LECTURE NOTE

ON

CADASTRAL SURVEYING II

(COURSE CODE: SVI 214)

COMPILED BY

SURV. U. C. OKEKE

DEPARTMENT OF SURVEYING & GEOINFORMATICS

FACULTY OF ENVIRONMENTAL SCIENCES
NNAMDI AZIKIWE UNIVERSITY, AWKA

FEBRUARY 2023

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1.0 COASTAL ZONE MANAGEMENT- PURPOSE, OBJECTIVE AND CHALLENGES
The Coastal zones are defined by the extent of territorial waters up to the high water mark.
They are long, narrow features of mainland, islands and seas, generally forming the outer
boundary of the coastal domain. The coastal zone is the interface where the land meets the
ocean, encompassing shoreline environments as well as adjacent coastal waters. Its components
can include river deltas, coastal plains, wetlands, beaches and dunes, reefs, mangrove forests,
lagoons, and other coastal features. The limits of the coastal zone are often arbitrarily defined,
differing widely among nations, and are often based on jurisdictional limits or demarcated by
reasons of administrative ease.

Coastal zones throughout the world have historically been among the most heavily exploited
areas because of their rich resources. Not surprisingly, there is also a sharp conflict between the
need for immediate consumption or use of coastal resources and the need to ensure the long-
term supply of those resources. In many countries like Nigeria this conflict has already reached
a critical stage, with large parts of the coastal zone polluted from local or upland sources,
fisheries severely degraded or destroyed, wetlands drained, coral reefs dynamited and beaches
long since ruined for human enjoyment. If these coastal resources are to be maintained and
restored, effective action is urgently needed. To answer this need, a management system has
been designed: Integrated Coastal Zone Management (ICZM).

The Integrated Coastal Zone Management (ICZM) is a process of governance that consists of
the legal and institutional framework necessary to ensure that development and management
plans for coastal zones are integrated with environmental and social goals, and are developed
with the participation of those affected.

The Integrated Coastal Zone Management (ICZM) is based on two sets of principle- firstly
agreed international norms, which were set out in the Rio Declaration on Environment and
Development; and secondly based on bio-physical nature of the coastal zone.

The purpose of ICZM is to maximize the benefits provided by the coastal zone and to minimize
the conflicts and harmful effects of activities upon each other, on resources and on the
environment. It starts with an analytical process to set objectives for the development and
management of the coastal zone. ICZM should ensure that the process of setting objectives,
planning and implementation involves as broad a spectrum of interest groups as possible, that

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the best possible compromise between the different interests is found, and that a balance is
achieved in the overall use of the country’s coastal zones.

Coastal zone management as a formal governmental activity was first undertaken in the United
States in 1972 with the enactment by the U.S. Congress of the Coastal Zone Management Act.
Results of the U.S. effort are generally thought to be positive. A number of other nations
initiated coastal management efforts of one type or another in the late 1970s and early 1980s. In
fact, terms such as coastal zone management, coastal resource management, and coastal area
management have been used virtually interchangeably to describe such efforts. Many of these
programs, however, dealt with a single sector — for instance coastal erosion or shoreline land
use. Most did not attempt to deal comprehensively with the entire coastal zone and its full
range of resources.

Beginning in the mid-1980s, as the difficulties inherent in using a single sector approach in
attempting to manage something as complex as the coastal zone became more apparent, the
concept of Integrated Coastal Zone Management came into being. ICZM differs from the
earlier form of CZM in that it attempts a more comprehensive approach—taking account of all
of the sectoral activities that affect the coastal zone and its resources and dealing with
economic and social issues as well as environmental/ecological concerns. The goal, of course,
is to harmonize these activities in such a way that all of them are consistent with and support a
broader set of overarching national goals for the coastal zone.

Encouragement for coastal nations to develop their own integrated coastal zone management
infrastructures emerged during the preparation for the United Nations Conference on
Environment and Development (UNCED) that culminated in the Earth Summit held in Rio de
Janeiro, Brazil in June 1992. The Agenda 21 Action Plan adopted at Rio by all nations assigns
a prominent role to ICZM in the oceans part of the document (chapter 17). The
Intergovernmental Panel on Climate Change (a scientific body) and the Intergovernmental
Negotiating Committee on Global Climate Change (a negotiating and policy body) have also
recently endorsed ICZM and urged that it be begun as early as possible to increase
preparedness to deal with the potentially far-reaching impact of climate change upon the
coastal zone.

At the onset several caveats are necessary with regard to these guidelines. First, a single set of
guidelines cannot fit all situations. Although an effort has been made to reflect varying

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 governmental, economic, and environmental contexts, obviously all of the countless
possibilities cannot be included. Second, given the governmental nature of ICZM, these
guidelines have been prepared from a governmental/public policy perspective. This means that
they emphasize institutional, policy, legal, and regulatory aspects and, to a lesser extent,
economic and ecological factors. It is likely that other, specialized sectoral and issue-specific
guidelines will be developed later by other agencies such as for fisheries, agriculture, forestry,
port construction, pollution, and tourism.

1.1 PURPOSE OF COASTAL ZONE MANAGEMENT

The goals of the Coastal Management (CZM) are to “preserve, protect, develop, enhance, and
restore where possible, the coastal resources.” The purposes of Coastal Zone Management are
given below:
1. To maximize the benefits provided by the coastal zone
2. To minimize conflicts and harmful effects of activities upon each other, resources and the
environment. Preserving and protecting the productivity and biological diversity of
coastal ecosystems, mainly through prevention of habitat destruction, pollution, and
overexploitation
3. To promote linkages between sectoral activities. Strengthening sectoral management, for
instance through training, legislation, and staffing
4. To guide coastal area development in an ecologically sustainable fashion. Promoting
rational development and sustainable utilization of coastal resources.

1.2 OBJECTIVE OF COASTAL ZONE MANAGEMENT

The prime objective of CZM is to create balance between development needs and protection of
natural resources which means if coastal ecosystems are manage through the guiding principles
of sustainability then livelihoods of millions will be protected and their survival guaranteed.
“To preserve and protect the coastal zone from activities that may cause degradation of quality
or loss of coastal land”

1.3 CHALLENGES OF COASTAL ZONE MANAGEMENT

The Coastal Zone Management is an interdisciplinary and inter-sectoral approach to problem
definitions and solutions in the coastal zone. Hence, faces numerous challenges which are
given below:
1. Failure to appreciate the interconnections within coastal systems

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 2. Inadequate legislation and lack of enforcement
3. Limited understanding and experience in ICZM
4. Limited understanding of coastal and marine processes
5. Lack of trained personnel, relevant technologies and equipment

1.4 THE NIGERIAN COASTAL ZONE

The Nigeria coastline stretches to about 853km through a total of eight states (Lagos, Ogun,
Ondo, Delta, Bayelsa, Rivers, Akwa Ibom and Cross River, which are estimated to account for
over 25% of the national population. Based on the morphological, vegetational and beach type
characteristics, the coastal zone is classified into four broad regions namely, from west to east,
the barrier lagoon coast, the transgressive mud coast, the Niger Delta, and the strand coast. The
coastline comprises inshore waters, coastal lagoons, estuaries and mangroves, especially in the
Niger Delta area. The major economic activities in the coastal zone are oil and gas and
exploitation, fishing, shipping, agriculture, sand-mining and tourism. The coastal area is dotted
by ports and large metropolitan and urban centers including Lagos. However, coastal zones in
Nigeria face a range of challenges, such as coastal erosion, flooding, oil spill, overexploitation
of natural resources, marine and coastal pollution, and mangrove depletion and Nypa palm
invasion. All these are negatively impacting the people’s livelihood and climate change and sea
level rise are exacerbating them.

Despite its rich resources and economic opportunities, the coastal zone is affected by severe
pressures: unplanned urbanization has increased people’s exposure to air pollution, poor
sanitation, unsafe drinking water, and toxic wastes; floods and erosion have increasingly
devastating effects; moreover, sea level rise is exacerbating these threats. Thus, the coastal zone
is undergoing alarming environmental degradation, leading to deaths from air and water
pollution; losses of assets such as houses and infrastructure; and degradation of critical
ecosystems, such as mangroves.

1.5 West Africa Coast Areas (WACA) Management Programs Interventions

Within the framework of the WACA program, the development of the multi-sectoral
investment plans (MSIP), an action plan for the coastal zone development and adaptation to
climate change is underway. The plan aim for addressing coastal flooding, erosion, and
pollution at selected intervention sites.

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1.6 Key agencies in Nigeria
1. International Economic Relations Department, Federal Ministry of Finance:
2. Erosion Control, Flood and Coastal Zone Management, Federal Ministry of Environment;
3. Climate Change Department, Federal Ministry of Environment;
4. Environmental Assessment Department, Federal Ministry of Environment;
5. National Environmental Standards and Regulations Enforcement Agency, NESREA,
Federal Ministry of Environment
6. National Oil Spill Detection and Response Agency (NOSDRA);
7. Nigeria Maritime Administration and Safety Agency, (NIMASA), Federal Ministry of
Transport;
8. Nigeria Ports Authority (NPA), Federal Ministry of Transport:
9. Nigeria Institute of Oceanography and Marine Research (NIOMR), Federal Ministry of
Water Resources;
10. National Inland Waterways Authority (NIWA), Federal Ministry of Transport;
11. Niger Delta Development Commission, Federal Ministry of Niger Delta Affairs; and
12. Ecological Funds Office; Office of the Secretary to the Federation.

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2.0 LAW OF THE SEA

Law of the sea is a body of international law governing the rights and duties
of states in maritime environments. The law of the sea is a body of customs, treaties, and
international agreements by which governments maintain order, productivity, and peaceful
relations on the sea. It concerns matters such as navigational rights, sea mineral claims, and
coastal waters jurisdiction.

While drawn from a number of international customs, treaties, and agreements, modern law of
the sea derives largely from the United Nations Convention on the Law of the Sea (UNCLOS),
effective since 1994, which is generally accepted as a codification of customary international
law of the sea, and is sometimes regarded as the "constitution of the oceans". Law of the sea is
the public law counterpart to admiralty law (also known as maritime law), which applies to
private maritime issues, such as the carriage of goods by sea, rights of salvage, ship collisions,
and marine insurance.

2.1 HISTORY
Among the earliest examples of legal codes concerning maritime affairs is the Byzantine Lex
Rhodia, promulgated between 600 and 800 C.E. to govern trade and navigation in the
Mediterranean. Maritime law codes were also created during the European Middle Ages, such
as the Rolls of Oléron, which drew from Lex Rhodia, and the Laws of Wisby, enacted among
the mercantile city-states of the Hanseatic League.

However, the earliest known formulation of public international law of the sea was in 17th
century Europe, which saw unprecedented navigation, exploration, and trade across the world's
oceans. Portugal and Spain led this trend, staking claims over both the land and sea routes they
discovered. Spain considered the Pacific Ocean a mare clausum—literally a "closed sea" off
limits to other naval powers—in part to protect its possessions in Asia. Similarly, as the only
known entrance from the Atlantic, the Strait of Magellan was periodically patrolled by Spanish
fleets to prevent entrance by foreign vessels. The papal bull Romanus Pontifex (1455)
recognized Portugal's exclusive right to navigation, trade, and fishing in the seas near
discovered land, and on this basis the Portuguese claimed a monopoly on East Indian trade,
prompting opposition and conflict from other European naval powers.

Amid growing competition over sea trade, Dutch jurist and philosopher Hugo Grotius—
considered the father of international law generally—wrote Mare Liberum (The Freedom of the

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Seas), published in 1609, which set forth the principle that the sea was international
territory and that all nations were thus free to use it for trade. He premised this argument on the
idea that "every nation is free to travel to every other nation, and to trade with it." Thus, there
was a right to innocent passage over land and a similar right of innocent passage at sea. Grotius
observed that unlike land, on which sovereigns could demarcate their jurisdiction, the sea was
akin to air, a common property of all:

The air belongs to this class of things for two reasons. First, it is not susceptible of occupation;
and second its common use is destined for all men. For the same reasons the sea is common to
all, because it is so limitless that it cannot become a possession of any one, and because it is
adapted for the use of all, whether we consider it from the point of view of navigation or of
fisheries.

