SVG 205 CADASTRAL SURVEYING NOTES

Cadastral surveying is a type of surveying that deals with the accurate physical identification,
demarcation, determination of geospatial location, dimension, shape, area, size or extent and
preparation/ production of map of a real property which may be on land, water or define by natural
features belonging to a particular individual or organization, state, country or region.

Cadastral survey product (Cadastral map/Survey plan) represent an important component in the
creation of legal document of a real property, therefore it must be carried out to ensure that spatial
measurement and legal principles are strictly adhere to.

Cadastral surveying involves the application of spatial-measurement principles alongside legal

principles, ensuring the respect for neighboring titles. This process is vital for land management,
property rights, and resolving disputes related to land ownership.

Cadastral mapping encompasses the identification of boundary points and the determination of the
location of such points. It involves the establishment of clear and legally recognized boundaries
for land parcels. Cadastral mapping is pivotal to establishing and enforcing property rights,
ensuring land tenure security, reducing land-related disputes, facilitating land market transactions
for the population it serves and overall land management (UN-HABITAT, 2012).

Principle of cadastral surveying

Cadastral surveying is guided by several fundamental principles that ensure accuracy, legality, and
fairness in carrying out the exercise. The key principles are:

1. Accuracy and Technical Standards: Cadastral surveys must be precise, reflecting exact
boundaries and measurements to avoid disputes and ensure reliable land records. It must
be carried out following established technical standard using appropriate equipment and
methods for data collection and analysis.

2. Legality: Surveys should comply with national and local laws regarding land ownership,
zoning, and property rights. That is to say ensuring adherence to established regulations in
the possession and ownership of the property to which survey applied.

3. Equity and Transparency: The process should ensure fair treatment of all parties
involved, respecting individual land rights and preventing illegal encroachments or
expropriation. Cadastral processes should be conducted openly, allowing stakeholders to
understand the methodologies used and the decisions made regarding land boundaries.

4. Consistency: Cadastral surveys should be consistent in methodology and record-keeping

to maintain trust in land registries and cadastral databases.

Scope of cadastral surveying

The following are the major scope of cadastral surveying aimed at the accurate and legally defining
property boundaries and rights:

1. Identification of Property Rights:, the first assignment in cadastral surveys is to identify

physical location as claim by the owner and inquire about rights associated with properties,
such as easements, leases, and other encumbrances that applied to the land.

2. Boundary Establishment and Re-establishment: Cadastral surveying involves defining

and marking the physical boundaries of real properties. This may include new surveys for
undeveloped land or re-establishing boundaries for existing properties, particularly in cases
of disputes or changes.

3. Measurement of Dimensions and Areas: Surveyors measure the dimensions and total
area of land parcels, using precise techniques and equipment. This information is crucial
for property taxation, valuation, and development.

4. Plan production and Documentation: Cadastral surveys result in detailed mappings and
legal descriptions that document the status of land title and boundaries. This documentation
is vital for land registries and for providing public access to property information.

Relevance of cadastral survey or cadastral plan

Cadastral surveying is very relevance to social economic of individual or organization. Some of
the key area of its relevance are explain below:

