1

A Study of Peripheral Community Land Acquisition Process for

Corporate Real Estate Development in Ogun State

ESV Olaseni O. ADETOKUNBOH ANIVS, RSV*

Dept. of Estate Management, Faculty of Env. Studies, University of Uyo, Uyo Nigeria/

Samson Agbato Consulting (Chartered Estate Surveying Firm), Lagos, Nigeria

ESV Samson E. AGBATO MRICS, FNIVS, RSV, FCIA, ACIA

Samson Agbato Consulting (Chartered Estate Surveying Firm), Lagos, Nigeria

&

ESV Abiola B. FAMUYIWA ANIVS

Fancie Corp (Real Estate Advisory Company), Abeokuta, Nigeria

adetokunboh.olaseni@mapoly.edu.ng, +234-805-671-2146

ABSTRACT

For over a decade, the involvement of corporate real estate development organisations and

some private institutions in residential development, in and around the peripheral

communities of Ogun State, is on the rise. Yet, it is understood that acquiring these sites is

habitually laced with a number of provoking and unpredictable factors every so often outside

the property developers’ control and which has led to quite a few consequences and

implications at different phases of the property development process. At this end, considering

the significance of land acquisition in the property development process and uniqueness of

the developmental drawbacks posed by the land factor, the study identified and examined the

evident issues and setbacks associated with acquiring peri-urban developable sites for

housing development in Ogun State, and also evaluate their occurrence rate and thus

establish the implications of these evident site acquisition hitches. Adopting the purposive

and convenience sampling techniques, real estate development establishments with project

development sites within the study area were sampled; questionnaire and observation were

employed. Each respondent provided information on at least one acquired site. From the

analysis, definite peri-urban site acquisition issues and difficulties were ascertained; and

extent of occurrence of these encountered acquisition setbacks and their general implications

on the development process were observed. The study, on the other hand, recommended some

feasible proposals and standpoints to mitigate these peripheral community site acquisition

problems with the goal of promoting sustainable housing sector and achieving a resilient

property market investment in Nigeria.

Keywords: Peri-urban, developable sites, sustainable development, Nigeria

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1. Introduction

Be where it is located – rural, peripheral or urban setting, land is said to be the

primary and obligatory resource needed by human for his daily survival. All human

livelihoods and activities are said to be directly and/or indirectly dependent on land at

vary thresholds. From time immemorial, land remains the cradle of existence and an

prerequisite catalyst for human actions and advances – a critical factor of production,

a valuable economic component that defines the social, cultural, financial, political

and technical relations in the society and serves as a relatively unlimited reservoir of

sustenance for the person who has the morality to utilise, exploit and relish of the

apportioned piece of it (Adetokunboh, Makinde & Agbato, 2017).

(Thus), in the realm of property development, acquiring a developable site is clearly

fundamental and it is commonly the property developers’ first commitment to a

project – since this is that critical to success as its influences the nature of a project.

Property development project, be it a single dwelling, office structure, shopping

complex etc., gets underway each and every time a plot of land is deemed suitable for

a farther intensive use or, probably, a complete alternative use, or if market (or

otherwise) demand for a distinctive use points to a quest for an appropriate

developable site (Cadman & Topping, 1995; Wilkinson & Reed, 2008; Adetokunboh,

Makinde & Agbato, 2017).

Remarkably, the property development industry in Nigeria has incorporated many

individuals, public institutions and private establishments in the construction,

investment and operation of various forms of properties to meet diverse needs which

include shelter, employment and social needs of her numerous citizens and

communities (Babade, 2003); and this industry records a considerable contribution to

the Nation’s real estate sector and her economy in general (Adetokunboh, 2011;

Adetokunboh, Makinde & Agbato, 2017).

It must be noted that the black continent including Nigeria have the highest rate of

urbanisation in the globe with unprecedented rate of development especially within

the peripheral communities (Lusugga-Kironde, 2009). For the past two decades, many

Ogun State peripheral communities sharing close proximity with the Nation’s biggest

commercial hub, Lagos State have been experiencing diverse residential forms of

property development schemes within their communities which are primarily under

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the operation and control of some private real estate investment establishments. These

peripheries are turning to predominant locations for dwellings for majorities of labour

force required by the business community, construction industry, and trade and

commerce.