Writing in response to Grotius, the English jurist John Selden argued in Mare Clausum that the
sea was as capable of appropriation by sovereign powers as terrestrial territory. Rejecting
Grotius' premise, Selden claimed there was no historical basis for the sea to be treated
differently than land, nor was there anything inherent in the nature of the sea that precluded
states from exercising dominion over parts of it. In essence, international law could evolve to
accommodate the emerging framework of national jurisdiction over the sea.

As a growing number of nations began to expand their naval presence across the world,
conflicting claims over the open sea mounted. This prompted maritime states to moderate their
stance and to limit the extent of their jurisdiction towards the sea from land. This was aided by
the compromise position presented by Dutch legal theorist Cornelius Bynkershoek, who in De
dominio maris (1702), established the principle that maritime dominion was limited to the
distance within which cannons could effectively protect it.

Grotius' concept of "freedom of the seas" became virtually universal through the 20th century,
following the global dominance of European naval powers. National rights and jurisdiction
over the seas were limited to a specified belt of water extending from a nation's coastlines,
usually three nautical miles (5.6 km), according to Bynkershoek's "cannon shot" rule. Under
the mare liberum principle, all waters beyond national boundaries were
considered international waters: Free to all nations, but belonging to none of them.

In the early 20th century, some nations expressed their desire to extend national maritime
claims, namely to exploit mineral resources, protect fish stocks, and enforce pollution controls.
To that end, in 1930, the League of Nations called conference at The Hague, but no agreements

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 resulted. By the mid-20th century, technological improvements in fishing and oil exploration
expanded the nautical range in which countries could detect and exploit natural resources. This
prompted United States President Harry S. Truman in 1945 to extend American jurisdiction to
all the natural resources of its continental shelf, well beyond the territorial waters of the
country. Truman's proclamation cited the customary international law principle of a nation's
right to protect its natural resources. Other nations quickly followed suit: Between 1946 and
1950, Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical miles
(370 km) to cover their Humboldt Current fishing grounds.

2.2 UN Convention of the Law of the Sea

Fig 2.1 Maritime zones are a core component of modern law of the sea.

The first attempt to promulgate and codify a comprehensive law of the sea was in the 1950s,
shortly after the Truman proclamation on the continental shelf. In 1956, the United Nations
held its first Conference on the Law of the Sea (UNCLOS I) in Geneva, Switzerland, which
resulted in four treaties concluded in 1958:
a. Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September
1964
b. Convention on the Continental Shelf, entry into force: 10 June 1964

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 c. Convention on the High Seas, entry into force: 30 September 1962
d. Convention on Fishing and Conservation of Living Resources of the High Seas, entry
into force: 20 March 1966

The Convention on the Continental Shelf effectively codified Truman's proclamation as

customary international law. While UNCLOS I was widely considered a success, it left open
the important issue of the extent of territorial waters. In 1960, the UN held a second Conference
on the Law of the Sea ("UNCLOS II"), but this did not result in any new agreements. The
pressing issue of varying claims of territorial waters was raised at the UN in 1967 by Malta,
prompting in 1973 a third United Nations Conference on the Law of the Sea in New York City.
In an attempt to reduce the possibility of groups of nation-states dominating the negotiations,
the conference used a consensus process rather than majority vote. With more than 160 nations
participating, the conference lasted until 1982, resulting in the UN Convention of the Law of
the Sea, also known as the Law of the Sea Treaty, which defines the rights and responsibilities
of nations in their use of the world's oceans.

UNCLOS introduced a number of provisions, of which the most significant concerned

navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs),
continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the
marine environment, scientific research, and settlement of disputes. It also set the limit of
various areas, measured from a carefully defined sea baseline.

The convention also codified freedom of the sea, explicitly providing that the oceans are open
to all states, with no state being able to subject any part to its sovereignty. Consequently, state
parties cannot unilaterally extend their sovereignty beyond their EEZ, the 200 nautical miles in
which that state has exclusive rights to fisheries, minerals, and sea-floor deposits. "Innocent
passage" is permitted through both territorial waters and the EEZ, even by military vessels,
provided they do no harm to the country or break any of its laws.

The convention came into force on 16 November 1994, one year after it was ratified by the
60th state, Guyana; the four treaties concluded in the first UN Conference in 1956 were
consequently superseded. As of June 2019, UNCLOS has been ratified by 168 states. Many of
the countries that have not ratified the treaty, such as the U.S., nonetheless recognize its
provisions as reflective of international customary law. Thus, it remains the most widely
recognized and followed source of international law with respect to the sea.

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 Between 2018 and 2020, there is a conference on a possible change to the law of the sea
regarding conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction (General Assembly resolution 72/249).

2.3 RECOGNITION AND ENFORCEMENT OF LAW OF THE SEA

Although UNCLOS was created under the auspices of the UN, the organization has no direct
operational role in its implementation. However, a specialized agency of the UN,
the International Maritime Organization, plays a role in monitoring and enforcing certain
provisions of the Convention, along with the intergovernmental International Whaling
Commission, and the International Seabed Authority (ISA), which was established by the
Convention to organize, regulate and control all mineral-related activities in the international
seabed area beyond territorial limits.

UNCLOS established the International Tribunal for the Law of the Sea (ITLOS), based in
Hamburg, Germany, to adjudicate all disputes concerning the interpretation or application of
the Convention (subject to the provisions of Article 297 and to the declarations made in
accordance with article 298 of the Convention). Its 21 judges are drawn from a wide variety of
nations. Because the EEZ is so extensive, many ITLOS cases concern competing claims over
the ocean boundaries between states As of 2017, ITLOS had settled 25 cases.

2.4 MARITIME LAW

Law of the Sea should be distinguished from maritime law, which concerns maritime issues
and disputes among private parties, such as individuals, international organizations, or
corporations. However, the International Maritime Organization, a UN agency that plays a
major role in implementing law of the sea, also helps to develop, codify, and regulate certain
rules and standards of maritime law.

2.5 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 December

1982

2.5.1 OVERVIEW
The United Nations Convention on the Law of the Sea lays down a comprehensive regime of
law and order in the world's oceans and seas establishing rules governing all uses of the oceans
and their resources. It enshrines the notion that all problems of ocean space are closely
interrelated and need to be addressed as a whole. The Convention was opened for signature on

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10 December 1982 in Montego Bay, Jamaica. This marked the culmination of more than 14
years of work involving participation by more than 150 countries representing all regions of the
world, all legal and political systems and the spectrum of socio/economic development. At the
time of its adoption, the Convention embodied in one instrument traditional rules for the uses of
the oceans and at the same time introduced new legal concepts and regimes and addressed new
concerns. The Convention also provided the framework for further development of specific
areas of the law of the sea.

The Convention entered into force in accordance with its article 308 on 16 November 1994, 12
months after the date of deposit of the sixtieth instrument of ratification or accession. Today, it
is the globally recognized regime dealing with all matters relating to the law of the sea. The
Convention (full text) comprises 320 articles and nine annexes, governing all aspects of ocean
space, such as delimitation, environmental control, marine scientific research, economic and
commercial activities, transfer of technology and the settlement of disputes relating to ocean
matters. Some of the key features of the Convention are the following:
a. Coastal States exercise sovereignty over their territorial sea which they have the right to
establish its breadth up to a limit not to exceed 12 nautical miles; foreign vessels are
allowed "innocent passage" through those waters;
b. Ships and aircraft of all countries are allowed "transit passage" through straits used for
international navigation; States bordering the straits can regulate navigational and other
aspects of passage;
c. Archipelagic States, made up of a group or groups of closely related islands and
interconnecting waters, have sovereignty over a sea area enclosed by straight lines drawn
between the outermost points of the islands; the waters between the islands are declared
archipelagic waters where States may establish sea lanes and air routes in which all other
States enjoy the right of archipelagic passage through such designated sea lanes;
d. Coastal States have sovereign rights in a 200-nautical mile exclusive economic zone (EEZ)
with respect to natural resources and certain economic activities, and exercise jurisdiction
over marine science research and environmental protection;
e. All other States have freedom of navigation and overflight in the EEZ, as well as freedom
to lay submarine cables and pipelines;
f. Land-locked and geographically disadvantaged States have the right to participate on an
equitable basis in exploitation of an appropriate part of the surplus of the living resources

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 of the EEZ's of coastal States of the same region or sub-region; highly migratory species of
fish and marine mammals are accorded special protection;
g. Coastal States have sovereign rights over the continental shelf (the national area of the
seabed) for exploring and exploiting it; the shelf can extend at least 200 nautical miles
from the shore, and more under specified circumstances;
h. Coastal States share with the international community part of the revenue derived from
exploiting resources from any part of their shelf beyond 200 miles;
i. The Commission on the Limits of the Continental Shelf shall make recommendations to
States on the shelf's outer boundaries when it extends beyond 200 miles;
j. All States enjoy the traditional freedoms of navigation, overflight, scientific research and
fishing on the high seas; they are obliged to adopt, or cooperate with other States in
adopting, measures to manage and conserve living resources;
k. The limits of the territorial sea, the exclusive economic zone and continental shelf of
islands are determined in accordance with rules applicable to land territory, but rocks
which could not sustain human habitation or economic life of their own would have no
economic zone or continental shelf;
l. States bordering enclosed or semi-enclosed seas are expected to cooperate in managing
living resources, environmental and research policies and activities;
m. Land-locked States have the right of access to and from the sea and enjoy freedom of
transit through the territory of transit States;
n. States are bound to prevent and control marine pollution and are liable for damage caused
by violation of their international obligations to combat such pollution;
o. All marine scientific research in the EEZ and on the continental shelf is subject to the
consent of the coastal State, but in most cases they are obliged to grant consent to other
States when the research is to be conducted for peaceful purposes and fulfils specified
criteria;
p. States are bound to promote the development and transfer of marine technology "on fair
and reasonable terms and conditions", with proper regard for all legitimate interests;
q. States Parties are obliged to settle by peaceful means their disputes concerning the
interpretation or application of the Convention;
r. Disputes can be submitted to the International Tribunal for the Law of the Sea established
under the Convention, to the International Court of Justice, or to arbitration. Conciliation is
also available and, in certain circumstances, submission to it would be compulsory. The
Tribunal has exclusive jurisdiction over deep seabed mining disputes.
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2.6 MARITIME ZONES
The rights of coastal States to regulate and exploit areas of the ocean under their jurisdiction are
one the foundations of the LOSC (Law of Sea Convention). These rights need to be balanced
with the freedom of navigation and access to resources outside State control – the freedom of
the seas. To demarcate the proverbial rules of the road, the LOSC permits coastal States to
establish several different maritime zones. These zones give coastal States different
jurisdictional rights. In general, a State has more rights in zones near to its coastline than it does
further into the ocean. The main challenges associated with these zones are how variations in
geography affect where zones end and where new zones begin.

2.6.1 MARITIME ZONES AND HOW THEY ARE DETERMINED

Maritime zones are drawn using what the LOSC calls “baselines.” Unlike inland waters, coastal
waters rise and fall in tides. Rather than having moving maritime boundaries, the baseline is
fixed to begin at the low-water line along the coast. The low-water line is derived from the
coastal State’s own charts.1
These zones are measured using nautical miles, a measurement based on the circumference of
the Earth. One nautical mile equals roughly 1.15 miles on land. As seen in the graphic below,
the LOSC divides the ocean into five different zones:
1. Internal Waters
2. Territorial Sea
3. Contiguous Zone
4. Exclusive Economic Zone
5. High Seas & Deep Ocean Floor

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 Fig 2.2 Maritime Zones Schematic

The convention set the limit of various areas, measured from a carefully defined baseline.
(Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented,
has fringing islands or is highly unstable, straight baselines may be used.) The areas are as
follows:

A. INTERNAL WATERS
Internal waters are all the waters that fall landward of the baseline, such as lakes, rivers, and
tidewaters. States have the same sovereign jurisdiction over internal waters as they do over
other territory. There is no right of innocent passage through internal waters. The coastal state
is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage
within internal waters. A vessel in the high seas assumes jurisdiction under the internal laws of
its flag State.