1. Defining Property Boundaries

Cadastral surveying establishes clear and accurate boundaries for land parcels, reducing
disputes over land ownership. By precisely delineating property lines, it helps prevent
encroachments and promotes peaceful coexistence among landowners.
2. Legal Recognition of Titles
Surveys are essential for the legal creation and recognition of land titles. In Nigeria, where
customary land rights exist alongside statutory land laws, cadastral surveys help formalize
ownership claims, making them legally enforceable in courts and land registries.
3. Reduction of Land Conflicts
Land disputes are common in Nigeria, often arising from unclear boundaries or overlapping
claims. Cadastral surveys provide objective, evidence-based resolutions to conflicts, which
can foster social stability and economic confidence in property investments.
4. Facilitating Land Transactions
Accurate cadastral surveys simplify the process of buying, selling, and leasing land. They
provide potential buyers with reliable information about property dimensions and rights,
thereby promoting transparency and trust in real estate transactions.
5. Land Use Planning and Development
 Cadastral surveys provide information for urban planning and land development strategies.
They help government authorities understand land availability, zoning regulations, and
property rights, which are essential for effective infrastructure development and sustainable
land use.
6. Taxation and Revenue Generation
Cadastral surveys provide the necessary data for property assessment and taxation.
Accurate information about land ownership and value, enables governments to assess
property taxes fairly, contributing to local and national revenue.
7. Supporting Investment and Development
Clear land ownership records and reliable surveying practices encourage both local and
foreign investment. Investors are more likely to engage in developments when they can be
assured of stable land tenure resulting from accurate and legally supported boundaries.
8. Land management
Cadastral survey integrated with modern technologies like GIS and GPS, improve and
increase geospatial information/data accessibility necessary for policy-making and land
management. This technological advancement enhances the efficiency of land
administration systems in Nigeria.
9. Empowering Communities
Cadastral surveying can help empower communities by clarifying land rights, especially
in rural areas where customary land tenure systems prevail. By documenting and
recognizing community lands, it supports collective rights and helps prevent land grabbing.

Challenges of cadastral surveying in Nigeria

Cadastral surveying in Nigeria faces several challenges that impact the effectiveness and reliability
of cadastral survey product. These challenges include:

1. Inadequate Infrastructure and Technology

Many areas in Nigeria lack the necessary surveying equipment and technology required for
accurate cadastral surveys. This is compounded by limited access to modern tools such as
GPS and GIS, which are essential for precise measurements and data management.
2. Legal and Institutional Frameworks
The legal framework governing land ownership in Nigeria is complex, involving
customary, statutory, and land use laws. This complexity can lead to confusion and
challenges in enforcing land rights and conducting surveys that comply with multiple legal
standards.
3. Land Disputes and Conflicts
There are frequent land disputes in Nigeria due to overlapping claims, unclear boundaries,
and the absence of documented land titles. These conflicts can hinder the survey process
and complicate the resolution of boundary issues.
4. Lack of Public Awareness
 Many landowners, especially in rural areas, lack awareness and understanding of the
importance of cadastral surveys and formal land titles. This ignorance can lead to resistance
against surveying efforts and a failure to recognize the benefits of formalizing land
ownership.
5. Corruption and Manipulation
Corruption within land administration systems can adversely affect cadastral surveying.
Some officials may manipulate survey results for personal gain, leading to fraudulent land
allocations and disputes over ownership.
6. Resource Constraints
Limited funding and human resources can impede the capacity of surveying agencies to
conduct comprehensive cadastral surveys. This scarcity often results in delays and
incomplete survey projects, affecting the accuracy and reliability of land records.
7. Urbanization and Land Use Pressure
Rapid urbanization in Nigeria places a growing demand on land resources, resulting in
increased pressure to survey and document land parcels efficiently. This demand can
overwhelm existing capacities and lead to hasty or inaccurate surveying practices.
8. Cultural and Traditional Rights
In Nigeria, many communities adhere to customary land tenure systems, which may
conflict with statutory land rights. Reconciling these systems can be challenging, as
cultural beliefs about land ownership and rights are deeply rooted in many communities.
9. Natural Factors
Geographical and environmental factors, such as flooding or difficult terrain, can
complicate the surveying process. Accessibility issues may hinder the ability to conduct
surveys in certain areas, particularly in rural or hard-to-reach regions.

Solution to challenges of cadastral survey

Addressing the challenges faced by cadastral survey requires the following steps though not
exclusive

