Land tenure refers to the system of rights and arrangements under which land is owned, accessed, used, and transferred, whether through formal legal structures or customary traditions. It defines who has the right to use land, for how long, and under what conditions, making it a critical component of agricultural productivity, economic development, social identity, and land governance.
In Nigeria and across West Africa, land tenure systems are particularly significant due to the region’s heavy dependence on agriculture, communal landholding traditions, and growing urbanization. These systems influence land allocation, inheritance, land use decisions, and the resolution of land-related disputes.
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Table Of Contents
At the end of this article, students should be able to know:
- Introduction
- Meaning
- history of Land Tenure
- Meaning of Land tenure system
- Classification and types Land tenure
- Advantages and Disadvantages of Land tenure.
- Revision Questions
- Conclusion
What is Land Tenure?
Meaning: Land Tenure can be defined as the system of land ownership or acquisition by individual, family, community or government agency either for temporary or permanent use.
History
Historically, land tenure in West Africa was largely communal, with land held and managed by families, clans, or village authorities under customary law. In Nigeria, for example, land was traditionally viewed as a shared heritage, passed down through generations and governed by community norms. Chiefs, elders, and family heads served as custodians, allocating land to individuals based on lineage or need.
However, the arrival of colonial rule introduced a new system of land ownership and control, often clashing with indigenous practices. Colonial administrations implemented policies that favored formal documentation and private ownership, which marginalized traditional landholding systems. In Nigeria, this legacy led to the introduction of the Land Use Act of 1978, which placed all land under the control of the government, administered through state governors. While the Act aimed to streamline land ownership and access, it also centralized power and created new challenges, especially in rural communities that rely on customary tenure.
Today, Nigeria and many West African nations operate under dual land tenure systems—a combination of customary and statutory laws. This duality often leads to confusion, overlapping claims, and land disputes, especially where population growth, commercial agriculture, and infrastructure development increase the demand for land.
Understanding the history and structure of land tenure systems in Nigeria and West Africa is essential for addressing land reform, promoting agricultural efficiency, and ensuring equitable access to land for both people.
Classification and types of land tenure system
The land tenure system in West Africa and in Nigeria varies with groups, community and States. It can be classified into the following groups:
- Communal land tenure
- Land Tenure by inheritance
- Leasehold system
- Land Tenure by tenancy(Rent)
- Land Tenure by purchase or freehold.
- Land Tenure by free gift or pledge
- Tenant at the will of government
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 who may be a chief and OBA, obi, emir or a baale decide how the land is to be divided among the members for farming purpose usually at the beginning of each planting season. The system relies on their availability of large area of land that can be shared to each member of the community.
Advantages of Communal Land Tenure
- Each member of the community has easy access to the land.
- Co-operative farming is possible since the land is extensive.
- Large scale farming or plantation agriculture is possible due to his large size if only community members corporates. You can read more about large scale farming here
- The land is cheap to acquire and no cost is involved.
Disadvantages Communal Land Tenure
- Non members of the community cannot have access to the land for farming.
- There is usually lack of corporation among community members if the land is to be used for large scale farming
- Increase in population definitely tends to reduce the size of the farmland shared to each member.
- It cannot be used as security to obtain loan from Bank.
- Mechanization is difficult to introduce because the farmland is scattered and small.
- Permanent crops like cocoa, rubber or oil palm. Etc. Cannot be established because of possible relocation of the land in another season.
- It discourage permanent land development such as building of structures and alley family.
- It leads to the fragmentation of land into small and scattered units.
- Cooperative effort for of farmer are discouraged; thereby, leading to failure to adopt modern agricultural techniques.
LAND TENURE SYSTEM BY INHERITANCE
Features: This is the types of land tenure system in which land is inherited from one parents or from one generation to another. In Nigeria for example, land for agricultural activities are 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’s gives the owner complete freedom on the Land. The owner may sell the land, leave it to fallow, farm on the land or rent it out. The land can be used as collateral for agricultural loans.
Advantages of Land Tenure by Inheritance
- The land can be used as collateral to obtain loan from the commercial Banks.
- The land can also be improved by way of fertilizer application in order to maintain it’s fertility.
- Perennial crops like cocoa, orange, oil palm, Rubber, etc. Can be planted since the land belong to the rightful owner.
Disadvantages Of Land Tenure by Inheritance
- It leads to excessive land fragmentation which makes the land very difficult and on the uneconomical to work.
- Sharing of land is a delicate issue which can generate enemity among family members.
- It is very difficult to access as far individual has the right to use and control a piece of inherited land freely.
- Cultivators are tied to their plots, partly because they are unwilling to part with what they have.
- Such agricultural land is subject to traditional restriction in many parts of Nigeria unlike the concept of land sale widely accepted in urban areas.
- Land is usually readily available for everybody.
- Large scale commercial agriculture cannot be practiced because the land is highly fragmented.
LEASEHOLD SYSTEM OF LAND TENURE
Features: This types of land tenure requires the payment of setting amount of money for the use of the land over a stated period of time. In other words, leasehold tenure system is a special contract existing between a person called the Leasor and another called Leasee for the lease of a piece of land for a specified period of years, which may be 10 years, 20 years, 50 years. The Leasee will exercise his righs on the use and maintenance of the land for the period of lease.
Advantages of Land Tenure System by Leasehold
- It ensures the use of available land.
- It enables a farmer to maximize the use of the Land in terms of maintenance of the soil fertility in order to improve the periodicity of the crops.
