Land Use and Property Rights
Land use and property rights might not come across as the most exciting topic, but in the study of real estate it is highly profound. Firstly, it informs us of government policies and decisions on land use and property owner’s right for land use and the priorities they possess. We can also understand the guidelines and predict trends in the future of land use in order to avoid or prepare for any legal or illegal ramifications or a natural course.
What is Land use?
Land use is the application of human modification and societal use of land available to them. The study of land use is the study of how the land is managed, modified and transformed into built settlements and habitats.
Although in Nigeria with over 923,768 km² land mass, according to estimations from 2018, around 78 percent of land in Nigeria is used for agriculture. This goes to show the most adopted land use since agriculture is a key activity for Nigeria as it provides livelihood for a large share of the population.
In the course of studying land use, we get educated on terminologies like Zoning; Zoning is related to land use, it is how the government regulate and control it. The government gives permission for people to build houses, businesses or factories and the communities takes control transforming cities into places more pleasant to live in, to control pollution, protect the environment, and create efficient transport links.
Zoning and regulating land use maximizes perseverance and protection of the quality of an area, whether urban or rural. For instance, Land zoned out for residential purposes should be positioned further away from industrial and large scale agricultural areas and fitted near commercial land zones. This is to avoid issues like:
1. Noise pollution
2. Decreased Water Quality
3. Spread of Invasive Species
4. Greenhouse Gas Emissions(Air pollution)
5.Soil Degradation and Erosion
6.Electrical transformers overloading etc.
Types of Land use
While studying land use, there are a few types we should consider, Those types include commercial, residential, recreational, transport and agricultural.
COMMERCIAL LAND USE
Commercial land use is land use where the deliberate use is to supply goods and or services and is open to the public, this means the land has been zoned out for the particular purpose of financial profit, moving goods and services and businesses. Examples of commercial use of land:
1.Hospitals
2.Malls
3.Markets
4.Banks
Etc.
RESIDENTIAL LAND USE
Residential land use is the land used for housing and is predominantly zoned out for the specific purpose of dwelling or living, this use of land does not accommodate other uses as individuals tends to build homes and raise a family around this environment. Examples of residential use of land:
1. Apartments
2.Housing estates
3.Condominiums
4.Hostels
5.Family homes
RECREATIONAL LAND USE
Cities try to make sure their cities are attractive to people – both visitors and residents, which results to them zoning lands for recreational purposes, it is mostly use for pleasure, some examples includes:
1. Museum
2.Sport center
3.Parks
4.Art galleries
TRANSPORTATION LAND USE
Transportation land use is for roads, railways, subways, or airports: anything that transports people or goods. This is the land delegated to the moving or transportation of goods and people from one spot to another.
AGRICULTURAL LAND USE
Agricultural land use includes activities such as cultivating the soil, producing crops, raising livestock, poultry, fishery or planting cover crops. It also can include leaving the land idle for crop or livestock rotation. Agricultural land use is not limited to just these as it is a major use of land with several government policies in place for operations.
LAND USE POLICY
Land use policies are rules and regulations on what is permitted on the land, they are introduced to help preserve or protect the environment. The policies creates plans and management of land types to determine the nature or type of zoning to be issued. The benefit of land use policies permits the development of societies (through managing urban land use), whilst also maintaining the environment and its natural resources. This brings us to PROPERTY RIGHTS.
What is Property Rights?
Buying and owning a property is satisfying, one of the keys to a potential financial free future, but in the pursuit to financial freedom there are certain factors to acknowledge, which is the rights as a property owner, the pros and cons.
First of all property right is the exclusive jurisdiction or authority to determine how a resource (the land) is used, whether owned by government or by individuals. Property rights give the owner or right holder the ability to do with the property what they choose. That includes holding on to it, selling or renting it out for profit, or transferring it to another party.
You earn property rights when you become a legal property owner. This occurs when the property is legally transferred to you with a deed and it’s recorded. The following are five property rights for property owners :
1. The Right Of Control
The right of control is your right to control the use of your property but must be in accordance to the law or legal. The right of control can include renovations, decorating your home, adding accessories, etc. The government however often have regulations that can compete with a homeowner’s right of control.
2. The Right Of Enjoyment
The right of enjoyment is your right to do as you please while on your property, as long as it’s not against the law. With the right of enjoyment, you can throw parties, play music and more.
3. The Right Of Possession
The right of possession is your right to own your property. As long as the document presents you as the titleholder, you’re the legal owner of the property and are responsible for it.
4. The Right Of Disposition
The right of disposition is your right to sell, will or transfer the ownership of your property.
5. The Right Of Exclusion
The right of exclusion is your right to control or determine who enters your property, in a case of any government interference, a court warrant must be presented.
Limitations on property rights
Property rights are not absolute, and homeowners need to be aware of their limits and also tenants need to know they do not possess property rights but tenants rights. Let’s go over some limitations and restrictions on property rights.
1. Encroachment
2.Claim of rights
3.Deed restrictions
4.State and local laws
5.Encumbrances
6.Liens
7.Legal restrictions
8.Eminent domain
9.Zoning laws
10.Easements
In any case of the above restrictions, a property owner can enforce their rights by legal actions, Municipal Enforcement and or Title insurance.