1. Coordinated efforts from government bodies, the private sector, and community
stakeholders. Improvements in infrastructure,
2. Legal reforms,
3. Greater public education,
4. Proper maintenance of our natural resources
5. Provision of financial support for survey agency and organization and
6. Transparency in land administration can help enhance the effectiveness of cadastral
surveying in Nigeria.
A coordinate system in surveying is a mathematical method for identifying the location of a
point on the Earth's surface. Coordinate systems are essential tools for surveying because they
provide a consistent and standardized way to measure and locate positions.
Coordinates are usually represented as figures that indicate the distance of a location from two
coordinate axes. The axes are perpendicular to one another and run from south to north or from
west to east. The point where the axes meet is known as the origin or "zero" point
Most coordinate systems use two numbers, a coordinate, to identify the location of a point. Each
of these numbers indicates the distance between the point and some fixed reference point, called
the origin. The first number, known as the X value, indicates how far left or right the point is
from the origin. The second number, known as the Y value, indicates how far above or below the
point is from the origin. The origin has a coordinate of 0, 0.
Coordinate system is usually defined based on the following:
The location of the origin
The projection that is used to draw the earth on a flat map
The units that are used to measure the distance from the origin
Types of coordinate systems used in surveying:
Geographic coordinate system
Uses latitude and longitude to define a location on the Earth's surface. This system is based on a
sphere and is often used to locate positions relative to the equator and prime meridian.
Grid/plane coordinate system
Based on a two-dimensional plane, this system is often used in mapping and GIS. It provides a
more accurate representation of distances and angles on the Earth's surface.
Polar coordinate system
This is a coordinate system that define position of points whose origin is chosen at any
convenient point and is defined by the direction made by the clockwise angle from the origin up
north and the distance to the point.
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Land dispute
Land dispute may be seen as a situation whereby contracting description of a piece or parcel of a
land are given by two parties which tends to gives an impression that the land or parcel of land is
overlapping or the land is claimed by the two parties.
Administratively boundary are demarcated based on the agreement or decision by the concern
authority on the location of the boundary. There are various way of demarcating or describing
administrative boundaries. This include
Use of natural features e.g. rivers, hills, ocean, etc
Use of man-made features e.g. road, railway line, forest, marking object, wall etc
Use of adjoining nation.
Use of Survey measurement e.g bearing and distance, geographic grid or coordinate.
The description and demarcation methods mentioned sometime are subject of ambiguity, therefore
dispute arises.
Causes of land Dispute
Land disputes in Nigeria arise from a variety of complex and interrelated factors. Here are some
common causes:
1. Land Tenure Systems: Nigeria has multiple land tenure systems, including customary, statutory,
and leasehold systems. Conflicts often arise due to differences in how land ownership and rights
are understood and interpreted within these systems.
2. Urbanization and Population Growth: Rapid urbanization leads to increased demand for land,
often resulting in disputes over ownership, boundary demarcation, and usage rights.
3. Inheritance Practices: Traditional practices surrounding land inheritance can lead to conflicts,
especially when there are no clear records or when heirs dispute claims.
4. Government Acquisition and Allocation: Issues related to land acquisition for public purposes
may cause grievances. Lack of transparency and inadequate compensation can fuel disputes
between landowners and the government.
5. Conflicts between Farmers and Pastoralists: Resource competition between these groups,
particularly in the northern regions, often leads to violent clashes over grazing rights and farmland.
6. Cultural and Ethnic Factors: In some areas, land disputes are influenced by ethnic affiliations
and cultural claims to land, leading to tensions and sometimes violent confrontations.
7. Legal Inconsistencies: Ambiguities in national and state land laws can lead to confusion and
differing interpretations, exacerbating disputes.
8. Fraudulent Practices: Instances of land fraud, such as falsifying documents or selling the same
land to multiple buyers, contribute significantly to disputes.
9. Corruption: Corruption in land administration processes can lead to arbitrary decisions and
favoritism, resulting in conflicts.
10. Environmental Factors: Natural resource management, especially concerning oil and mineral
resources in regions like the Niger Delta, can lead to disputes over land ownership and rights.
These factors highlight the multifaceted nature of land disputes in Nigeria, which are often deeply
rooted in social, economic, and political contexts. Role of Traditional rulers in resolving

