ENHANCING THE TRANSFERABILITY OF SQUATTER SETTLEMENTS THROUGH TITLE REGISTRATION: THE PORT HARCOURT WATER FRONTS' EXPERIENCE

ENHANCING THE TRANSFERABILITY OF SQUATTER SETTLEMENTS THROUGH TITLE REGISTRATION: THE PORT HARCOURT WATER

FRONTS' EXPERIENCE

Victor A. Akujuru

Department of Estate Management Faculty of Environmental Sciences

Rivers State University of Science and Technology P M B 5080, Nkpolu-Oroworukwo, Port Harcourt.

Email: [email protected]

Abstract

Key Words: Squatter settlements, Upgrading temporary occupation license, Registered title, Transferability

1.0 Introduction

Most of the Water Fronts surrounding the city of Port Harcourt are developed as squatter settlements. A squatter settlement is defined as:

Areas where groups of housing units have been constructed on land to which the occupants have no legal claim. In many cases, housing units located in squatter settlements are shelters or

The possession of a reqistered title to land is a basic

requirement to prove the ownership of any piece or parcel

of land. Squatter settlers hardly' possess any marketable

title in the Port Harcourt waterfronts. This paper traces the

titles given to dwellers of the water front settlement and

argues that if these settlements which had become the

permanent abode of many poor families, need to be

upgraded, then the money for the inhabitants' contribution

to the upgrading can only be procured if the squatter

settlement dwellers possess a marketable title to land. This

title can only be possible if a registration system is adopted

as a first step in upgrading the settlements. The paper

suggests that squatter settlement dwellers can only market

their title if such titles are first registered

structures built of easily combustible waste materials without an approved plan. (UNCHS Habitat, 1987)

The nature of a squatter settlement qualifies it to be generally classed as a slum. In a developing country like Nigeria, a slum is a place where there is the absence of basic life support services like water supply, electricity, sewage systems, garbage collection system, roads and public transport facilities. Significantly, there is no legal title to land. In the water fronts around Port Harcourt, there is no portable water supply, unreliable electricity, no defined roads, uncovered drains, no garbage collection and no public transport. Most developers in these settlements hold the land on "Temporary Occupation License" (TOL) basis, having reclaimed the swamps at their own expense. The title of TOL is not registerable under the Land Instruments Registration Law of Nigeria (CAP 74 lFN 1999). This title is not therefore marketable. This study, reviewed the permits issued to developers of land in the squatter settlements and interviewed Officers in the lands Bureau whose responsibility it is, to manage state lands. Financial institutions who would have liked to invest in these areas like the Federal Mortgage Bank and Primary Mortgage Institutions were also interviewed. Discussions with property developers in the squatter settlements thus indicated the hindrances to marketing the developed properties, most notable of which is the absence of a legal title.

2.0 Squatter Settlements in Port Harcourt The city of Port Harcourt emerged as a result of the dual need for a deep water port, to serve as a railway terminus to export coal from Udi (near Enugu) to other parts of Nigeria and West Africa and a port on the eastern axis to counter balance the Lagos port. The town was originally built on a 25 square miles (64.75 sq. km) farmland. As the major seaport in the South East of Nigeria, it became the provincial headquarters (originally Owerri Province), in 1926. By 1956 it became. the headquarters of Shell Darcy and in 1967; it became the capital of the new Rivers State of Nigeria. Between 1953 and 1994, the city's boundary extended northwards beyond the land between Bonny River and Amadi Creek. Today, the city continues loosely to University of Port Harcourt and Choba at the Old Calabar River Crossing and to Oyigbo, where the Aba Road crosses the Imo River. Along the Owerri Road, the city has almost merged with Igwuruta Town. Major industrial

complexes are encouraging an eastward expansion along the East-west road. These include the Nigeria National Petroleum Company (NNPC) refinery at Eleme, National Fertilizer Company of Nigeria (NAFCON) at Onne, Onne Port Complex and the Eleme Petrochemical. On the southern end, the city has extended beyond Borikiri, along the Bonny River. The waterside settlements along the southern end constitute the squatter settlements of Port Harcourt.