Disadvantages Of Land Tenure System by Leasehold
- The land can not be used as security to obtain loan from commercial Banks.
- the Farmer cannot develop the land beyond the lease agreement terms
- perennial crops like oil palm, cocoa, rubber, etc. Cannot be grown.
LAND TENURE BY TENANCY (RENT)
Features: In this system, the Farmer rent the land for use over a short period of time during which certain amount of money is paid as rent for the use of it. At the end of the period the agreement may be reviewed if the landlord so desires.
Advantages of Land Tenure System by Tenancy (Rent)
- It makes use of available land for agricultural purposes.
- The land is efficiently used and maintain for maximum production within the short period.
Disadvantages of Land Tenure System by Tenancy (Rent)
- The land cannot be used for securing loan.
- It affects long-term planning
- There is 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 pay 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 or rent it out. The owner can use the land as collateral for agricultural loans.
Advantages of Land Tenure System by Purchase
- The Farmer can use the land to secure loan from the bank.
- Perennial crops can be grown.
- Proper planning in the development of such land can be done.
Disadvantages of Land Tenure System by Purchase
- The land may be too expensive to purchase.
- The actual ownership may be difficult to establish.
- 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 in which land is denoted or given out of Goodwill or free of charge in appreciation or as an incentive. The new owner doesn’t need to pay any money.
Advantages of Land Tenure by Free Gift
- It ensures the maximum use of the land increased production.
- Plantation agriculture can be practiced.
- It can be used as security to obtain loan.
Disadvantages Of Land Tenure System by Free Gift
- The ownership of the Land can be challenged at any time.
- There maybe disagreement over such gifts among 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. The land belongs to the government and the Farmer has to pay certain amount of money to the government for using such land, usually for a stipulated period of time.
Advantages of Land Tenure by The will of Government
- Farmers can easily have access to the land.
- The land is wisely used for productive purposes
- The land is cheap to acquire
- The land can easily be improved by way of fertilizer application.
Disadvantages of Land Tenure System by the will Of Government
- Permanent or perennial crops cannot be cultivated.
- Farmers cannot use the land as collateral to secure loans from the bank
- They are usually lots of bottlenecks or bureaucracy in the allocation, regulation and control of over such land.
- Such Land can easily be revoked, if the tenant fails to pay the rent at the right time.
READ AND STUDY ALSO
Objectives of Land Tenure System
Land tenure systems are not only about who owns land but also about how land is accessed, controlled, and used for social and economic purposes. In Nigeria and across West Africa, where agriculture is the primary occupation and land disputes are common, having a clear and functional land tenure system is essential. The objectives of land tenure systems are aimed at ensuring stability, productivity, and fairness in the way land is managed and distributed.
1. To Provide Security of Land Ownership and Use
A key objective of any land tenure system is to guarantee land users secure and recognized rights to use or own land. This security encourages individuals and families to invest in land development, such as farming, housing, or business, without fear of sudden eviction or conflict.
2. To Regulate Access and Control of Land Resources
Land tenure systems aim to define how land is accessed, who can use it, and for what purpose. In both customary and legal frameworks, these regulations help to prevent illegal occupation, ensure equitable distribution, and promote efficient land use.
3. To Support Agricultural Development and Investment
Secure and clear land rights enable farmers to make long-term plans and adopt better agricultural practices. In countries like Nigeria, where land is essential for food production, well-structured land tenure systems are vital for achieving food security and attracting agricultural investment.
4. To Minimize Land Disputes and Promote Peace
By clearly defining land ownership and usage rights, land tenure systems help reduce conflicts between individuals, families, communities, or government authorities. This is especially important in regions like northern Nigeria and parts of West Africa, where land-related disputes have led to communal violence.
5. To Facilitate Land Transfers and Economic Growth
A good land tenure system allows for the legal transfer or lease of land, which is crucial for economic transactions, urban development, and inheritance. This promotes a functioning land market and increases land productivity across both urban and rural areas.
6. To Promote Social Equity and Gender Inclusion
Modern land tenure systems are increasingly designed to address historical inequalities, especially in access to land for women and marginalized groups. In many West African societies, customary rules often limit women’s land rights; reforms aim to create more inclusive frameworks.
7. To Enable Government Planning and Development
Governments rely on land tenure systems to plan infrastructure, housing, and industrial zones. In Nigeria, for instance, access to formally titled land is essential for government development projects and land taxation.
See Also
- Rangeland management, characteristics and importance
- Meaning And types of lowlands, formation and importance
Quick Revision Questions for Students
- What is a land tenure?
- List the types of land tenure we have.
- What are the Advantages and Disadvantages of land tenure by rent?
- Outline the advantages and disadvantages of communal Land tenure.
- List 4 advantages and disadvantages of land tenure by purchase. (b) List 4 advantages and disadvantages of land tenure by tenancy.
- (a) Discuss the advantages and disadvantages of land tenure by inheritance. (b) List 3 Advantages of freehold land tenure.
SEE ALSO
Conclusion
A clear understanding of the different types of land ownership, along with their advantages and disadvantages, is vital for ensuring fair access to land, promoting agricultural development, and reducing conflicts. Each system—whether communal, freehold, leasehold, or (customary) will of government—has unique implications on land use, productivity, and inheritance. While some provide security and encourage investment, others may hinder progress due to unclear boundaries or lack of formal documentation. Ultimately, a well-structured land tenure system helps support economic stability and sustainable land management across rural and urban areas.
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