Role of traditional Rulers in Land Dispute

Traditional leaders play a significant role in land dispute resolution, especially in regions where
formal legal systems may be less accessible or culturally alien. Here are some key aspects of their
role:
1. Cultural Authority - Traditional leaders often hold deep cultural and historical significance
within their communities. Their decisions are respected and can carry more weight than formal
judicial rulings.
2. Mediation and Conflict Resolution - They often act as mediators in land disputes, facilitating
discussions between conflicting parties. Their familiarity with local customs allows them to
navigate sensitive issues effectively.
3. Customary Law - Decisions made by traditional leaders may be based on customary laws, which
are often more flexible and adaptable to local contexts than statutory laws. This allows for
resolutions that are culturally appropriate.
4. Community Cohesion - By resolving disputes, traditional leaders help maintain social harmony
within their communities, preventing conflicts from escalating into violence or prolonged disputes.
5. Restorative Justice - Traditional leaders may emphasize restorative justice principles, focusing
on reconciliation rather than punishment, which can lead to more sustainable and accepted
outcomes.
6. Legal Recognition - In some jurisdictions, the role of traditional leaders in land adjudication is
recognized by law, allowing them to enforce their resolutions in conjunction with formal legal
systems.
7. Education and Outreach - They often play a role in educating communities about land rights and
obligations, helping to prevent disputes before they arise through awareness initiatives.
Limitations to the role of traditional Rulers in Land dispute
While traditional leaders can be effective in resolving land disputes, their decisions may sometimes
be influenced by power dynamics, and not all communities may view their authority equally.
Furthermore, their reliance on customary practices can occasionally conflict with statutory laws.

Conclusion
In summary, traditional leaders are pivotal in resolving land disputes through their cultural
authority, mediation skills, application of customary law, and emphasis on community cohesion.
Their effectiveness can vary based on the context and the legal framework within which they
operate.
Legal Framework of Land dispute in Nigeria.

The legal framework governing land disputes in Nigeria is quite complex and involves several key
laws, institutions, and traditional practices. The following are some of these:

1. Land Use Act of 1978

This is the primary legislation governing land in Nigeria. Key features include:

 State Ownership: All land in Nigeria is vested in the state, which grants rights to
individuals and entities through land use titles.
 Certificates of Occupancy (C of O): A legally recognized title issued to individuals or
entities that gives them a right to occupy and use land. Disputes often arise over the
issuance and validity of these certificates.

2. Tenure System
Land tenure can be classified into:

 Statutory Tenure: Governed by the Land Use Act, including rights conferred by
Certificates of Occupancy.
 Customary Tenure: Based on local customs and traditional practices. This is significant
in rural areas, and disputes may arise over competing claims to land based on customary
rights.

3. Legal Institutions

Various bodies deal with land disputes:

 Land Use and Allocation Committees: Handle applications and grievances regarding
land allocation.
 Ministry of Lands and Urban Development: Oversees land administration at the state
level.
 Courts: The judiciary interprets land laws and resolves disputes. The High Court usually
handles civil land disputes, while some states have special land tribunals.
 Community leader: community leaders plays roles of settlement in land dispute in form
of arbitration using customary law or cultural tradition. This enhance community cohesion
and build sustainability to socio-cultural coexistence among members of the community.

4. Dispute Resolution Mechanisms

Disputes can be resolved through:

 Alternative dispute resolution (ADR): This includes mediation, arbitration, conciliation,

negotiation, and mini-trial. ADR is usually faster and less expensive than court
proceedings.
 Customary arbitration: This is the most common method of conflict resolution in Nigeria.
 Litigation: If mediation fails, the next step is to file a lawsuit in the High Court of the state
where the land is located.
 Land survey: A licensed surveyor can demarcate the land and provide boundary maps that
can be used as evidence in court.
 Governor's consent: The Land Use Act requires the Governor's consent for any land
transaction, including sale, lease, or mortgage. .

5. Relevant Laws and Principles

Several other laws and principles influence land disputes:

 Property Law Principles: General principles of property law apply.

 Environment Laws: Impact land use and disputes regarding environmental protection.
  Customary Laws: Local customs may play a significant role in resolving land disputes,
especially in rural areas.

6. Challenges

Land disputes in Nigeria are often exacerbated by:

 Inconsistent Application of Laws: Variations in how laws are applied across different
states.
 Corruption: In the administration of land titles and disputes.
 Land Grabbing: Issues arising from illegal acquisition of land, often leading to conflicts.

Conclusion

Navigating land disputes in Nigeria requires an understanding of the complex interplay between
statutory laws, customary practices, and the judicial process. For anyone involved in such disputes,
it may be beneficial to consult legal experts familiar with local laws and practices.