land tenure:

Freehold: Under a freehold system, individuals or entities have full ownership rights over the land. They can use, transfer, and manage the land as they see fit, within the boundaries of the law.
Leasehold: In a leasehold system, individuals or entities hold the right to use the land for a specific period, typically through a lease agreement. The land is owned by someone else, such as the government or a private landowner, who grants the lease. Leaseholders have limited control and rights over the land, which are outlined in the lease agreement.
Communal Tenure: Communal tenure refers to land that is owned and managed collectively by a community or group of individuals. The community members have rights to use and benefit from the land based on customary or traditional practices. Decisions regarding land use and management are typically made collectively within the community.

State/Public Ownership: In this system, the land is owned and managed by the state or government. It can be used for public purposes, such as infrastructure development or conservation. The government may grant certain rights to individuals or entities to use the land through leases or permits.
Customary Tenure: Customary tenure is based on traditional practices and norms within specific communities or indigenous groups. It recognizes the collective ownership and use of land based on customary rules and traditions that have been passed down through generations.

read on for more details

AGRICULTURAL LAWS AND REFORMS, LAND TENURE SYSTEM IN AGRICULTURE

Agricultural laws and reforms are policies and regulations implemented by governments to address various aspects of the agricultural sector. These laws and reforms aim to enhance agricultural productivity, ensure food security, improve farmers’ welfare, and promote sustainable agricultural practices. The specific laws and reforms can vary from country to country, but here are some common examples:

Land Reforms: Land reforms focus on the redistribution of agricultural land to ensure equitable access and reduce landlessness among farmers. These reforms may involve measures such as land consolidation, land ceilings, tenancy reforms, and land titling.
Agricultural Subsidies: Governments often provide financial support to farmers through agricultural subsidies. These subsidies can take different forms, such as direct payments, input subsidies for fertilizers and seeds, price support, and crop insurance. The aim is to provide economic stability to farmers and encourage agricultural production.

types of the land tenure system and their effects

i. Communal land tenure
ii. Land tenure by inheritance
iii. Leasehold system
iv. Land tenure by tenancy
v. Land tenure by purchase
vi. Land tenure by purchase or freehold
vii. Land tenure by free gift or pledge
viii. Tenant at the will of the government
Note: Land tenure by
i. Freehold system
ii. Leasehold system
iii. Gift system

iv. Tenants at the will of government inheritance systems are collectively referred to as individual land tenure systems.

you read about the Nigerian land use act. notwithstanding the various effects posed by the Nigerian land use acts and other land tenure systems,

it is also very important to state that land, despite the powers vested in the Nigerian government the power over land on behalf of the citizens, the land is still very much in the hands of the people to either sell lease or give out as a gift.

Communal Land Tenure System Features

In this type. the land belongs to the entire community. The community may be a family, clan or village. Every member of the community has the right to use the land for agriculture, but cannot sell any portion of it.

The head of the community may be a chief, an Oba, Obi. Emir or a Baale decides how the land is to be divided among members for farming purposes usually at the beginning of each planting season.

The system relies on the availability of a large area of land that can be shared with each member of the community.

Advantages of TYPES OF LAND TENURE SYSTEM IN AGRICULTURE

(i) Each member of the community has easy access to the land.
(ii) Cooperative farming is possible since the land is extensive
(iii) Large-scale farming or plantation agriculture is possible due to its large size, if only community members cooperate.
(iv) The land is cheap to acquire, as no cost is involved.

Disadvantages or Problems of LAND TENURE SYSTEM IN AGRICULTURE

(i) Non-members of the community cannot have access to the land for farming.

(ii) There is usually a lack of cooperation among community members if the land is to be used for large-scale farming.

(iii) Land cannot be pledged, sold or used as collateral by an individual.
(iv) Those with means but who are not members of the community, find it difficult to get land for farming activities.

That is, non-indigenous the community cannot acquire land or have access to it
(v) There is a tendency to neglect parcels of useful land as no one readily considers it his/her interest to protect it from degradation. read land degradation and its effects here

(vi) It is characterized by litigation and misunderstanding.
(vii) Mechanized farming cannot be practised without the permission of the whole community.
(viii) There is excessive land fragmentation over time.
(ix) Allotted land can be revoked by new leadership.
(x) It does not encourage the planting of permanent crops.

Types of Land Tenure System by Inheritance

Features
This is the type of land tenure in which land is inherited from one’s parent or from one generation to another. In Nigeria, land for agricultural activities is mainly acquired through inheritance.

The land so inherited from a single parent is shared among all his children and this eventually leads to fragmentation of the land.