In spite of this high influx of dwellers within these peripheral communities and the

rapid rate of property development activities especially of residential property types

by individuals and private property development companies, easy access and

acquisition of developable site is a critical concern in the development process.

Acquiring expanse of developable site within these peripheral communities could be

so infuriating and unpredictable - a property developer may have a supposed carefully

considered and planned developable land acquisition plan of action, but realising that

approach is reliant on many dynamics and influences which are oftentimes beyond his

control. In the words of Wilkinson and Reed (2008), a property developer’s ability to

acquire land is dependent on the availability of land at any particular time and the

availability of land is dependent on the state of the market, planning policies and

physical factors, and any particular case will also depend on the motives of the

particular landowner.

Bearing in mind the significance of securing suitable peri-urban developable sites in

the property development process and uniqueness of the developmental concerns and

problems posed by the land factor, the study has deemed it of the essence to ascertain

and examine the evident issues and setbacks associated with acquiring peri-urban

developable sites for housing development and thus establish the implications of these

evident site acquisition hitches on private real estate development with particular

reference to peripheral communities in Ogun State, Nigeria.

2. Understanding the Meaning of Peripheral Land

Peripheries, which are also known peri-urban areas or peripheral areas, signify the

neighbourhoods around, by, near or beyond cities; and accommodate the spillover

developments of the core cities. Peripheral areas are in some form of transition from

typical countryside to emerging town; these neighbourhoods often form immediate

urban-rural interface and may, in due course, develop into being fully urban. The

majority of peripheries are on the fringe of established areas, but they may also be

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clusters of residential developments within rural landscape. These areas may be

within the planning areas, but outside the administrative boundaries of the cities.

Oftentimes, these peripheral neighbourhoods boast of significant ecological, bio-

diversity, land and cultural heritage values. Its formation is shaped by a number of

socio-economic elements; viz., population growth in cities, migration, increased land

value in the city, increasing congestion and deterioration of living environment in the

city, higher transportation accessibility, availability of health and education facilities

outside the city, desire to own a house at affordable prices, availability of

communication facilities outside the city, and community and friends influence.

Moreover, developable (peripheral) land is an essential prerequisite in every

economic endeavour whether commerce, industry or technological undertakings; the

most crucial element in the property development process (Omirin, 2003; Iseh, 2007).

Developable site, according to Babade (2003), is a land whose characteristics include

suitability for the types of investment envisaged (as defined by location, size, terrain

and topography) and acceptability (as defined by planning status and market

prospects) without any known serious dispute.

Finally, the developable peripheries are the predominant neighbourhoods of dwellings

for majority of workforce required by various sizes of professional and non-

professional establishments. It is primarily the middle-income group of people that

reside within these neighbourhoods and they shuttle daily to the metropolises to work

(Anna, n.d.).

3. Forms of Access to Developable Peri-Urban Land

According to Babade (2003), access to land as the ability to procure and possess any

developable plot; a stage when right to land is secured and unchallenged, ceteris

paribus. For such land to be accessed, it must be available and affordable with well

secure tenure which can also be transferred easily.

Identifying the various forms of access to land, Babade (2003) quoting Farvacque and

McAuslan (1999) affirmed that it included private to private, public to private,

private to public to private, private or public to private and customary allocation.

Private to private form of access is described as the transfer of ownership during

private land transactions or by inheritance; public to private form of access happens

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when the government allocation process grants private individuals or corporate bodies

access to government land; while private to public to private category of access to

land occurs when private developable sites are pooled through a land banking scheme

under close monitoring by government and later redistributed to private individuals or

corporate establishments. While private or public to private form of access occurs

when the public or private invades private lands; this sort of access is classified as

informal and is common in many urban areas in the developing nations. Customary

allocation is a category of access to land within the framework of customary law

which is still applicable in many parts of Africa, Australasia and Asia.

4. Peripheral Site Acquisition Process for Property Development Purposes

Developable sites can be put into different uses; residential, commercial, agricultural,

industrial, recreational, institutional, religious, special purpose etc. and the extent to

which property developers minimise the risk inherent in the property development

process depends to some extent on the type of transaction agreed at this site

acquisition stage. Meticulous property developers will always try to minimise risk to

barest minimum and the site acquisition arrangements are chief in this respect. In an

ideal world, no acquisition will be made until all the relevant detailed information has

been obtained and all problems resolved (though in practice, it is virtually impossible

to remove every element of uncertainty).