B. TERRITORIAL SEA
Everything from the baseline to a limit not exceeding twelve nautical miles is considered the
State’s territorial sea. Territorial seas are the most straightforward zone. Much like internal
waters, coastal States have sovereignty and jurisdiction over the territorial sea. Out to 12
nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws,
regulate use, and use any resource. These rights extend not only on the surface but also to the
seabed and subsoil, as well as vertically to airspace. The vast majority of States have
established territorial seas at the 12 nautical mile limit, but a handful have established shorter
thresholds.

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 While territorial seas are subject to the exclusive jurisdiction of the coastal States, the coastal
States’ rights are limited by the passage rights of other States, including innocent passage
through the territorial sea and transit passage through international straits. This is the primary
distinction between internal waters and territorial seas.
Vessels were given the right of innocent passage through any territorial waters, with strategic
straits allowing the passage of military craft as transit passage, in that naval vessels are allowed
to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by
the convention as passing through waters in an expeditious and continuous manner, which is
not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting,
weapons practice, and spying are not "innocent", and submarines and other underwater vehicles
are required to navigate on the surface and to show their flag. Nations can also temporarily
suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the
protection of their security.
There is no right of innocent passage for aircraft flying through the airspace above the coastal
state’s territorial sea.

C. CONTIGUOUS ZONE
States may also establish a contiguous zone from the outer edge of the territorial seas to a
maximum of 24 nautical miles from the baseline. Beyond the 12-nautical-mile (22 km) limit,
there is a further 12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous
zone. Here a state can continue to enforce laws in four specific areas (customs, taxation,
immigration, and pollution) if the infringement started or is about to occur within the state's
territory or territorial waters. This makes the contiguous zone a hot pursuit area.
This zone exists to bolster a State’s law enforcement capacity and prevent criminals from
fleeing the territorial sea. Within the contiguous zone, a State has the right to both prevent and
punish infringement of fiscal, immigration, sanitary, and customs laws within its territory and
territorial sea. Unlike the territorial sea, the contiguous zone only gives jurisdiction to a State
on the ocean’s surface and floor.3 It does not provide air and space rights.

D. EXCLUSIVE ECONOMIC ZONE (EEZ)

These extend 200 nmi (370 km; 230 mi) from the baseline. Within this area, the coastal nation
has sole exploitation rights over all natural resources. In casual use, the term may include the
territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly
heated clashes over fishing rights, although oil was also becoming important. The success of an

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 offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world,
and by 1970 it was technically feasible to operate in waters 4,000 metres (13,000 ft) deep.
Foreign nations have the freedom of navigation and overflight, subject to the regulation of the
coastal states. Foreign states may also lay submarine pipes and cables
Unlike other zones whose existence derived from earlier international law, the EEZ was a
creation of the LOSC. States may claim an EEZ that extends 200 nautical miles from the
baseline. In this zone, a coastal State has the exclusive right to exploit or conserve any
resources found within the water, on the sea floor, or under the sea floor’s subsoil. These
resources encompass both living resources, such as fish, and non-living resources, such as oil
and natural gas. States also have exclusive rights to engage in offshore energy generation from
the waves, currents, and wind within their EEZ. Article 56 also allows States to establish and
use artificial islands, installations and structures, conduct marine scientific research, and protect
and preserve the marine environment through Marine Protected Areas. Article 58 declares that
Articles 88 to 115 of the Convention relating to high seas rights apply to the EEZ “in so far as
they are not incompatible with this Part [V].”
Due to the maritime features discussed later in this chapter, the U.S. has the largest EEZ in the
world, totaling 3.4 million square nautical miles. The EEZ’s size derives from the large
coastlines on the Atlantic Ocean, the Gulf of Mexico, the western continental U.S., Alaska,
Hawaii and many small outlying Pacific islands. Although not a signatory of LOSC, The U.S.
established an EEZ by Presidential Proclamation in 1983. EEZs of States worldwide constitute
38% of the oceans of earth that were considered part of the high seas prior to adoption of the
LOSC.

The EEZ is the most misunderstood of all the maritime zones by policymakers in States around
the world. Unlike the territorial sea and the contiguous zone, the EEZ only allows for the
previously mentioned resource rights and the law enforcement capacity to protect those rights.
It does not give a coastal State the right to prohibit or limit freedom of navigation or over flight,
subject to very limited exceptions.

E. HIGH SEAS AND DEEP OCEAN FLOOR

The ocean surface and the water column beyond the EEZ are referred to as the high seas in the
LOSC. Seabed beyond a coastal State’s EEZs and Continental Shelf claims is known under the
LOSC as the Area. The LOSC states that the Area is considered “the common heritage of all
mankind” and is beyond any national jurisdiction. States can conduct activities in the Area so

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 long as they are for peaceful purposes, such as transit, marine science, and undersea
exploration.
Resources are a more complicated matter. Living resources, such as fish, are available for
exploitation by any vessel from any State. Although the LOSC does not impose any limitations
on fishing in the high seas, it encourages regional cooperation to conserve those resources and
ensure their sustainability for future generations. The U.S. is party to separate conventions and
regional fisheries management organizations that govern international fishing activity.

Non-living resources from the Area, which the LOSC refers to as minerals, are handled
differently from fish, since mineral extraction projects are capital intensive to build and
administer. To maintain such projects without national control, LOSC created the International
Seabed Authority, referred to as the Authority in the LOSC document. This international body,
headquartered in Jamaica, is responsible for administering these resource projects through a
business unit called the Enterprise. The Enterprise was organized to be governed much like a
public-traded corporation with a Council (functioning as an Executive Committee) and a
Secretariat (which handles day-to-day administration). As an international body, the Authority
also includes an Assembly of representatives from each nation which functions like a large
Board of Directors. Unlike a publicly traded corporation, the Assembly is the supreme body for
setting policy in the Authority. Since the ratification of the LOSC, there has been limited
activity in relation to these provisions.

2.7 Other Maritime Zones

A. ARCHIPELAGIC WATERS
The convention set the definition of "Archipelagic States" in Part IV, which also defines how
the state can draw its territorial borders. A baseline is drawn between the outermost points of
the outermost islands, subject to these points being sufficiently close to one another. All waters
inside this baseline are designated "Archipelagic Waters". The state has sovereignty over these
waters (like internal waters), but subject to existing rights including traditional fishing rights of
immediately adjacent states. Foreign vessels have right of innocent passage through
archipelagic waters (like territorial waters).
An archipelagic state is a designation used for island countries that consist of an archipelago.
The designation is legally defined by the United Nations Convention on the Law of the Sea
(UNCLOS). In various conferences, The Bahamas, Fiji, Indonesia, Papua New Guinea, and the
Philippines are the five original sovereign states that obtained approval in the UNCLOS signed

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 in Montego Bay, Jamaica on 10 December 1982 and qualified as the archipelagic states.
Archipelagic states are composed of groups of islands forming a state as a single unit, with the
islands and the waters within the baselines as internal waters. Under this concept ("archipelagic
doctrine"), an archipelago shall be regarded as a single unit, so that the waters around, between,
and connecting the islands of the archipelago, irrespective of their breadth and dimensions,
form part of the internal waters of the state, and are subject to its exclusive sovereignty. The
baselines must enclose the main islands of the archipelago, and the enclosed water to land ratio
must be "between 1:1 and 9:1".
The approval of the United Nations (UN) for the five sovereign states as archipelagic states
respect existing agreements with other countries and shall recognize traditional fishing rights
and other legitimate activities of the immediately adjacent neighbouring countries in certain
areas falling within archipelagic waters. The terms and conditions for the exercise of such
rights and activities, including the nature, the extent and the areas to which they apply, shall, at
the request of any of the countries concerned, be regulated by bilateral agreements between
them. Such rights shall not be transferred to or shared with third countries or their nationals. As
of 20 June 2015, a total of 22 sovereign states have sought to claim archipelagic status

B. CONTINENTAL SHELF

A continental shelf is a portion of a continent that is submerged under an area of relatively

shallow water known as a shelf sea. Much of these shelves were exposed by drops in sea level
during glacial periods. The shelf surrounding an island is known as an insular shelf. The shelf
usually ends at a point of increasing slope (called the shelf break). The sea floor below the
break is the continental slope. Below the slope is the continental rise, which finally merges into
the deep ocean floor, the abyssal plain. The continental shelf and the slope are part of
the continental margin

Fig 2.3 Continental Shelf

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The shelf area is commonly subdivided into the inner continental shelf, mid continental shelf,
and outer continental shelf, each with their specific geomorphology and marine biology. The
character of the shelf changes dramatically at the shelf break, where the continental slope
begins. With a few exceptions, the shelf break is located at a remarkably uniform depth of
roughly 140 m (460 ft); this is likely a hallmark of past ice ages, when sea level was lower than
it is now.

The continental slope is much steeper than the shelf; the average angle is 3°, but it can be as
low as 1° or as high as 10°. The slope is often cut with submarine canyons. The physical
mechanisms involved in forming these canyons were not well understood until the 1960s.

The continental shelf is defined as the natural prolongation of the land territory to
the continental margin's outer edge, or 200 nautical miles (370 km) from the coastal state's
baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles
(370 km) until the natural prolongation ends. However, it may never exceed 350 nmi (650 km;
400 mi) from the baseline; nor may it exceed 100 nmi (190 km; 120 mi) beyond the 2,500
metres (8,200 ft) isobath (the line connecting the depth of 2 500 m). Coastal states have the
right to harvest mineral and non-living material in the subsoil of its continental shelf, to the
exclusion of others. Coastal states also have exclusive control over living resources "attached"
to the continental shelf, but not to creatures living in the water column beyond the exclusive
economic zone.
The continental shelf is a natural seaward extension of a land boundary. This seaward extension
is geologically formed as the seabed slopes away from the coast, typically consisting of a
gradual slope (the continental shelf proper), followed by a steep slope (the continental slope),
and then a more gradual slope leading to the deep seabed floor. These three areas, collectively
known as the continental margin, are rich in natural resources, including oil, natural gas and
certain minerals.

The LOSC allows a State to conduct economic activities for a distance of 200 nautical miles
from the baseline, or the continental margin where it extends beyond 200 nautical miles. There
are two methods to determine the extent of a continental margin under the LOSC. The first
method is by measuring geological features using what is called the Gardiner formula. By
measuring the thickness of sedimentary rocks, the edge of the shelf is drawn where sedimentary
rocks become less than 1 percent of the thickness of the soil. 7 The second method is to use
fixed distances in what is called the Hedberg formula. This method allows States to draw its

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 boundary 60 miles from the foot of the shelf’s slope.8 This expanded continental shelf cannot,
however, exceed (i) 350 miles from the baseline or (ii) 100 miles from the 2,500-meter isobath.

To prevent abuse of the continental shelf provisions, the LOSC established the Commission on
the Limits of the Continental Shelf (CLCS). The CLCS uses scientists to evaluate States’
claims about the extent of their continental shelves and whether they conform to the
Convention’s standards. The economic rights within the continental shelf extend only to non-
living resources and sedentary living resources, such as shellfish. It also allows the coastal State
to build artificial islands, installations, and structures. Other States can harvest non- sedentary
living resources, such as finfish; lay submarine cables and pipelines; and conduct marine
research as if it were international waters (see below). As with the EEZ, continental shelf rights
do not grant a State the right to restrict navigation. The area outside of these areas is referred to
as the "high seas" or simply "the Area". Aside from its provisions defining ocean boundaries,
the convention establishes general obligations for safeguarding the marine environment and
protecting freedom of scientific research on the high seas, and also creates an innovative legal
regime for controlling mineral resource exploitation in deep seabed areas beyond national
jurisdiction, through an International Seabed Authority and the common heritage of
mankind principle.

Landlocked states are given a right of access to and from the sea, without taxation of traffic
through transit states.