It gives the owner complete freedom on the land. The owner may sell the land, leave it to fallow (bush following here), farm on the land, or rent it out. The land can be used as collateral loans.

Leasehold System Features
This type of land tenure requires the payment of a certain amount of money for the use of the land over a stated period of time.

In other words, a leasehold tenure system is a special contract existing between a person called the lessor and another called the lessee for the lease of a piece of land for a specified period of years, which may be ten years, twenty years fifty years.

The lessee will exercise his right to the use and maintenance of the land for the period of the lease.

Advantages
i. It ensures the use of available land.
ii. It enables the farmer to maximize the use of the land in terms of maintenance of soil fertility in order to improve the productivity of crops

Disadvantages or Problems of leasehold land tenure system in Agriculture

security to obtain loans from commercial banks.
(ii) The farmer cannot develop the land beyond the lease agreement terms.
(iii) Perennial crops like oil palm, cocoa, and rubber. etc cannot be grown.

Land Tenure by Rent Features
In this system, the farmer rents the land for use over a short period of time during which a certain amount of money is paid as rent by its use. At the end of the period, the agreement may be reviewed, if the landlord so desires.

Advantages
(i) It makes use of available land r agricultural purposes.
(ii) The land is efficiently used and maintained for maximum production within a short period.
Disadvantages or Problems
(i) The land cannot be used for securing the loan.
(ii) It affects long-term planning.
(iii) There is a limitation in the development of such land.

Land Tenure by Purchase or Freehold Features

In this type of land tenure, a farmer buys a piece of land for agricultural purposes. He pays a certain amount of money to the landlord and the land becomes his personal property.

It gives the owner complete freedom on the land. He may sell the land, leave it fallow, farm on the land or rent it out. The owner can use the land as collateral for agricultural loans.

Advantages
i. The farmer can use the land to secure a loan from a bank
ii. Perennial crops can be grown
iii. Proper planning in the development of such land can be done

Disadvantages or Problems
i. The land may be too expensive to purchase
ii. The actual owner may be difficult to establish
iii. The farmer may not have sufficient money to buy the exact size of the land he needs

land Tenure by Free Gift or Pledge Features

This is the type of land tenure system in which land is donated or given out of goodwill or free of charge in appreciation or as an incentive. The new owner does not need to pay any money.
Advantages
i. It ensures the maximum use of the land for increased production.
ii. Plantation agriculture can be practised.
iii. It can be used as security to obtain the loan

Disadvantages or Problems
i. The ownership of the land can be challenged at any time
ii. There may be disagreement over such gift family members

Tenants at the Will of Government Features

This is a system of land tenure in which a piece of land is given or allocated to a farmer by the government. read the land use act here

The land belongs to the government and the farmer has to pay a certain amount of money to the government for using such land, usually for a stipulated period of time as stated in the land use act of Nigeria.

Advantages of land use act that control Types of land tenure system
i. Farmers can easily have access to land
ii. The land is wisely used for productive purposes

iii. The land is cheap to acquire
iv. The land can easily be improved by way of fertilizer application
Disadvantages or Problems
i. Permanent or perennial crops cannot be cultivated

ii. Farmers cannot use the land as collateral to secure loans from banks
iii. There are usually lots of bottlenecks or bureaucracy in the allocation, regulation and control of such land
iv. Such land can easily be revoked if the tenant fails to pay the rent at the right time

WAYS IN WHICH LAND TENURE SYSTEM IN AGRICULTURE AFFECTS AGRICULTURAL PRODUCTION

(i) May lead to fragmentation of land which cannot be mechanized.
(ii) Correct ownership of some plots of land cannot be determined.
(iii) Land cannot be used as collateral for loans in some tenure systems.
(iv) Large-scale farming cannot be practised on small scattered farm holdings

Types of land tenure system in agriculture and their effects. the problem of the land tenure system in agriculture. Nigeria land use act.

(v) Strangers are prevented from owning land; hence they cannot come to develop the land.
(vi) Because of the short tenancy period in some systems, permanent land improvement programmes cannot be carried out by holders as Types of the land tenure system

(vii) There is often a restriction on the type of crops (e.g. permanent crops) that can be grown on the land in some systems.

(viii) Some landowners may not have the intention of farming while those willing to farm cannot own land because of the tenure system.
(ix) Some landowners exploit those without land by unfavourable tenancy conditions.

(x) Production is very high on land acquired by purchasing or freehold because land improvement can be carried out.
(xi) Land Use Act/Decree (of 1978 in Nigeria) made more land available to farmers for large-scale production
(xii) Acquisition of land through freehold is expensive, thereby discouraging agricultural investors.

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