Moreover, the degree to which the property developer can reduce risk to the site

acquisition stage is dependent on landowner’s method of disposal, amount of

competition and tenure. Nonetheless, certain steps, according to Adetokunboh,

Makinde and Agbato (2017), must be taken to acquire formally suitable developable

sites for appropriate property development purpose and these steps could include;

i. Initiation

ii. (Countryside) Survey and Site Identification

iii. Site Investigation

iv. Site Negotiation

v. Purchase and Outright Acquisition

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4.1 Initiation

The initial step in securing a site for property development purpose is to institute a

strategy defining the aims, nature and area of search. Property development

companies may confine themselves geographically or to particular types of

development, e.g. site and service, residential or mixed use development.

There are diverse ways of initiating site acquisition process for property development

and these include property developer’s initiatives, estate agent’s introduction,

landowner’s initiatives, and public sector initiatives. The developer, landowner, estate

agent and public sector are the main stakeholders involved in the initiation process.

Acquiring sites for development purposes are based on certain motives which could

include intensifying development and sales, opening a new real estate product within

a specified location etc.

4.2 (Countryside) Survey and Site Identification

Having explored and defined the bases for site acquisition, the next step is for the

property developer and his consultants to seek and identify appropriate sites within

the specified geographical zones. This survey is actually conducted to determine the

suitability and commercial viability of the specified locations for the development

project.

The general strategy and intentions of a property development company directs the

identification of acceptable sites and development opportunities. Besides, within this

same general overall strategy the property development company has to specify

thoroughly definite geographical areas of search and specific requirements, especially

in relation to the size, nature and location of sites.

4.3 Site Investigation

Having identified diverse approaches by which property developers identify and

secure developable sites, it is however pertinent to ascertain the different

investigations a property developer should undertake prior to the eventual site

acquisition. These investigations affect the conditions the property developer will

seek to impose in the contract to acquire the site.

Although the landowners will provide as much information as possible, it is up to the

property developers to satisfy themselves before entering into a commitment to

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acquire a site. Site investigation may show that the proposed property development

project is no longer viable because the physical state of the ground and the cost of

remedying the problems. The following site investigations are requisite when sites are

to be acquired by property developing companies; site survey, ground investigation,

legal title search, and utilities with services assessment.

4.4 Site Negotiation

In determining the preferred site for acquisition, the following indicators are to be

considered; nearness to market or demand for product, availability, accessibility,

price, title documents, soil quality and condition amongst others.

4.5 Purchase and Outright Acquisition

It is at this phase that original legal and related documents in respect of the acquired

site are exchanged for agreed monetary value and eventually the contractual

agreement papers are signed and consented to by the vendor, the property developer

and their concerned representatives.

5. Nature and Dimension of Peripheral Land Accessibility Constraints

From the viewpoint of Omirin (2003), access to land is a function of physical,

economic, social, institutional, and contextual factors; and constraints to access

developable sites emanate from any of these identified factors. The physical factors

establish the quantity and quality of land available; economic factors influence the

market conditions for acquisition, i.e. the demand and supply interface, price

mechanism, extent of competition and availability of finance; and social factors

influence the shaping of the land tenure system under which rights may be held and

exercised. Institutional factors regulate the mechanisms for exchange, use and

development.

Moreover, access to land fundamentally encompasses four elements; viz., availability,

affordability, security of tenure and ease of transaction. Availability is the ready

supply of developable site; affordability is the ease with which the cost of the

available land can be paid for devoid of unnecessary financial strain; security of

tenure is the certainty of the right to the developable site, i.e. possessing, occupying,

developing and using of the developable site without disturbance, conflicting claims

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and sudden loss while ease of transaction is acquiring site without facing unwarranted

difficulties.