2.8 MARITIME FEATURES

Although it is easy to determine how baselines can be drawn from large areas of continental
coastline, there are other maritime features that can affect how zones are drawn. These include:
1. Straight baselines (which are not a feature, but change the baseline when used)
2. River Mouths
3. Bays
4. Islands
5. Rocks
6. Reefs and Atolls
7. Low-Tide Elevations
8. Artificial Islands, Installations, and Structures

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A. Straight Baselines
To accommodate deeply indented coastline and fringes of islands along the coast, the LOSC
allows for use of straight baselines. These baselines, drawn between features and coastline to
created straight lines, allow States to create fixed points to deal with the wild distance variances
caused by such features. Any sea between the coast and the straight baseline is considered
internal waters rather than territorial waters. The practical effect of straight baselines is that
they push a State’s maritime borders outward. As a consequence, States ranging from Canada
to China have aggressively used straight baselines in ways that are not accepted by the U.S.
States are not able to arbitrarily draw straight baselines in order to extend their maritime claims.
The LOSC provides that straight baselines must conform to the general direction of the coast
and the sea area lying with the lines must be closely linked to the coast.15 Straight baselines
cannot be drawn across low-tide elevations (see definition below). Finally, they cannot be used
to cut off another State’s access to their territorial sea or EEZ. Straight baselines can be
considered in the case of “economic interest peculiar to the region concerned” if there is
demonstrated “long usage” by the State drawing the baseline.

B. River Mouths
River mouths are where rivers empty into the ocean. States with river mouths are permitted to
draw a straight baseline between the low-water lines on each bank.
C. Bays
Bays are one of the more complex maritime features. In general, a bay is a large indentation in
a shoreline. This can become an issue with straight baselines as States may try to classify large
bays as internal waters to project maritime boundaries out further and control overflight access.
To prevent this, the LOSC defines a bay as a “well-marked indentation… (where) its area is as
large as, or larger than, that of a semi-circle whose diameter is a line drawn across the mouth of
that indentation.” The amount of control a State has over a bay is based on the distance between
the low-water line on either side of the bay’s entrance. If the entrance is equal to or less than 24
miles wide at low-tide, then a State may draw a straight baseline across the entrance,
effectively making the entire bay internal waters. If the entrance is more than 24 miles wide, a
State can only draw a straight baseline 24 miles across the bay in a way that maximizes the area
of internal waters. So-called “historic” bays, such as the Chesapeake Bay, are exempt from this
provision.

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D. Islands
Islands are naturally formed land areas surrounded by water on all sides. Islands must be above
the water at high tide and able to sustain human habitation or economic life of their
own. Islands possess the same maritime zones as other landmasses, including a territorial sea,
contiguous zone, EEZ, and continental shelf. Islands do not need to be inhabited to create those
maritime zones; they only need to be capable of sustaining human habitation or economic life.
See below for information on artificial islands, which are treated differently than naturally
occurring islands.

E. Rocks
A rock in the LOSC is defined as an island that is unable to support human habitation or
economic life. Rocks provide their owners with less control than islands, providing only a
territorial sea and a contiguous zone. They do not create or further the extent of an EEZ. Rock
is a legal term and does not refer to any particular type of geological formation. For example, a
sandbar can be considered a rock.

F. Reefs and Atolls

Reefs are formations of coral, roughly shaped like mountains, which run just below the surface
of the water. Atolls are small, U-shaped islands or reefs which are made from coral. In the case
of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the
breadth of the territorial sea is the seaward low-water line of the reef

G. Low-Tide Elevations
A low-tide elevation is a landmass that is completely submerged during high tide but above
water at low tide. These elevations do not create any zones of maritime control on their own. If
a low-tide elevation falls within the boundary of a State’s territorial sea as measured from the
mainland or an island, that State may draw a baseline from the low-water line of the low-tide
elevation rather than from the shore.

H. Artificial islands, Installations, and Structures

States have the right to construct artificial islands, installations and structures within their
EEZ. Owners of such artificial features are permitted to establish reasonable safety zones,
usually not to exceed 500 meters (1649 feet) or acceptable standards from international safety
organizations such as the International Maritime Organization. Since they are not naturally
occurring, artificial features do not create a territorial sea, contiguous zone, EEZ, or continental
shelf.

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2.9 EFFECTS AND CONTROVERSIES OF MARITIME ZONES AND FEATURES

The LOSC specifically defines the various maritime zones and features. However, there are
ongoing controversies around the world over the definition of those features and the zones they
should produce. It is easy to see why, depending on the type of feature.

The dispute over the Gulf of Sidra illustrates the challenges posed by bays and straight
baselines. Located between the eastern and western halves of Libya, the Libyan government
under Muammar Gadhafi in the 1970s attempted to draw a straight baseline across the Gulf of
Sidra and declare it as internal waters. This would have allowed Libya a much larger area to
restrict navigation and overflight. Most nations did not recognize the claim because, under the
LOSC, the baseline did not conform to the shape of the coast. These nations also opposed
Libya’s claim to historical use due to a lack of demonstrated usage and its large size.

2.4 Libya’s Claim to the Gulf of Sidra

Another challenge centers on the definition of islands. There is an incentive for States to obtain
island status for their deep ocean features. Unlike rocks or low-water elevations, islands project
a full territorial sea with overflight control and a full EEZ. This issue is most prevalent in the
South China Sea, which is rich in resources and contains many maritime features that may or

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 may not be islands entitled to large EEZs. Even small islands, such as the Spratly Islands,
which total 1.5 square miles in size, can project hundreds of square nautical miles of exclusive
economic control over the South China Sea. This issue is discussed in more detail in
Finally, rising sea levels threaten to alter the current demarcation of maritime zones. As already
discussed, rocks and low-tide elevations create much smaller zones of control than islands.
Rising sea levels could effectively downgrade the status of some islands to that of rocks or low-
tide elevations that would deny their owners an EEZ. The LOSC provides no clear guidance on
this emerging issue.

2.10 FREEDOM OF NAVIGATION

2.10.1 RIGHT OF INNOCENT PASSAGE
The right of innocent passage for foreign vessels within the territorial sea of a coastal State is
defined as “navigation through the territorial sea for the purpose of (a) traversing that sea
without entering internal waters or calling at a roadstead or port facility outside internal waters;
or (b) proceeding to or from internal waters or a call at such roadstead or port facility.” Passage
must be “continuous and expeditious,” but it may include stopping and anchoring when
incidental to ordinary navigation or rendered necessary by unusual circumstances.5
Article 19 of the LOSC declares that passage is “innocent” so long as it is not prejudicial to the
peace, good order, or security of the coastal State and further outlines a list of 12 activities that
are considered “prejudicial.” This list effectively precludes a range of military operations,
including practicing or exercising weapons; collecting information to the prejudice of the
coastal State; launching, landing or taking on board any aircraft or military device; and
jamming coastal State communications. Submarines and underwater vehicles conducting
innocent passage must navigate on the surface and show their flag. It is important to note that
the right of innocent passage only applies to foreign vessels. Aircraft in flight are not entitled to
innocent passage and thus aircraft must remain onboard vessels during innocent passage.
An exception to the authority to deny innocent passage to aircraft exists within the limited
context of the “right of assistance entry” based on the long-recognized duty of mariners to
render immediate rescue assistance to those in danger or distress at sea. The right of assistance
entry permits entry into the territorial sea by ships or, under certain circumstances, aircraft
without permission of the coastal State for the limited purposes of rescue or assistance. This
principle of customary international law is also reflected in the “duty to render assistance”
described in Article 98 of the LOSC.

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 The right of innocent passage applies to straits used for international navigation in accordance
with the LOSC and cannot be suspended even when a situation of armed conflict exists. The
right of innocent passage also applies to archipelagic waters, but it can be subject to temporary
published suspensions for the protection of coastal State security.

2.10.2 LAWFUL LIMITATIONS ON INNOCENT PASSAGE

Laws and Regulations of the Coastal State Relating to Innocent Passage
Article 24 prohibits coastal States from hampering the innocent passage of foreign ships
through the territorial sea unless specifically authorized by other Articles of the LOSC. Coastal
States are also prohibited from discriminating among States or cargoes from different
nations. However, the LOSC permit coastal States to adopt laws and regulations related to
passage through the territorial sea in the following list of circumstances:
a. The safety of navigation and the regulation of maritime traffic;
b. The protection of navigational aids and facilities and other facilities or installations;
c. The protection of cables and pipelines;
d. The conservation of the living resources of the sea;
e. The prevention of infringement of the fisheries laws and regulations of the coastal State;
f. The preservation of the environment of the coastal State and the prevention, reduction
and control of pollution thereof;
g. Marine scientific research and hydrographic surveys;
h. The prevention of infringement of the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State;
i. Prevention of collisions at sea including the use of designated sea lanes and traffic
separation schemes; and
j. Require foreign nuclear-powered ships and ships carrying nuclear or other inherently
dangerous or noxious substances to carry documents and observe special precautionary
measures established for such ships by international agreements.
Despite the broad regulatory authority outlined above, Article 26 of the LOSC prohibits the
imposition of charges levied upon foreign ships for innocent passage unless a ship receives
services rendered by the coastal State for which payment is due, such as refueling or
maintenance.

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2.10.3 RIGHTS OF PROTECTION OF THE COASTAL STATE
A coastal State may take necessary steps in its territorial sea to prevent passage which is not
innocent and may announce temporary suspensions of innocent passage through a required
public notice if the suspension is essential for security reasons, which include weapons
exercises. While the text of the relevant articles of the LOSC does not explicitly grant the right
of innocent passage to warships, the overall language of the LOSC in the context of its
negotiation history and customary international law all make it clear that warships enjoy the
right of innocent passage on an unimpeded and unannounced basis. However, if a warship does
not comply with coastal State regulations that conform to established principles of international
law and disregards a request for compliance that is made to it, the coastal State may require the
warship to leave the territorial sea immediately. Due to the sovereign immunity of warships
(discussed further in Chapter Six: Sovereign Immunity) the degree to which a coastal State can
force a warship to exit its territorial waters in this situation is not clear. Additionally, coastal
States may not prohibit transit or otherwise impair the rights of innocent passage of nuclear-
powered sovereign vessels.

2.10.4 DIFFERING INTERPRETATIONS REGARDING INNOCENT PASSAGE

Several articles of the LOSC addressing innocent passage have led to differing interpretations
by States. For example, some coastal States interpret Article 19(1), which allows for innocent
passage, to prohibit several activities not explicitly listed under Article 19(2). Another issue of
interpretation is whether the coastal State may require foreign ships conducting innocent
passage to carry equipment that enables the coastal State to monitor the ship’s movement.
Some commentators have argued that no LOSC provision prevents the coastal State from
imposing such a measure. However, the LOSC does not expressly characterize a foreign ship’s
passage in the territorial sea as non-innocent if it fails to enable monitoring by the coastal State.
These disputed issues originate from the negotiations that preceded the adoption of the LOSC,
which placed the interests of maritime powers in conflict with those of coastal States. Maritime
powers pushed for more freedom of navigation, but coastal States argued for the ability to
constrain mobility in certain circumstances to protect coastal State interests.

2.10.5 UNLAWFUL RESTRICTIONS CLAIMED BY OUTLIER STATES

A number of States unlawfully require prior notification before a foreign warship may conduct
innocent passage through their territorial waters, but most of these States do not specify when
the foreign warship must provide the notification. A larger number of States, notably including

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 China, not only unlawfully require notification, but also require that prior permission be
granted.

Saudi Arabia unlawfully asserts that innocent passage does not apply to its territorial sea where
there is an alternate route through the high seas or an exclusive economic zone (EEZ) which is
equally suitable.

Romania and Lithuani prohibit the passage of ships carrying nuclear and other weapons of
mass destruction through their territorial seas.
A complete list of the unlawful restrictions imposed by coastal States upon the right of innocent
passage can be found in the Maritime Claims Reference Manual (MCRM) issued by the
Department of Defense (DoD) Representative for Ocean Policy Affairs (REPOPA)

2.11 RIGHT OF TRANSIT PASSAGE

The right of transit passage is defined as the exercise of the freedoms of navigation and
overflight, solely for the purpose of continuous and expeditious transit through an international
strait between one part of the high seas or an EEZ and another part of the high seas or an EEZ,
in the normal modes of operation utilized by ships and aircraft for such passage. An exception
to the right of transit passage declares that the right “shall not apply if the strait is formed by an
island of a State bordering the strait and its mainland” and “there exists seaward of the island a
route through the high seas or through an exclusive economic zone of similar convenience with
respect to navigational and hydrographical characteristics.” Transit passage cannot be
hampered or suspended by the coastal State for any purpose during peacetime. This also applies
to transiting ships, including warships, of States at peace with the bordering coastal State but
involved in armed conflict with another State. The right of transit passage applicable in
peacetime, along with the laws and regulations of States bordering straits adopted in
accordance with international law, continue to apply during armed conflict. However, during
transit belligerents must not conduct offensive operations against enemy forces, nor use such
neutral waters as a place of sanctuary or as a base of operations.
It is important to note a few key differences between innocent passage and transit passage that
are particularly relevant to military operations and to highlight the fact that fewer restrictions
may be imposed on transit passage when compared to innocent passage. While there is no right
to innocent passage for aircraft, and coastal States may deny entry to aircraft attempting to

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 traverse airspace over their territorial waters, they may not deny transit passage to aircraft over
an international strait.

