1.1 Introduction
Land is a free gift of nature and a factor of production, land tenure is the name given, particularly in common law system to the legal regime in which land is owned by an individual, due to the fact that keeping records of lands and their owners has been a great task to government and the government access to land Information proves difficult that most times people are defrauded due to lack of Land Information illegal sales of land without the consent of the owner are very common. Land is an essential input (Factors of production) for agriculture, and agriculture is by far the most important economic activity in preindustrial societies. With the advent of Industrialization, important new uses for land emerge as sites for factories, warehouses, offices and urban agglomerations. Also, the value of real property taking the form of man-made structures and machinery increases relative to the value of land alone. The concept of real property eventually comes to encompass effectively all forms of tangible fixed capital.
As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Limitations of the Study and Definition of technical terms.
1.2 Background of Study
Every country, people, community, race, ethnicity or tribe often guard with great jealousy it land properties. This is so because, it is believed to be an act of up-holding a bequest passed to them by their fathers. Real estate businesses keep growing day by day, nearly every person dreams of becoming a landlord. Installment payment offers are all over the print media with several offers and promos on how individuals can own a land or house as the case may be. The ever increasing civilization and development in both urban and rural areas is never-ending thus, business tend to grow to get more land spaces, these growth is repeatedly accompanied with the migration of some people mostly staff of such organizations. It should also be noted that, land which is said to be a free gift of nature is really not “free”. Land which is also one of the factors of labour is an asset that keeps appreciating day by day.
Government which is a prime institution of any society has the power to withdraw or confiscate a land from any one at any time regardless of the person’s status especially when such land is under government acquisition. Though, the victim of such confiscation may as expected paid “legally” to unauthorized individuals who knowing that such land is under government’s acquisition but took advantage of the innocent buyer. Also, some buyers still go ahead to purchase a land which they somehow have heard is under government’s acquisition. Sometimes, case as such may have a remedy via ratification; while on the other hand, there is really nothing that can be done. In some cases where a piece of land has been sold to more than one person, the parties involves often resolve to court for hearing and judgement. Thus, the persons in question with the finest or best means of proof of ownership often times carry the day. Having said all of this, it is important that the citizenry know that purchase of a land property is incomplete without the procurement of a land title.
Land has often been continually referred to as a free gift of nature endowed with different mineral resources in it belly. Different countries of the world have different resources embedded in its lands, the Arab Peninsula such as Iran, Iraq, Saudi-Arabia amongst other have lots of crude oil buried under their lands by nature. It should be noted that Nigeria is also one of the richest countries when it comes to minerals resources deposited beneath our land.
Title or Ownership to every property owned by persons or individuals becomes very important because, the title is the only genuine document that can proof real ownership over any property particularly during cases of conflict over property.
Ministry of lands, survey and urban planning owerri, Imo State is an organization that is in charge of land administration and management in Imo State, it is located at Block 7, state secretariat Port-Harcourt Road, Owerri Imo State.
With the rise of extractive Industries, real property comes to encompass natural capital. With the rise of tourism and leisure, real property comes to include scientific and other amenity values starting in the 1960’s as part of the emerging field of law and economics, economist and legal scholars began to study the property rights enjoyed by tenants under the various estates and the economic benefits and cost of the various estates ( Epstein 2007).
This resulted in a much-improved agriculture and agriculture is by far the most important economic activity in preindustrial societies. With the advent of Industrialization, important new uses for land emerge as sites for factories, warehouses, offices and urban agglomerations especially in Imo state. Also, the value of real property taking the form of man-made structures and machinery increases relative to the value of land alone.
1.3 Statement of Problem
Investigation revealed that many people in the country has often argued that, like every other act or law the government of Nigeria makes, these laws are always bright and specifically issued to solve a particular problem. But implementation has always been an issue of serious concern. Land is supposed to be owned and managed by the state government.
Undoubtedly, the conventional paper work system of operation in any government department is faced with many setbacks. These setbacks often hamper the overall information system of any setting running it activities solely on manual methods.
On visit to the Ministry of Lands and Housing in Niger state, the following hitches were discovered:
- Manual method of application for the procurement of C of O.
- Time wastage in processing and despatching of land title documents.
- Information security: since the number of persons involved in the processing is rather more than necessary, vital information some of which may be “personal” to the applicant may be exposed to a third-party.
- Of the three copies of C of O that is obtainable, the copy to be kept by the ministry is kept in an unsafe wooden shelf that decay with time and damage can be done to its content.
1.4 Aim and Objectives of the Study
The aim of the study is to design and implement a Web Based System for Land Title Application. In achieving this aim, the following specific objectives were laid out as follows to develop an application software that will:
- Automate the process of applying for certificate of occupancy; and
- Analyze the existing manual system and the setbacks associated with it.
1.5 Significance of Study
Notably, this work will point to the need for a better approach of land title applications especially as it regards C of O. Time spent in processing of land title will be decisively studied, the processes involved will clearly viewed and a more easier and flexible model and approach will be created minding the current procedures that will still be applicable.
This study will be of immense benefit to other researchers who intend to know more on this study and can also be used by non-researchers to build more on their research work. This study contributes to knowledge and could serve as a guide for other study.
1.6 Scope of Study
The scope of the research is focused on the Design and Implementation of a Web Based System for Land Title Application using ministry of land and housing Imo State as a case study. The software developed will be carried out using PHP to manage the data base.
1.7 Limitations of the Study
This study is limited to the process of applying for land title as it regards C of O. Documents uploaded during the process of application are subjected to physical verification by the ministry. This system does not capture online payment module for land title processing.
Specifically, during the course of this study, many things militated against its completion, some of which are:
- Time Constraint: The time frame given to accomplish this project was very short due to school academic calendar and it was carried out under pressure which made the researcher not to implement some necessary features.
- Establishment Policies: Establishment policies posed a serious limitation as most staffs are not ready to release information needed for this project work. There were lots of information needed from the staffs of this institution to enhance the study which took them time to release or they did not release at all for security purposes, hence the scope was reduced.
- Research material: availability of research material is a major setback to the scope of the study.
- Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.
- Financial Constraint: Insufficient fund tends to impede the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collection (internet).
- Technical Issues: The process of applying for land title as it regards C of O. Documents uploaded during the process of application are subjected to physical verification by the ministry. This system does not capture online payment module for land title processing.
1.8 Definition of Terms
C of O: Certificate of Occupancy.
Deeds: This is any type of agreement.
Title: An instrument, such as a deed, that constitutes this evidence.
Act: A formal decision, law, or the like, by a legislature, ruler, court, or other authority; decree or edict; statute; judgment, resolve, or award.
BYA: Billion Years Ago
MYA: Million Years Ago
Administrator: Someone who manages the operation of the system.
User: A person who has the privilege to use the system .
Entity Relationship Diagram: A diagram that shows the relationships that exist between the various relations in the database.