However, the existing tenure patterns and private interests rarely harmonise with

social priorities. As a result, land may be physically available and yet not accessible

owing to exclusivity of ownership rights. What matters then is not how much land is

physically available at any given time, but how much of it is not available because of

obstacles to development. Besides, available and affordable land may be legally

insecure due to indeterminate titling arising from disputes over ownership or as a

result of the threat of compulsory acquisition. Also, available and affordable land with

good titles may be difficult to obtain because of transactional obstacles leading to

undue delays or additional expense. Since these problems have persisted and

intervention measures have had little or no influence, it is therefore imperative to

address these challenges by concentrating on all of the four elements, rather than

treating one element to the exclusion of all the others - all these four elements are

interconnected and mutually dependent and should, therefore, not be tackled in

seclusion (Omirin, 2003).

6. Study Area

The study area is the selected peripheral communities of Ogun State which are

currently undergoing different forms of residential development schemes organised

and funded by different property development companies. These selected peri-urban

neighbourhoods include Alamala, Alabata, Arepo, Atan, Awowo, Ifo, Isheri, Itori,

Mowe, Kobape, Obada Oko, Ofada, Ogunmakun, Oke Ata, Papalanto/Interchange,

Simawa and Siun.

7. Methodology

Primary data used for this study were assembled through the survey approach; mailed

and self-administered questionnaire. The study population embodies 78 verified

residential schemes funded, developed and operated by the real estate development

companies within the study area – which was established through the reconnaissance

field survey carried out by the researchers. Data collected were analysed using

descriptive statistics. Secondary data were collected from prior studies and relevant

publications.

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8. Findings and Discussions

8.1 Characteristics of Respondents

In an effort to realise the intent of the study, the entire selected respondents for the

study were strictly the land acquisition personnel and consultants to the real estate

development companies with existing projects within the study area and with cognate

working experience in regional site acquisition.

8.2 Concerns and Challenges of Peri-urban Land Acquisition for Private Residential

Development Scheme Purpose

Evident and collective peri-urban land acquisition issues and problems with respect to

developing private residential development schemes have been recognised to be

working in contrast to easy and cost-saving site acquisition process, and they include;

8.2.1 Complicated (small) plot assembly operations

Typically, these proposed sites to be acquired are of expanse in size and the

suitable peri-urban developable sites do belong to more than one person or family.

The process of assembling these multiple interests could be that complex and

infuriating at the start. The holders of interests in the subject land are commonly

adamant in letting go of the land because their interests were more of inheritance.

So, the persuasive and negotiation steps to buy off their interests usually take

months of extensive dialogues and efforts with the intervention of the community

heads and elders.

8.2.2 Multiple claims to ownership of sites

Another barrier to easy acquisition exercise is the issue of multiple claims to

ownership or interest in suitable sites. This is common where suitable sites belong

to multiple persons through the act of inheritance or gift.

8.2.3 Multi-layered negotiation

Due to the numerous holders of interests in the acquisition exercise, some

individuals and family members often come up with varied terms and conditions

making the negotiation cumbersome and fragmented.

8.2.4 Burdensome financial demands by the community chiefs and elders

For the negotiation to be successful, the community chiefs and elders are habitually

involved in the process, but their eventual cash and kind demands are sometimes

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unanticipated leading to breakdown and suspension of negotiations at different

phases. Consequently, these breakdowns in negotiations could accumulate into

months and the parting with huge sum of fund taking as gifts by the community

leaders - which are exclusive of the negotiated outright purchase values with the

landlords of the proposed suitable sites.

8.2.5 Harassment by community youths and hoodlums

Issues of recalcitrant community youths and hoodlums - often called omo onile are

not left out in the acquisition process. Still battling with the heavy demands of the

community chiefs and elders, the youths and hoodlums could hijack the process

making other demands as well. It is however noted that the neighbourhood youths

and omo onile often come in different groups to make different pecuniary and kind

demands which must be granted after breath-taking dialogues on the part of the

developers’ site acquisition personnel and consultants. Failure to honour the

neighbourhood/community youths’ demands could put an end to such acquisition

exercise.

8.2.6 Excessive competition from other investors and land speculators

Due to slow pace in decision making of some developers, other competitors

including land speculators do get ahead of them to acquire potential sites by luring

the landowners with better price, and juicier outright purchase terms and benefits.