In addition, while coastal States may require submarines to conduct innocent passage on the
surface and showing their flag, they may not prohibit submarines from conducting transit
passage submerged. Another difference is that transit passage may not be suspended by the
coastal State, whereas innocent passage may be temporarily suspended.

2.12 DUTIES OF SHIPS AND AIRCRAFT DURING TRANSIT PASSAGE

Ships and aircraft exercising the right of transit passage shall (a) proceed without delay through
or over the strait; (b) refrain from any threat or use of force against the sovereignty, territorial
integrity, or political independence of States bordering the strait; and (c) refrain from any
activities other than those incident to their normal modes of continuous and expeditious transit
unless rendered necessary by force majeure or by distress. Surface warships may transit in a
manner consistent with sound navigational practices and the security of the force, including the
use of their electronic detection and navigational devices such as radar, sonar, and depth
sounding devices, formation steaming, and the launching and recovery of aircraft.

2.13 LAWS, REGULATIONS, & DUTIES OF STATES BORDERING STRAITS

RELATING TO TRANSIT PASSAGE
Foreign ships are required to obtain the authorization of the coastal States that border straits
prior to carrying out any research or survey activities while exercising the right of transit
passage. States bordering straits have the authority to establish sea lanes and traffic separation
schemes where necessary to promote the safe passage of ships in straits used for international
navigation. Warships, auxiliaries, and government ships operated on exclusive government
service, i.e., sovereign-immune vessels, are not legally required to comply with such sea lanes
and traffic separation schemes while in transit passage, but they must exercise due regard for
the safety of navigation. Coastal States may not prohibit transit or otherwise impair the right of
transit passage of nuclear-powered sovereign vessels.

Coastal States have the authority to adopt laws and regulations relating to transit passage
through straits, with respect to all or any of the following:

(a) The safety of navigation and the regulation of maritime traffic, as provided in Article 41;

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 (b) The prevention, reduction and control of pollution, by giving effect to applicable
international regulations regarding the discharge of oil, oily wastes and other noxious
substances in the strait;
(c) With respect to fishing vessels, the prevention of fishing, including the stowage of fishing
gear;
(d) The loading or unloading of any commodity, currency or person in contravention of the
customs, fiscal, immigration or sanitary laws and regulations of States bordering straits.
States bordering straits have the duty not to hamper transit passage and to give appropriate
publicity to any danger to navigation or overflight within or over the strait of which they have
knowledge.

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3.0 MARITIME BOUNDARY
A maritime boundary is a conceptual division of the Earth's water surface areas
using physiographic or geopolitical criteria as such; it usually bounds areas of
exclusive national rights over mineral and biological resources, encompassing maritime
features, limits and zones. Generally, a maritime boundary is delineated at a particular distance
from a jurisdiction's coastline. Although in some countries the term maritime
boundary represents borders of a maritime nation that are recognized by the United Nations
Convention on the Law of the Sea, maritime borders usually serve to identify the edge
of international waters.

Maritime boundaries exist in the context of territorial waters, contiguous zones, and exclusive
economic zones; however, the terminology does not encompass lake or river boundaries, which
are considered within the context of land boundaries. Some maritime boundaries have remained
indeterminate despite efforts to clarify them. This is explained by an array of factors, some of
which involve regional problems.

The delineation of maritime boundaries has strategic, economic and environmental

implications.

Fig 3.1 Maritime Boundaries

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A FEATURES
Features that affect maritime boundaries include islands and the submerged seabed of
the continental shelf. The process of boundary delimitation in the ocean encompasses
the natural prolongation of geological features and outlying territory. The process of
establishing "positional" borders encompasses the distinction between previously resolved and
never-resolved controversies.

B LIMITS
The limits of maritime boundaries are expressed in polylines and in polygon layers of
sovereignty and control, calculated from the declaration of a baseline. The conditions under
which a state may establish such baseline are described in the United Nations Convention on
the Law of the Sea (UNCLOS). A baseline of a country can be the low water line, a straight
baseline (a line that encloses bays, estuaries, inland waters) or a combination of the two.

C Classification
Maritime spaces can be divided into the following groups based on their legal status:
a. Maritime spaces under the sovereignty and authority (exercising power) of a coastal
State: internal waters, territorial sea, and archipelagic waters,
b. Maritime spaces with mixed legal regime, which fall under both the jurisdiction of the
coastal State and under the international law: contiguous zone, the continental shelf and
the exclusive economic zone, and
c. Maritime spaces that can be used by all States (including land-locked ones) on an equal
basis: high seas.
While many maritime spaces can be classified as belonging to the same group, this does not
imply that they all have the same legal regime. International straits and canals have their own
legal status as well.

D Zones
The zones of maritime boundaries are expressed in concentric limits surrounding coastal and
feature baselines.
1. Inland waters—the zone inside the baseline.
2. Territorial sea—the zone extending 12 nm from the baseline.
3. Contiguous zone—the area extending 24 nm from the baseline.
4. Exclusive Economic Zone—the area extending 200 nm from the baseline except when
the space between two countries is less than 400 nm.

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 In the case of overlapping zones, the boundary is presumed to conform to the equidistance
principle or it is explicitly described in a multilateral treaty.

Contemporary negotiations have produced tri-point and quadri-point determinations. For

example, in the 1982 Australia–France Marine Delimitation Agreement, for the purposes of
drawing the treaty's equidistant lines it was assumed that France has sovereignty over Matthew
and Hunter Islands, a territory that is also claimed by Vanuatu. The northernmost point in the
boundary is a tri-point with the Solomon Islands. The boundary runs in a roughly north–south
direction and then turns and runs west–east until it almost reaches the 170th meridian east.

3.1 HISTORY

The concept of maritime boundaries is a relatively new concept. The historical record is a
backdrop for evaluating border issues. The evaluation of historic rights are governed by distinct
legal regimes in customary international law, including research and analysis based on
1. acquisition and occupation
2. the existence of rights ipso facto and ab initio.

The study of treaties on maritime boundaries is important as

a. as a source of general or particular international law;

b. as evidence of existing customary law; and

c. as evidence of the emerging development of custom. The development of "customary

law" affects all nations.

The attention accorded this subject has evolved beyond formerly-conventional norms like
the three-mile limit.

3.2 TREATIES

Multilateral treaties and documents describing the baselines of countries can be found on the
website of the United Nations.

For example, the Australia–France Marine Delimitation Agreement establishes ocean

boundaries between Australia and New Caledonia in the Coral Sea (including the boundary
between Australia's Norfolk Island and New Caledonia). It consists of 21 straight-line maritime
segments defined by 22 individual coordinate points forming a modified equidistant line
between the two territories.

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3.3 DISPUTES

Controversies about territorial waters tend to encompass two dimensions: (a) territorial
sovereignty, which are a legacy of history; and (b) relevant jurisdictional rights and interests in
maritime boundaries, which are mainly due to differing interpretations of the law of the sea. An
example of this may be reviewed in the context of the ongoing Kuwait-Iraq maritime dispute
over the Khawr Abd Allah waterway.

Many disputes have been resolved through negotiations, but not all of them

3.3.1 UNRESOLVED MARITIME BOUNDARIES

Among the array of unsettled disputes, the maritime borders of the two Koreas in the Yellow
Sea represent a visually stark contrast.

A western line of military control between the two Koreas was unilaterally established by
the United Nations Command in 1953. Although the North asserts a differently configured
boundary line, there is no dispute that a few small islands close to the North Korean coastline
have remained jurisdiction of the United Nations since 1953.

The map at the right shows the differing maritime boundary lines of the two Koreas. The
ambits of these boundaries encompass overlapping jurisdictional claims. The explicit
differences in the way the boundary lines are configured is shown in the map at the right. In a
very small area, this represents a unique illustration of differences in mapping and delineation
strategies.
a. On one hand, the boundary line created by the United Nations ("A") reflects the geographic
features of the coastal baseline.
b. On the other hand, while the boundary line declared by North Korea does acknowledge
specific non-DPRK island enclaves, its "Military Demarcation Line" in the ocean ("B") is
essentially a straight line.
Violent clashes in these disputed waters include what are known as the first Yeonpyeong
incident, the second Yeonpyeong incident, and the Bombardment of Yeonpyeong.

3.4 DELIMITATION OF MARITIME ZONES

The delimitation of maritime zones and boundaries foreseen by the United Nations Convention
on the Law of the Sea (UNCLOS) is a factor of economic growth, effective management of the
coastal and ocean environment and the cornerstone for maritime spatial planning. Maritime
zones and boundaries form the outermost limits of coastal states and their accurate delineation

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and cartographic portrayal is a matter of national priority. Although UNCLOS is a legal
document, its implementation -at first place- is purely technical and requires -amongst others-
theoretical and applied background on Geodesy, Cartography and Geographic Information
Systems (GIS) for those involved.

Therefore, delimitation of maritime boundary is a process involving the division of

maritime areas in a situation where two (or more) States have competing claims. For both
States, this act may imply restriction of their perceived sovereign rights. The maritime
delimitation process is a complicated subject, because of both the number of real and potential
situations throughout the world, and the complexities of the delimitation process. The
delimitation process itself involves several types of issues. One concern is the source of
authority. A second issue involves the principal methods by which delimitation is carried out,
and finally there are technical questions regarding the determination of the actual lines in
space.6 Maritime boundary delimitation can arguably be viewed as an essential precursor to the
full realisation of the resource potential of national maritime zones and the peaceful
management of the oceans and seas. With regard to the seabed resources, which could prove
crucial to the well-being and political stability of coastal States, extensive overlapping claims
forestall development while maritime boundaries remain unsettled.7 It is obvious that
delimitation by agreement remains the primary rule of international law. The negotiating
process is very important for achieving agreement. The delimitation process must be effected
by agreement between parties on the basis of international law, as it is recognised by 1982 LOS
Convention. The delimitation of the exclusive economic zone/continental shelf with the
opposite or adjacent coasts shell be effected by agreement on the basis of international law, as
referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve
an equitable solution.

The Court found the use of the equidistance line inapplicable, because the particular coastal
configuration of States was taken into account. The coasts of Denmark and the Netherlands
were convex, while that of the Federal Republic of Germany was concave. In such a case, the
use of equidistance left Germany an exceptionally small part of the North Sea CS and the
delimitation process would not achieve an equitable result.

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3.5 DELIMITATION OF MARITIME BOUNDARY IN AFRICA

Africa’s maritime boundaries, in accordance with the relevant international regimes, encompass
territorial waters, contiguous zones, continental shelf and exclusive economic zones. The
appropriate delineation of maritime boundaries has a lot of strategic, economic and
environmental implications.

The practice of delimitation and delineation of maritime boundaries could be categorized into
four: under the provisions of international laws; delimitation by agreement; national legislation
and judicial decisions. UNCLOS provides freedom to the state parties concerned to settle their
dispute through negotiation or other diplomatic measures between them at any time, but should
the parties fail to agree on settlement then a request should be made to the court or tribunal
having jurisdiction over their issues.

African countries must treat and make a priority of boundary dispute resolution if imperative
and integral maritime economic development must take place. Consequent upon this
understanding, African Heads of State and Government have adopted and signed the African

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 Charter on Maritime Security, Safety and Development, on Saturday, 15, 2016 at the
Extraordinary Summit of Heads of State and Government, Lome, Togo. The African Charter
on Maritime Security, Safety and Development aims to solidify Africa’s commitment to an
efficient and effective management of its oceans, seas and waterways so as to ensure
sustainable, equitable and beneficial exploration of these critical resources

3.5.1 CAUSES OF MARITIME BOUNDARY DISPUTES IN AFRICA

Maritime boundary dispute is a dispute relating to demarcation of the different maritime zones
between or among states. It is a common scenario all over the world. Natural resources are at
the heart of maritime boarder disputes in Africa Coastal region. The importance of maritime
boundaries in Africa has become attractive with the enlargement of natural limits of maritime
jurisdiction over the past six decades or so. A unit of sea may be worth more than a unit of
unproductive land, particularly when it contains oil and gas on the subsoil or seabed. The
existence of overlapping claims may consequently lead to disputes, e.g. if a fisherman from one
side is arrested by the coastal guard of the other side or if traces of oil are discovered in an area
of overlapping claims.