The Port Harcourt squatter settlements can broadly be grouped into Bundu, Ibadan, Abonnema Wharf, Nembe, Rex lawson, Enugu Njemanze and lately Okrika water sides. The first settlements in Bundu are reputed to have been here since 1954. These settlements exist on unsuitable swamplands that have been reclaimed manually by the settlers. They arose out of the overcrowding of the main city and the excessive demand for the few available houses, not matched by a corresponding increase ·in supply. Within the city, basic public utilities like treated water, sewage, refuse disposal, roads and electricity supply are either erratic or non-existent. This characteristic is worse in the squatter settlements as a result of the terrain on which they exist.

The swampland on which they are built, are reclaimed beyond the High Water Mark at Ordinary Tide (HWOT), thus extending the boundaries of the city along these axis. As the settlers reclaim portions of the swampland, they erect residential structures which at best qualify as shanties, made up of Corrugated Iron Sheets (CIS) as wall cladding, match board doors and windows and CIS roof coverings. Some developers screed the floors of their structures with cement. Many of these structures are gradually being replaced with sandcrete block buildings. There is basically no planning and most units exist on irregularly shaped parcels of land. Roads are only footpaths and toilet facilities are pier latrines built on the un-reclaimed swamps. Having erected their structures, they seek regularization of their occupation by Government. The government then issues them with a TOL as evidence of their interest on the reclaimed parcel. Table 1 show selected squatter settlements with their populations. In the 1991 census Nembe waterside had the highest population of all neighbourhoods in Port Harcourt City local Government Area.

Table 1: Size of some Squatter Settlements in Port Harcourt in 1993

SINo. Squatter Settlement No. of Buildings No. of Households

1 Rex-Lawson 1,730 1,880

2 Abonnema Wharf 600 750

3 Ibadan . 110 1,250

4 Enugu 1,725 1,825

5 Njemanze 350 500

Source: Survey of waterfront squatter settlements in Port Harcourt carried out by Third

Year undergraduates of Estate Management, RSUST, Port Harcourt

2.1 Property Titles in Squatter Settlement

Lawson (1963) describes title as, the shorthand term to denote the facts which, if proved, will enable a plaintiff to recover, and the defendant to retain, possession of a thing. Olawoye (1974) stated that title to land may be absolute or unrestricted, limited or restricted. When absolute, he argues, that it is synonymous with ownership and occupational rights and that it is only absolute, when it is not qualified by the superior right of another person, through whom the title is derived. The squatter settlements have developed in a piecemeal fashion with no title being granted to the occupants. The original occupants of these settlements, who developed the neighbourhoods have subsequently leased out part of their developments to tenants, who now constitute the majority of occupants in these settlements. While there are now two categories of occupants, this paper will concentrate on those who should have possessory titles to the land. Those tenants with mere usufructory rights are not considered in this discussion.

The occupants of the squatter settlements around Port Harcourt were never allocated the swamps on which they erected their structures. They reclaimed the swamps by throwing chikoko mud on areas they had access to; thereby shifting the HWMOT which formed the limit of the government's planned layouts on the southern boundary of Port Harcourt. Having pushed back the coast line by their reclamations, they create additional land in the respective water fronts for the society. However, this occurs in an unplanned manner. For fear of the government evicting them, occupants approach the government for a title to the reclaimed portion of swamps. Since government would rather deal with land comprehensively, they adopt an interim management tool in considering the request of the occupants.

Those occupants, who approach the government for legitimisation, are thus granted a Temporary Occupation License (TOL) as an evidence of their interest on the reclaimed swamp. By definition, the TOL does not qualify as a title to land. A license is only a formal or legal permission granted the occupants to occupy the swamp land temporarily, as an interim measure pending when the government is ready to use such land. The TOL thus granted, does not convey any title to land and is not an instrument to be registered.

The summary of the above is that occupants of the squatter settlements do not have any legal interest on the land and thus cannot transfer anything.