8.2.7 Insufficient mortgage markets for some selectable peri-urban communities

Though the developers might have a somehow easy access to acquire developable

peripheral neighbourhood sites within the study area, but it has been observed that

the Federal Mortgage Bank of Nigeria might not be interested in funding such

projects because the locations of such easily accessible sites do not share a close

proximity with Lagos State.

8.2.8 Lack of basic infrastructure in selectable developable peripheral

communities

Though the proposed site for the residential development projects are with huge

development prospects, but the primary access road to these peripheral

communities are almost not motorable and there are no public mains to electricity,

portable water and telecommunication. Some acquisition exercises have been

halted due to this wanton lack of basic infrastructures within and around these

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selectable peripheral communities for housing development. Most of these

infrastructures are supposed to be provided by the government, but they are never

available.

8.2.9 Multiplicity of charges in the acquisition and land titling process

Multifarious bills are levied at the period of conducting chart, legal search,

mediating in the negotiation process, survey plan and approval, and the land titling

process. The cost of land titling is such exorbitant coupled with the monetary

demands of the public personnel assigned with the tasks and responsibilities to

facilitate the process. At different phases of the titling process, substantial monies

are being paid to the government purse and concerned public officials do make

open demand to fast-track the processes.

8.2.10 Rigid acquisition terms

During the negotiation phase of the acquisition exercise, stringent terms and

conditions are could be specified by the host communities vis-à-vis construction

of meeting hall, dwellings, elementary schools and other construction projects for

the use of the hosting peri-urban community. Some conditions could be provision

of jobs for the community indigenes when the construction works commence and

provision of basic amenities within the hosting neighbourhood.

8.2.11 Poor public development plans and standards

Despite the massive prospects within and around the peri-urban communities of

Ogun State, it has been observed that state government is somehow lackadaisical

in her approach to develop and invest in her peripheral communities. Impliedly,

there is a want of public development plans and standards in these communities

and these inadequacies in development plans are frustrating easy access and

acquisition of developable sites and funding from major prospects.

8.2.12 Hindrances posed by institutional factors including government guidelines

and policies

It has been realised that some notifications and guidelines by certain MDAs are

impediments to the effective and efficient site acquisition process. Some

government agencies and parastatals have been observed to come out with

notifications compelling developers to adhere to some guidelines as against the

national Urban and Regional Planning provisions.

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8.2.13 Difficult landforms

Due to the fact that the proposed size of land to be acquired is often in multiple

acres and hectares, land acquisition exercises have been halted due to difficult

landforms in some peripheral communities that possess huge face development

and investment prospects.

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8.3 Extent of Occurrence: Concerns and Challenges of Peri-urban Land Acquisition for Residential Development Projects

Source: Field Survey, 2019

Concerns and Challenges of Peri-urban Land Acquisition for Residential Development

Projects

Extent of Occurrence

(n = 78)

% Rank

Burdensome financial demands by the community chiefs and elders 68 87.2 1

Multi-layered negotiation 54 69.2 2

Harassment by community youths and hoodlums 49 62.8 3

Lack of basic infrastructure in selectable developable peripheral communities 47 60.3 4

Complicated plot assembly operations 43 55.1 5

Multiple claims to ownership of sites 39 50.0 6

Rigid acquisition terms 37 47.4 7

Poor public development plans and standards 33 42.3 8

Excessive competition from other investors and land speculators 26 33.3 9

Multiplicity of charges in the acquisition and land titling process 23 29.5 10

Insufficient mortgage markets for some selectable peri-urban communities 19 24.4 11

Hindrances posed by institutional factors including government guidelines and policies 17 21.8 12

Difficult landforms 12 15.4 13

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8.4 General Implications of Concerns and Challenges of Peri-urban Land

Acquisition for Residential Development Projects

The general implications of these recognised issues and problems of peri-urban land

acquisition for residential development projects include;

i. Incurring more cost on the acquisition of sites leading to unanticipated

increase in proposed gross development cost of the residential estate

development project.

ii. Predicted shortfall in revenue by the property development companies due to

high level of expenses incurred during the land acquisition exercise.

iii. Inability of the property development companies to achieve anticipated

coverage and services expansion.

iv. Continuous haphazard residential developments by individuals within these

peri-urban neighbourhoods – development activities that are checked or

regulated by the MDAs.

v. Prolonged poor physical community development within and around the

intended preferred localities.

vi. Loss of human and capital resources including time.

vii. Developers get discouraged and look elsewhere outside the peripheral

communities to invest their funds.

viii. Legal issues and disputes over ownership and boundary lines

ix. Double payment for a piece of land

x. Encroachment/trespassing due to poor boundary lines.

xi. Underutilisation of land and its resources within these neighbourhoods.

xii. Poor land administration and governance within the peri-urban settings

xiii. Inadequate access to mortgage fund and support.