According to studies, 180 boundaries worldwide are agreed upon out of over 400 boundaries
currently identified. For Africa, only about 30 per cent of its boarders are demarcated and this
naturally is raising tension between countries who seek to lay control of continents natural
resources. The reasons for Africa's poor response to maritime boundary delimitation rest on the
fact that to them it is not a priority, particularly in the absence of incursions by adjacent
neighbours or natural resources.

The sea is an entity that is governed by international law with rights and obligation of states
through different maritime jurisdictions. The oceans cannot be occupied as a parcel of land
would be occupied and no state has the capacity to exercise full sovereignty over them outside
the extant international treaties and conventions.

Some observers believe that the increasing urge of Africa states to achieve a greater degree of
control over its near-seas, which generally heightens the potential for conflicts, relate to the
following reasons;
a. To create buffer zones in time of conflicts
b. major commercial trading routes pass through these waters, therefor control of these
maritime zones is an economic boost
c. Maritime territorial claims have recently become matter of "intense nationalistic pride".
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3.6 DELIMITATION OF NIGERIA MARITIME BOUNDARIES
Nigeria is a coastal state. It has maritime boundaries with Cameroon, Benin, Equatorial Guinea,
Sao Tome and Principe and Ghana within the larger Gulf of Guinea.

3.6.1 NIGERIAN AND EQUATORIAL GUINEA

Treaty between the Federal Republic of Nigeria and the Republic of Equatorial Guinea
concerning their maritime boundary was signed on September 23, 2000, while the International
Court of Justice (ICJ) case was on-going. In 1999, Equatorial Guinea was allowed to intervene
had been allowed to intervene on the basis of Article 62 of the ICJ Statute, which recognized
that Equatorial Guinea had a legal interest which could be affected by the decision. In
recognition of potential cooperation and the existing cross-border,

Ekanga/ Zafiro oil fields, Article 6 of the Treaty states: “Should the maritime boundary
established by this Treaty run through any field of hydrocarbon deposits so that part of the field
lies on the Nigerian side of the boundary and part lies on the Equatorial Guinea side, the
Contracting Parties shall seek to reach appropriate unitisation arrangements for each such
field.”. The boundary defined in the treaty runs through the Bight of Bonny and separates the
Nigerian mainland from Equatorial Guinea's Bioko Island. The boundary consists of nine
straight-line maritime segments defined by ten individual coordinate points. Rather than
adopting an equidistant line between the two countries, the treaty takes into account both
countries' establishes economic interests in the Gulf of Guinea, including existing oil wells, oil
drilling installations, and existing resource consent licences.

The full name of the treaty is Treaty between the Federal Republic of Nigeria and the Republic
of Equatorial Guinea concerning their maritime boundary.

3.6.2 NIGERIA AND SAO TOME AND PRINCIPE (STP)

The treaty between the Federal Republic of Nigeria and the Democratic Republic of Sao Tome
and Principe on the Joint Development of Petroleum and other Resources, in respect of Areas
of the Exclusive Economic Zone of the two States was signed on February 21, 2001. It remains
one of the best examples of cooperation between states in the Gulf of Guinea, despite the lack
of discoveries of potential fields, allegations of corruption and inactivity. It covers living and
non-living resources with the potential for fisheries. It utilizes the joint development authority
model which the states’ share based on a ratio of 60% Nigeria and 40% STP. The example of
joint development could be followed by STP and Equatorial Guinea as collaborative
development efforts could yield better results despite limitations.
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3.6.3 NIGERIA AND CAMEROON
Nigeria has a judicially enforced demarcation line with Cameroon. The decision over the
boundary delimitation effectively handed over the Bakassi peninsula to Cameroon, with
significant implications for the Nigerian populations’ resident in that area.

The Cameroon – Nigeria Mixed Commission set up in 2002 at the request of the two states,
facilitated the implementation of the demarcation decision but also has a mandate that could
promote future cross – border cooperation.

3.6.4 NIGERIA AND BENIN

Treaty on the Maritime Boundary Delimitation between The Federal Republic of Nigeria and
The Republic of Benin was signed on the 4 August 2006 (see Annex 135 Benin- Nigeria).
Although full treaty document is unpublished some indications of content and demarcation line
can be gleaned from this document. Isyaku demonstrates a history of peaceful co-existence
between Nigeria and Benin despite colonial histories. Benin’s Seme oil field is located near the
border line with Nigeria. There is currently a 1950 km pipeline planned by the China National
Petroleum Corporation to run from Agadem, Niger to Port Seme, traversing Nigeria.

3.6.5 NIGERIA AND GHANA

The Nigeria- Benin delimitation is viewed as a partial delimitation, because it becomes a
‘Nigeria/ Benin/Ghana repoint’ (Annex135- Benin-Nigeria)

3.7 NATIONAL INLAND WATERWAYS AUTHORITY (NIWA)

National Inland Waterways Authority is backed by the NIWA Act 2004 has the responsibility,
among others, to improve and develop inland waterways (internal waters) for Navigation.
Sections 8 and 9 of the act stipulate the functions of the act. The Act provides for the
administration and management of inland waterways of Nigeria, establishes the National Inland
Waterways Authority, defines the Authority's functions, powers and internal organization,
provides for the use of land adjacent to waterways, prescribes offences relating to obstruction
and pollution of waterways and prescribes penalties for such offences.

The objective of the Authority is to improve and develop inland waterways for navigation.
Section 10 of the act specified that The Rivers and their tributaries, distributaries, creeks, lakes,
lagoons and intra-coastal waterways specified in the Second Schedule to this Act are hereby
declared Federal navigable waterways. The Federal navigable waterways as stated in the
Second Schedule of the act are as follows

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 1. The River Niger from the Nigerian Niger/Benin border, through the Nun and Forcados
distributaries to the Atlantic Ocean.
2. The River Benue from the Nigerian/Cameroun border to its confluence with River Niger
at Lokoja.
3. The Cross River from the Nigerian/Cameroun border to the Atlantic Ocean, and all its
distributaries.
4. Rivers Sokoto, Kaduna, Geriny, Gongola, Taraba, Donga, Katsina-Ala, Anambra, Ogun,
Oluwa, Osse, Benin, Imo, Kwa Tho.
5. The Intra-coastal route from Badagry, along the Badagry Creek to Lagos, through Lagos
Lagoon to Epe, Lekki Lagoon to Iwopin, along Omu Creek, Talifa River to Atijere,
Akata, Aboto, Oluwa River to Okitipupa and onto Gbekebo, Arogbo, Of un am a, Benin
Creek to Warri. Also the canal running from Araromi through Aiyetoro, Imelumo to
Benin River and from Aiyetoro through Mahin Lagoon to Igbokoda.
6. The waterway from Warri along the Forcados River, through Frukana, Siama, Bomadi,
Angalabiri, Patani, Torofani, down River Nun to Agberi, Kiama, Sabagreia, Gbaran
Creek, Agudama, Ekpetional into Ekole Creek to Yanaka, Yenegoa, Sangata to
Mbiakpaba, onto Okokokiri, Ofokpota, Olagaga, Nembe, Adema, Agoribiri Creek to
Egbema, Degema, Sombreiro River to Hanya Town, Ogbakiri to Port Harcourt.
7. The waterway from Port Harcourt, through Amadi Creek down Bonny River, into Opobo
Channel Adoni River, through Andoni Flats. Tellifer Creek, Imo River, Shooter Creek,
Kwa Tho Creek, Kwa Ibo River, Stubbs Creeks, Widenham Creek, Effiat-Mbo Creek,
Cross River estuary to Oron and Calabar.
8. Rivers Benin, Ethiope, Ossiomo, Onne, Aba, Azumini, Olomum, Siluko, Talifa,
Forcados, Penington, Escravos, Warri, Ramos, Dodo, Bonny, Middleton, Fishtown,
Sengana, Brass of Nicholas, Santa Barbara, San Batholomew, Sambriero, New Calabar,
Mbo, Rio del Rey, Uruan, Akwayafe.
9. Creeks Odiama, Agamama Tora, Nembe, Krakama, Buguma, Bille, Finima, New
Calabar, Ekole, Cawthpme Channel, Ikane-Bakassi, Omu, Kwato (Gwato], Adagbrassa,
Chananomi, Okpoko, Jones Kulama, Ikebiri, Nikorogba, Sagbama, Egbedi, Kolo, Laylor,
Hughes Channel.
10. Lakes Mahin, Oguta, Osiam Ehoma.
11. The Orashi River from Oguta Lake to Ebocha, Omoku, Kreigani, Moiama, Okariki,
Egberna, Sombreiro River.
12. Lake Chad, that part within Nigeria.
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Subject to the provisions of the Lands (Title Vesting, etc.) Act, the right of land usage for
improvement of navigability and provision of infrastructure shall cover areas on both banks
submerged in a flood. The Authority shall also have right to all land within the right-of-way of
declared waterways and shall use such land in the interest of navigation. No person including a
State shall obstruct a declared waterway, take sand, gravel or stone from any declared
waterway, erect structures within the right-of-way, divert water from a declared waterway, or
use, without approval from the Authority, the area of land along the waterfront within 100
metres from the edge of both banks of waterways.

Section 11 specifies the area under control of the Authority. It states that
All navigable waterways, inland waterways, river-ports and internal waters of Nigeria,
excluding all direct approaches to the ports listed in the Third Schedule to this Act and all
other waters declared to be approaches to ports under or pursuant to the Nigerian Ports
Authority Act, up to 250 metres beyond the upstream edge of the quay of such ports, shall
be under the exclusive management, direction and control of the Authority.

Section 12 specifies the Right to land use for navigable purposes including right of way,
(1) Subject to the provisions of the Lands (Title Vesting, etc.) Act, the right of land usage
for improvement of navigability and provision of infrastructure shall cover areas on both
banks of the waterways which would be submerged in a flood of 100 years return period.
(2) In case of waterways with steep banks where such flood have no overbank flow, the
right of way shall include the areas of land along the waterway measured 100 metres
perpendicular from the edge of the channel.

Section 13 - Right to land within right of way

(1) Notwithstanding the provisions of the Land Use Act or any other enactment, but subject
to the provisions of the Lands (Title Vesting, etc.) Act, the Authority shall have right to all
land within the right-of-way of declared waterways and shall use such land in the interest of
navigation.
(2) No person including a State shall-
(a) obstruct a declared waterway, take sand, gravel or stone from any declared
waterway; or
(b) erect permanent structures within the right-of-way or divert water from a declared
waterway;
(c) carry out any of the activities as specified in section 9 of this Act, without the written
consent, approval or permission of the Authority

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4.0 ORGANISATION AND PROCEDURES FOR CADASTRAL SURVEYING
Cadastral surveying is the branch of surveying that relates with the survey and demarcation of
land for the purpose of defining parcels of land for registration in a land registry. They are the
surveys that create, mark, define, retrace, or re-establish boundaries of previously surveyed
properties to determine the physical extent of ownership or to facilitate the transfer of the
property title. It involves the physical delineation of property boundary and determination of
dimensions, area and certain right associated with properties, whether they are land, water or
defined by natural or artificial features.

Perimeter Survey as an aspect of cadastral survey is carried out to ascertain the extent of land
that is been acquired and for proper demarcation showing the linear distances of change or
corner points and their respective directions. It is used to determine the exact location of
property lines against encroachment. It involves boundary traversing as well as detailing to
determine the location, shape, and area of a given parcel of land for purposes of ownership and
conveyance. A sample methodology flowchart for perimeter survey is presented in fig 4.1
below.

The Scope of work for cadastral Survey include

a. Demarcate the boundary of Landed Property
b. Determine the area and shape of the land
c. Produce a survey plan of the area.
d. Submission of all field records, and a written technical report (including safety)

4.1 PROJECT PLANNING

For any project to be successfully executed, planning must be of paramount importance.