Their legal impotence was highlighted during the urban upgrading of the Aggrey Road Waterfront. When the Rivers State Government decided to upgrade this waterfront, the holders of the TOL were given quit notices for a minimal period of seven (7) days, as provided on the TOL issued to them. The settlers were neither entitled to compensation for their structures or the land on which they settled. This was because of the nature of the rights conferred by a TOL.

On completion' of the upgrading, very few of the original dwellers of the waterfront, secured any allocation of the newly constructed buildings. The inability of the dwellers to pay for the newly constructed buildings, occasioned by their low income status, hindered them from securing the allocation of the constructed buildings.

2.2 Requirements for Financing Transferability

Real Property is usually considered as good collateral for securing finance for development. Most real property developers, see it as an investment that could be sold for cash or cash equivalent or use it as a collateral. However, for this to occur, such property must have a registered title among other requirements. Also, the neighbourhood on which it situates must be a marketable one with very minimal risk. Clearly, the squatter settlements have no registerable titles and the neighbourhoods are viewed as being of very high risk because of their unplanned and unserviced nature. The properties are also not saleable. It follows that they are not transferable as they stand.

The preliminary step to be taken towards ensuring the transferability of these settlements is the validation of the occupants' title and eventual planning of the neighbourhoods.

2.3 Improved Transferability

The TOL issued requires the licensees to accept to vacate the site at a very short notice not exceeding seven days and to build only temporary huts. It further states that No cement blocks or any permanent material should be used and that no compensation shall be paid in respect of any hut erected, at the time the license is terminated. Clearly, the license does not transfer any interest in land and does not constitute a registerable instrument. In the case study areas, these conditions have been blatantly violated and are not being enforced.

To improve the transferability of the permanent buildings now standing in the squatter settlements, the first step will be to confer an interest on the occupants by issuing them an instrument to evidence their interest and that can be registered. A registerable instrument in Rivers State, is defined by Cap 74 (land Instrument Registration & Preparation law, 1925) as "a document affecting land whereby one party, called the grantor, confers, transfers, limits, charges or extinguishes in favour of another party, called the grantee, any right or title to or interest in land and includes a certificate of purchase, a Power of Attorney under which any instrument may be executed, but does not include a will."

The nature of the title to be conferred on the occupants and the qualification for such title is beyond the scope of this paper, which addresses only the registration of interests assuming they have been conferred. Most of the developments have no recognised and accessible residential address since they are illegal and the land they occupy belongs to government. These squatter settlements contain very large populations whose characteristics are generally unknown to economic and physical planners. It would be helpful to know who lives where and what belongs to whom, if such properties are to be transferable. This is the main reason for registration.

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2.4 Usefulness of Registration Registration information will be useful to Federal, State and Local governments and their agencies like electricity and water and sanitation providers. Table 2 provides a representation of uses and users of registration information. Table 2: Registration Uses by Various Agencies

General Urban Administration 0 0 - X - - - -

Delivery of Social Services 0 0 0 0 - - - X

Health Services Delivery 0 0 0 0 - ~ - - -

Censuses - - - 0 - - - -

Cost Recovery 0 0 X X 0 - - -

Property Taxation 0 0 - X - - - -

House Improvement Loans X X - - - X - -

Forward Planning 0 0 X X 0 - - -

Land Acquisition X X X X X - - -

Land Use Analysis X X X - - - - -

Household Surveys for X X - X - - - -

Socioeconomic &

Transportation Planning

Granting Property Titles 0 0 - 0 - - - -

Monitoring, Evaluation & X X - - - - - -

Impact Analysis

Marketing - - - - X 0 - -

Political Organization - - - - - - 0 -

Giving the House a Specific - - - - - - - 0

Address & Identity

Property Transactions X X X 0 - - - 0

Note: 0 = major use; X = minor use Source: Yahya Saad (1982). House registration handbook

Financial transactions with property, requires the presentation of a registered title to the property. If the property owners have a registered interest the transferability of their properties would have been enhanced. The state of the waterfront settlements at present do not qualify for any transaction with their properties. Since the phenomenon of buying real property on an all-cash basis will soon be a thing of the past, and if many slum dwellers would be given access to housing funds by financiers, then they must show evidence of registration of their properties.