8.5 Peri-urban Land Acquisition Matters in Relation to Private Residential Estate

Development Process

Evaluating the opinions of the respondents on some general noteworthy developable

sites acquisition matters as they affect private real estate development companies, it

was revealed by the respondents that;

i. Access to acceptable developable land for residential development purposes

could be a key challenge.

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ii. Peri-urban land acquisition process within the study area is relatively

frustrating and unpredictable.

iii. Availability of and access to suitable lands are essential to successful

development of any private institution residential property development

project.

iv. Ineffective access to suitable peri-urban land affects gross project

programmes, cost of development and development prices.

v. Degree to which developers reduce risk inherent in residential property

development process depends on some extent on type of transactions agreed at

site acquisition stage.

9. Recommendations

In line with unlocking the sustainable per-urban real estate development potentials for

economic growth and development of Ogun State and the nation at large, the study

hereby advocates the ensuing views and worthwhile initiatives to curtail the identified

barriers encountered in the acquisition process and their weighty complications;

i. With the technical support of the relevant MDAs and NGOs, the private real

estate development companies with their consultants must be willing to

engage in appropriate and adequate public enlightenment on the direct and

indirect prospects and opportunities of sustainable peripheral community

physical development by the private property developers in all sundries.

ii. To reduce level of hostilities, burdensome financial terms and rigid

negotiation terms on the part of the preferred peripheral communities, the real

estate development companies should be ready to get involved in direct

community development programmes and befitting corporate social

responsibilities before these are influenced by the preferred communities or

any other quarter.

iii. Residential development initiatives by private funded companies in peripheral

communities should provide both direct and indirect job opportunities for the

community youths, such as bush clearing, security and participation in the

construction works of the residential estates.

iv. In line with the SDGs goals, active participation of both local and foreign

NGOs must be enhanced in the promotion of sustainable physical and

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economic development of the peri-urban neighbourhoods – making urban

regeneration drive more feasible in the study area and country.

v. To the regulatory agencies including various concerned MDAs, existing and

proposed guidelines and policies must be appropriate and relevant – in line

with promoting the housing for all agenda.

vi. The government would have to embark on Land Reform Schemes.Tthis would

be targeted at enhancing accessibility to land, providing the needed security of

land rights, and maintaining efficient management of land as a vital resource

and heritage.

vii. Government should call for a genuine far-reaching dialogue with the real

estate development companies, relevant NGOs and the concerned people -

with the sole intention to create more awareness, identify roles of all

stakeholders in housing development, and address issues, challenges and

prospects of such investment and development.

viii. Government to accept the role of making strategic investment in basic

infrastructure and key services as a way of opening up peripheral communities

with huge potentials for residential development and boosting of IGR for the

state government.

ix. It has been noted that some African Nations like Ghana and Kenya are

working on series of innovative approaches for land administration. So, it

would be suggested that our government and developers partner with them in

order to design workable contemporary approaches to tackle the problems and

also put in considerable effort into enhancing the conventional remedial

measures.

x. Public Private People Partnership based development initiatives should be

encouraged in which the Government, the NGOs, the private real estate

developers and the concerned people can jointly get involved in real estate

development projects – this will facilitate efficient access to land. However,

the government should be ready to soften their grips as a way of encouraging

active and cordial relationship between the private and public participants.

10. Conclusion

Asserting the massive residential estate development activities of private developers

within many Ogun State peripheral communities, the study has succeeded in making

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certain the obvious concerns and challenges associated with acquiring expanse of land

for residential property development, and also evaluate their occurrence rate and

establish the implications of these apparent land acquisition complexities. Besides, the

study was able to discern that engaging certain initiatives and plans could aid in

mitigating these barriers and make acquisition process within the peripheries

relatively stress-free.

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