Therefore, office planning was carried out in order to ascertain the availability of materials,
finance, equipment, and personnel etc. to be used for the project.

Reconnaissance is the first operation in any project however nowadays clients require cost of
survey by a surveyor before in order to make decision on the surveyor to engage or the level of
accuracy (order of work; First, second or 3rd Order) for the project hence Planning, desktop
studies and pre-analysis is the first operation that a surveyor does before proceeding to the site.
After reconnaissance the surveyor may have to re-plan the work based on the conditions
observed on the field.

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 Planning, Desktop Studies and Pre-Analysis
 Analysis of data, hardware and software, personnel and equipment requirement to
suit the required accuracy/purpose,
 Data search, instrument test, Project costing and scheduling

Reconnaissance
 Get to know the study area and overall site situation etc.
 pegging of Boundary points

Final planning (adjustment to Data

Based on the conditions search, materials, instrument,
NO
of the Site is the initial equipment, Project costing and
plan sufficient scheduling

YES

Field Data Acquisition

 Monumentation and Line cutting
 In-situ checks, Traverse and detailing / positioning / image capturing
 Data recording (manual and automatic), data checks

Data Processing/Analysis
 Data reduction, corrections, georeferencing and computation
 Error Analysis (Misclosure and accuracy)
 Result Analysis (area)

Data presentation
 Computer Aided drafting
 Presentation of Final Results: Survey Plan and reports

Fig 4.1 Methodology Flowchart of a perimeter survey

4.1.1 DATA SEARCH

Coordinates of the identified control are usually collected from the Ministry of Lands, Survey
and Town Planning, Anambra State. The coordinates are usually referenced the Nigerian
Traverse Mercator (NTM) or the Universal Traverse Mercator (UTM).

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4.1.2 PROJECT SCHEDULING
A project schedule is a timetable that organizes tasks, resources and due dates in an ideal
sequence so that a project can be completed on time. A project schedule is created during the
planning phase and includes the following: A project timeline with start dates, end dates
deliverables and milestones of a project on a timeline. It is important to create the project
schedule with some buffers so as to accommodate contingencies
Steps to Developing a Project Schedule include
1. Step 1: Create a work breakdown structure
2. Step 2: Estimate durations
3. Step 3: Determine resources
4. Step 4: Identify predecessors
5. Step 5: Determine milestones
6. Step 6: Identify dependencies
A sample project execution schedule for a perimeter survey is presented in table 4.1; This
operation can be done using a project management software, excel or manually depending on
the size and complexities of the project

Table 4.1 Sample Project Schedule

S/N TASK DURATION

1 Office Planning 1 day
2 Field reconnaissance 1 day
3 Monumentation and Line Cutting 2 days
5 Data Collection 1 day
7 Data Processing/Plan production 2 days
9 Report writing submission 1 day
Total 8days

4.1.3 PRE-ANALYSIS
The Pre-analysis, an operation carried out to assess the accuracy level demanded by any
project as a guide for the choice of method and instrumentation. In Nigeria, this should be done
by referring to the SURCON Specifications for Large Scale Cadastral and Topographic
Surveys.

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4.1.4 INSTRUMENT CHOICE
The instrument needed for the survey operation should therefore be able to achieve accuracies
better than or equal to that obtained from the pre-analysis. The Instrument Manual would be
consulted to obtain its rated accuracy which will be related to the result of the pre analysis.

If the result shows that the accuracy of the instrument is greater than or equal to the required
accuracy then the instrument will be chosen for the project if not a higher rated instrument will
be consulted.

4.1.5 PROJECT COSTING

Project cost estimating is the process of predicting the total cost of the tasks, time, and

resources required to deliver a project's scope of work. It requires looking at the tasks, duration,

and resources required to forecast a project's total cost to deliver. As project costing relies on

tying costs to a scope of work, the process must outline how long tasks will take and who will

get them done, in addition to vigilantly tracking the project. Project costing doesn't simply stop

when a project starts—it must be monitored and adjusted as it progresses

Project cost estimating is a process that can be broken down into five steps:

1. Understand the scope of the project and Compile a list of tasks and the resources

required to complete them

2. Estimate the work. Take each item on the project scope list you put together in Step 1

work out the resources needed for it and then get the financial cost of the items. The

following items should be estimated for Personnel, Equipment and materials, Software,

Hardware etc

3. Using the project schedule (Estimate the task length), Calculate the project cost based

4. Include all other costs like tax, miscellaneous/contingency (usually 10% of total cost),

logistics (transport, accommodation, feeding), mob and demob etc.

5. Review your project costing and Use project cost estimating tools to track budgets in

real time

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All costing should be done with regards to with NIS scale of fees as a guideline (should not be

below the SSCE or NIS scale of fees). A sample breakdown of the project components for the

direct costing for the execution of a perimeter survey is detailed in table 4.2.

Table 3.2.3 Sample Costing of a Project

S/ Project Direct Cost Parameters Rate Cost
N Component Uni Estimates
(N) t (N)
Desktop Studies 1 Pupil Surveyor 9,814.20 1 9,814.20
and Pre-analysis 1 Assistant Surveyor 6,540.80 1 6,540.80
1
Basic Equipment
1
(Computer + Accessories) 12,000.00 12,000.00
Sub-Total (A) 28,355.00
Reconnaissance/ 1 Pupil Surveyor 9,814.20 1 9,814.20
In-situ Check (1 1 Assistant Surveyor 6,540.80 1 6,540.80
2
day) Basic Equipment (Total
28,323.80 1 28,323.80
Station)
Sub-Total (B) 44,678.80
Monumentation, 1 Pupil Surveyor 9,814.20 2 19,628.40
Line Clearing and 1 Assistant Surveyor 6,540.80 2 13,081.60
3 staking out (2 1 Survey assistant 2,039.33 2 4,078.66
days) 3 Labour crew 6,117.99 2 12,235.98
Basic Equipment 28,323.80 2 56,647.60
Sub-Total (C) 105,672.24
Perimeter Survey 1 Pupil Surveyor 9,814.20 1 9,814.20
1 Assistant Surveyor 6,540.80 1 6,540.80
4
4 Survey assistant 8,157.32 1 8,157.32
Basic Equipment 28,323.80 1 28,323.80
Sub-Total (D) 52,836.12
Data processing 1 Pupil Surveyor 9,814.20 2 19,628.40
5 and plan Basic Equipment 12,000.00 2 24,000.00
preparation (Computer + Accessories)
Sub-Total (E) 43,628.40
6 Project Report 1 Pupil Surveyor 9,814.20 1 9,814.20
Basic Equipment
(Computer + Accessories + 1
Printer) 15,000.00 15,000.00
Consumables 10,000.00 1 10,000.00
Sub-Total (F) 34,814.20
7 Accommodation/ Not applicable
Feeding/

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 S/ Project Direct Cost Parameters Rate Cost
N Component Uni Estimates
(N) t (N)
Transportation

8 Supervisor 20,000.00 8 160,000.00

G = Total (A+B+C+D+E+F+8) 469,984.76
9 Mob/Demob. 20% of Total Cost of 20%
Project 93,996.95
10 Contingencies 10% of Total Cost of 10%
Project 46,998.48
H = TOTAL (G+9+10) 610,980.19
11 Service Cost 10% of Total Cost of 10% 61,098.02
Project
I = TOTAL (H + 11) 672,078.21
12 VAT 5% of total cost 5% 33,603.91
GRAND TOTAL = (I + 12) 705,682.12

4.1.6 INSTRUMENT TEST

The instrument to be used should be tested for requiring any adjustments. In the case of total
station, the following tests should be performed
1. Permanent Adjustment
a. Collimation and Index Test
b. Tubular (Plate) Vial
c. Telescope Test
2. Temporary Adjustment – The temporary adjustment, which is the first operation carried
out at every instrument station should be tested, to make sure that the instrument can be
properly levelled over a station. This is done by
a. Centring the instrument (over a station) and confirming that it is properly centred
using the Optical Plummet method,
b. Levelling the instrument (the horizontal axis of the instrument to be perpendicular
to the direction of gravity or plumb line) and confirming that it is still level after
rotating through 180o and the bubble confirmed to be at the centre.
c. Focusing (the telescope to bisect). the crosshairs were then watched to confirm that
there was no parallax after clamping the vertical and horizontal screws

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4.1.7 PERSONNEL
Select the personnel required for the job. This may include the Supervisor, surveyor, Field
Assistant(s), Typist, CAD operator etc.

4.1.8 EQUIPMENT AND SOFTWARE

Select the equipment and materials required for the project. This may be Total station and its
accessories, GNSS and its accessories etc. Materials needed include Machetes, Shovels, Survey
Umbrella, calculator, PPE Personal Protective Equipment (Helmets and Safety Boots), Field
Sheets etc

4.2 FIELD RECONNAISSANCE

The field reconnaissance (RECCE) are carried out in order to locate the control beacons,
determine appropriate method and instrumentation that is best fit for the survey and familiarise
the key Survey team with the area to be surveyed

4.3 DATA ACQUISITION

IN-SITU CHECK: - The principle of “workin]g from whole to part” demands that every
survey be connected to already existing control that is part of an existing network. Also, the
principle of “Error Propagation” indicates that it is inevitable for the derived values or
computed values to be accurate if the field observation is in error. In order to avoid that, it is
very important that the controls to be tested to confirm their condition in order to avoid
connecting a survey to a set of controls that are displaced or not in position.

MONUMENTATION: - Beacon of size 18cm X 18cm X 75cm moulded to SURCON

standard should emplaced at every change in direction. The beacons should be firmly planted
with about 10cm appearing above the earth surface with the rest buried on the earth and
labelled (capped - numbers written on them).. The numbering of the beacons should also be in a
clockwise pattern with the lettering of each beacon facing (aligned in the direction) of the next
beacon. Fig 4.2a and b shows a schematic diagram of the monumentation and sample labelling
of the boundary beacons respectively.

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 18cm
18cm Centre Rod

7.5cm above
ground surface 75cm Height

65cm below ground

surface

Earth

Fig 4.2a – Diagram showing Monumentation of boundary pillar

6 inches nail
Beacon SC/ANZ
hammered into the
Identification 18 cm beacon
Engraved in
cement 4810 DN

Fig 4.2b – sample labelling of the boundary beacons

BOUNDARY CLEARING: - Boundary lines of 1m width should be cut open to ensure

intervisibility between pillar points. Damages and disruption should be kept to a minimum,
especially where the boundary line passes through farms. There is no need for boundary
clearing using GNSS (not handheld GPS) except for instances where the bushes forms a canopy
that interferes with the GNSS satellite signals

PERIMETER TRAVERSING: - Perimeter traversing should be tied to existing control beacons

using one or more closed loop traverse. All angular (horizontal and vertical angles) and linear
observations to the forward and back stations should be done on (at least one set of
observations) Face left and Face right positions out using the Total Station. The reduction of
the horizontal angles should be made while at the station so as to ensure acceptable set of
observation. The horizontal distances were measured directly with the instrument. The Total
Station instrument will be mounted on the tripod, set up over a station and all temporary
adjustments should be carried out; the Instrument height and the height of reflector should be
observed all the parameters for the traverse inputted in the total station. The observations

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 should be recorded electronically and manually on the field sheet. This procedure will be
repeated for every pillar position in a clockwise direction.

DETAIL SURVEY: - The offset method of detailing was adopted for coordinating the road.

FIELD BOOKING: - All measured field observations were carefully and neatly recorded
manually on the traverse field sheet, in ink. Also copies of the field book were made and kept
in a different location to serve as a backup

COMPLIANCE WITH SPECIFICATION: - The survey team should ensure that they complied
with the SURCON specification for Large Scale Cadastral and Engineering Surveys by:
1. Ensuring that the instrument used has accuracy (3”) that is higher than the stipulated
minimum instrument accuracy (10”).
2. Observing the perimeter points on both face left and face right to control directional
errors.
3. Connecting the traverse to existing controls in order not to leave the survey hanging.

OBSERVATIONAL CHECKS: - Observational checks are provisions established to minimize

the occurrence of errors in survey measurements. The observational checks for cadastral survey
operation include the observation of the perimeter and peg points on both face left and face
right, to provide the observer the opportunity to control angular errors. Also the reduction of
the horizontal angles while at the station so as to ensure acceptable set of observation.