Besides government organs, other users would include private commercial agencies, businesses and professionals. Property identification makes real estate transactions easier to execute, so that not only the plot owners benefit but associated service providers like estate. agents, lawyers and financiers will also benefit. Others like taxi-drivers, door-to-door salesmen, mail men, ambulance drivers, rent collectors, security agents, bailiffs, community nurses, midwives and drivers of delivery vans. It should be noted that each user would require different type and amount of information; hence the registration system must be designed to ensure the gathering of information with general usefulness.

2.5 Requirements of a Good Registration System

The ultimate aim of a registration system is to facilitate economic, social and political transactions in the squatter settlements. Some basic requirements of any good registration system in the given locality will include the following:

(a) Local Relevance: The content, format and presentation of recorded information should follow the prevailing custom and tradition.

(b). Ease of Execution and Administration: Any new system needs to be carefully evaluated with regards to the resources required to operate it.

(c) Use of Available Skills - Information gathering should utilise a minimal level of scare professional manpower. A system that utilises skilled and un-skilled staff, with minimum supervision is preferred.

(d) Simplicity: The system must be precise and comprehensive. While a simple information system may be difficult to design initially. it will be less expensive to install and use in the long run.

(e) Accuracy and Reliability; Official documents must be accurate and precise. Distinction must be made between working documents for internal use and official documents available for public use and scrutiny

(f) Efficient Storage and Retrieval: The information collected, should be kept in a way that will make it useful to potential users. It should be available when required.

(g) Ease of Review and Updating: As properties are transferred, or households change accommodation, the records would need to be changed and updated before they become outdated.

(h) Capacity for Technical Improvement: As information technology.improves and more resources become available, there will be the need for upgrading of information management systems.

(i) Accessibility to the Public: Registers, rolls and maps, should be public documents accessible during office hours.

U) Equity: Every type of development should be registered and there must be no discrimination in terms of race, religion or gender.

(k) Cost Effectiveness: The registration system must be self-financing in both economic and social terms. A costly cadastral survey and titling may not be justifiable where land is publicly owned.

3.0 Settlement Upgrading

This involves improving rather than replacing deficient dwellings (Oti 1997). It includes self-build improvements of houses by their occupants. For the occupants to have the funds to upgrade, they may pledge their properties as collateral for financial loans. Most lending agencies insist on a registered title to the property as one of the primary considerations. Otherconsiderations

may include identification of property and the perceived riskiness of the neighbourhood. These are all lacking in the squatter settlement around Port Harcourt. Oti (1997) states that settlement upgrading may include the following:

improving the structure of individual dwellings

providing additional services such as drainage, sewage, toilet, soak away pit, septic tank, kitchen, etc. change of use of existing buildings

providing recreational facilities, landscaping and open space

improving the standard of infrastructure.

Clearly, some of these are the responsibility of. the government, while some are individual responsibilities. For the government to adopt an upgrading policy, the first step is the adoption of a registration system.

4.0 Conclusion and Recommendations

It has been shown that most of the squatter settlements have increased the land space of the municipality of Port Harcourt. While the residents were expected to build temporary structures, those who have funds have since constructed sandcrete block houses. The settlements contain very sizeable populations of the urban poor but lack basic infrastructures, as the occupants have no legal interest on the land. The absence of any interest renders their properties untransferable, as they have no registered title to such properties. They are unable to raise funds with their properties, as the availability of a registered title is a sine qua non to the granting of mortgage facilities. The need and benefits of registration have been highlighted.

Settlement upgrading, is a capital expenditure .• Such capital may hardly be obtained from private savings and invariably, it is always sourced from financiers who require collaterals before parting with their funds. Besides the sandcrete blocks and mortar, the basic evidence of a collateral acceptable to financial institutions, is a registered title to the land. An unregistered title, is legally not transferable.

It is obvious that the first step to settlement upgrading and enhancing the transferability of properties in squatter settlements,is to adopt a basic registration system. It is hoped that future studies would consider the appropriate registration system to be adopted and the type of titles to be granted the occupants of squatter settlement.

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