4.4 DATA PROCESSING, RESULT, ANALYSIS AND DATA PRESENTATION

4.4.1 ANGLE REDUCTION

The horizontal angles at the instrument station between 2 adjacent survey stations (Back sight
BS and Fore sight (FS) are obtained using formula of equation 4.1
Horizontal angle = FSFL – BSFL = FSFR – BSFR … (4.1)
Where FS = Fore Sight and BS = Back Sight
FL = Face Left and FR = Face Right
The mean of the two horizontal angles from each face were computed to get the mean observed
horizontal angle.

4.4.2 ANGULAR CHECK/CORRECTION

Angular check is required to ascertain the misclosure of the job. This is achieved by comparing
the sum of the angles of the traverse with the expected sum for external angles, given by
(2n+4)*90.

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 The rule of thumb is that;
Sum of external angles a polygon = (2n+4)*90 … (4.2)
Where, n= number of set-ups/number of sides of the polygon
Angular Misclosure is equal to difference between the Expected Sum of external angles a
polygon and sum of the observed external angle
For a third order cadastral survey, the discrepancy should not exceed ±30”√n, where n= no of
instrument stations.

4.4.3 TRAVERSE COMPUTATION

The Bowditch method of traverse computation is usually used for traverse computations.
Several softwares now computes traverses automatically by uploading the electronic fieldbook
into the application software. The reduced horizontal angles and distances are used to compute
the bearings and distances of the boundary, coordinates of the survey points, the angular
misclosure and linear accuracy.

The area of the land can be obtained during graphic plotting using the Area function of the
AutoCAD Software or using other software.

4.4.4 DATA CORRECTION

Application software also performs the data correction automatically. The principle is usually
based on the Bowditch method using the formular
Total Misclosure in Latitude x Length of line
Total Distance
Total Misclosure in Departure x Length of line (4.3)
Total Distance
This is carried out and the corrections computed using equations above and applied to the
latitude and departure to obtain the corrected latitudes and departures which are further used to
obtain the corrected coordinates using the formula

N icorrected = N icorrected
1 +  N icorrected

and E i
corrected corrected
= E i 1 +  E icorrected (4.4)
(for every ith term)
4.4.5 ACCURACY
Before the data acquired from site is accepted, the accuracy of the survey is analysed during the
computation stage. This task is also performed automatically by application software. The

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 values for the misclosure in the Northings and Eastings are used to compute the accuracy of the
traverse using
1
 (N 2  E 2 ) 
Accuracy   
 Total . Dis tan ce 
  (4.5)
The data from the field operation is then accepted since if it is within the stipulated minimum
allowable misclosure limit (minimum accuracy) of 1/10,000 by the SURCON Specification for
Large Scale Cadastral and Engineering Surveys.

4.5 GRAPHIC PLOTTING

The graphic plotting of this project can carried out using any of the Computer Assited Drafting
(CAD) software like AutoCAD, Micro Station, LisCAD etc. The Survey Plan is produced on
A4 Paper Size at scale an approved cadastral scale

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5.0 LAND OWNERSHIP IN NIGERIA
Land Tenure System is the process of granting ownership of land to individuals, legal bodies,
corporate bodies, and natural bodies based on their use of these lands. Land is essential for
every human activity on earth as it is the source of all material wealth. In order to regulate the
ownership, use and development of land and land resources, nations the world over have
instituted land ownership systems aimed at consistent balancing of the interests of the
government, the land owning class and the landless class. Furthermore, the Land tenure system
in Nigeria is an institution of laws that has the ability to regulate the use, management, and
transfer of land.

The land system of a given society is the manner in which land is owned and possessed. It is an
institutional framework within which decisions are taken about the use of land, embodying that
legal or customary arrangement whereby individuals or groups or organizations gain access to
economic and social opportunities through land. The land system is also constituted by the
rules and procedures which govern the right and responsibilities of both individuals and groups
in the acquisition, use and control of land. all societies of whatever culture and political creed
have land systems woven of property rights. These property rights lend form to the proprietary
land units. The proprietary land unit is the decision-making unit which is fundamental to all
positive decisions about land use and comprises two elements, the run of property rights and
the area of physical land to which they pertain. Any land system may portray categories of
estates or rights in land. These rights are absolute or non-derivative interests and derivative
interests. The absolute interests are those rights in land that confer upon their holders
unconditional interests in perpetuity and in terms of quality, it is regarded as the most superior
form of ownership. The absolute interests confer absolute ownership rights and as such allow
for the highest scope of proprietary decisions as to the use and management of land. The
derivative interests on the other hand are interests that have been derived or carved out from the
larger estates or superior estates. They include leaseholds, life interests, kola tenancy,
mortgage, borrowed interests, pledges, among others. The land ownership structure in Nigeria
is based on the absolute and derivative interests. The structure of ownership of these interests in
the country has evolved through three major periods. These are the pre-colonial, colonial and
post –colonial periods.

5.1 LAND OWNERSHIP IN NIGERIA BEFORE COLONIAL RULE

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 The predominant land tenure system in Nigeria during the pre-colonial period was the
customary land tenancy where land holdings were owned by villages, towns, communities and
families. Land was deemed not owned by individuals but by communities and families in trust
for all the family members.
The legal estate under customary land tenancy is vested in the family or community as a unit.
During this period, land belonged to the community or a vast family of which many are dead,
few are living and countless members yet unborn. Thus individuals had no such interest as the
fee simple absolute in possession as the actual ownership of land or absolute interest was
vested in the community itself. The customary land tenure in the areas comprising the Southern
States of Nigeria before colonial rule was held in the following ways:-
a. Communal Lands: - The community lands comprised lands which the entire community
has an individual or proprietary interest. Such community lands were supervised and
administered by the chiefs and traditional rulers.
b. Stool or Chieftaincy lands: - The stool or chieftaincy lands were found mostly among
the Yoruba and comprised the Oba’s palace and the surrounding lands.
c. Family lands: - The family lands were lands that were vested in the members of the
family as a corporate group.
d. Individual or Separate property: - Individual property comprised lands whose title was
vested on individuals and was obtained by partitioning of the family land to individual
members of the family
During the pre-colonial period, land held under customary tenure cannot be sold or alienated.
Such an act was generally regarded as capable of depriving the future generations of the
opportunity to acquire land.

1.2 LAND OWNERSHIP IN NIGERIA DURING COLONIAL RULE

The land ownership structure in Nigeria under colonial rule was designed to suit the motives of
the British imperialists. Historians and scholars including have argued that European conquest
and occupation of West Africa and particularly British colonial rule in Nigeria were based on
two main motives. These were initially economic interest and later governance. As a major
factor of production, land was inevitably required by the colonial authorities to achieve their
economic, social, and political objectives. Because land ownership in pre-colonial Nigeria was
communal, the colonial authorities initiated laws and regulations governing land ownership,
land use and development among others to enable them acquire and convey titles to land for the

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purposes of commerce and governance. Principal among these legislations were the Treaty of
cession (1861), Land Proclamation Ordinance (1900), Land and Native Rights Act (1916),
Niger Lands Transfer Act (1916), Public lands Acquisition Act (1917), Native lands
Acquisition Act (1917), State Lands Act (1918) and Town and Country planning Act (1947).
The Treaty of Cession of 1861 became the principal of all the treaties signed by the colonialists
with traditional chiefs in Nigeria. The legal effect of the cession of 1861 was that the root title
of the land comprised in the Treaty was passed to the British crown.

In 1900, the Land Proclamation Ordinance was enacted by Lord Lugard. The legislation
disregarded the principles of native law and custom and provided that title to land can only be
acquired through the High Commissioner.

The Land Proclamation Ordinance was enacted to kill the institution of family and communal
land ownership by facilitating the acquisition of title to land through the High Commissioner.

The Land and Native Rights Act were enacted in 1916 to vest in the colonial Governor all
rights over all native lands in Northern Nigeria. Sections 3 and 4 of the Act provided as
follows:-
“(3) All native lands and right over the same are hereby declared to be under the control
and subject to the disposition of the Governor, and shall be held and administered for the
use and common benefit of the natives of Northern Nigeria and no title to the occupation
and use of any such lands shall be valid without the consent of the Governor.
(4) The Governor, in exercise of the powers conferred upon him by his Proclamation with
respect to any land ,shall have regard to the native laws and customs existing in the
district’ in which such land is situated”.
Later sections of the Act further provided, inter-alia, for the Governor’s power:-
a. To grant rights of occupancy to “natives” as well as to “non- natives”,
b. To demand and revise rent for such grants;
c. To render null and void any attempted alienation by an occupier of his right of
occupancy without the Governor’s consent.
d. To revoke the grants to occupiers for “good cause”.
However, the land and native Rights Act of 1916 (with later amendments) was repealed and
replaced by Land Tenure law of 1962, which governed land tenure in Northern Nigeria up till
1978, before the promulgation of the Land Use Decree (now Act).

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Also in 1916, the Niger Lands Transfer Act was enacted. This law transferred the rights of the
then Royal Niger Company in lands acquired by it and vested such rights in the British crown.
The major legal effect of the Act was that lands held by the company based on treaties and
agreements made with the people of Nigeria were transferred to the colonial government,
thereby creating some landownership problems for the people.
In 1917, the Public Lands Acquisition Act was enacted to empower the colonial Governor to
acquire lands when required for public purposes. This law covered the then colony and
protectorate of Nigeria. It empowered the colonial government to compulsorily acquire land
whether occupied or unoccupied and provided for non-payment of compensation if unoccupied
lands were acquired.

Also in 1917, the Native Lands Acquisition Act was enacted to regulate the acquisition of land
by aliens from the people of the southern provinces of Nigeria. It provided in section 3 as
follows:-
“3(a) No alien shall acquire any interest or right in or over any lands within the
protectorate from a native, except under an instrument which has received the approval in
writing of the Governor,
(b) Any instrument which has not received the approval of the Governor as required by
this section shall be null and void.”
Also, section 3A provided as follows:-
“ 3A Where any interest or right in or over any land has been acquired by an alien from a
native with the approval in writing of the Governor as provided for in Section 3,such
interest or right shall not:-
(a) Be transferred to any other alien without the approval in writing of the Governor.
Section 4 of the Act provided that it shall be unlawful for any alien or for any person
claiming to be an alien to occupy any land belonging to a “native” unless the right of the
alien to occupy or authorize the occupation of the land is evidenced by an instrument
which has received the approval of the Governor (or his delegate) in writing. Any default
is punishable by fine or imprisonment or both. An alien was defined in section 2 of the Act
as “any person who is not a native of Nigeria”.

The Native Land Acquisition Act 1917 had, since the advent of the federal system of
government in Nigeria, been replaced by the Native Land Acquisition Law of 1952 in the

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Western and Mid- Western states and by the Acquisition of Land by Aliens Law of 1956 in the
Eastern states.

In addition, the State Lands Act was promulgated in 1918 to regulate the use, occupation and
development of crown (state) lands in which the whole public have an interest. Under section 2
of the Act, “State land’ means all public lands in the Federation which are for the time being
vested in the Governor – General (at that time) on behalf or for the benefit of the state as the
case may be, and all lands heretofore held or hereafter acquired by any authority of the
federation for any public purpose or otherwise for such benefit, as well as land so acquired
under any Act of parliament, but does not include lands which although acquired and so held
are subject to the Lands and Native Rights Act. The Act restricted the sub-lease of occupiers of
state lands in the country.

In 1946, the Town and Country Planning Act was enacted as a law of general application. The
law came into force on 28th March, 1946. It was a law enacted to make provision for the re-
planning, improvement and development of the different parts of Nigeria. The law provided for
the establishment of planning Authorities to regulate land use, planning schemes and
development control. This law was replaced by the Nigerian Urban and Regional planning
Decree (now Act) of 1992. However, while these laws were enacted to make lands available for
use by the colonial government, they were implemented to eliminate the pre-colonial land
tenure system in the country and facilitate private ownership of land, particularly in Southern
Nigeria. Thus with the advent of colonial rule, commerce and commercialization, it had
become possible for individuals to own private land and deal with such land liberally and
subsequently, land began to be sold, leased or mortgaged to individuals or groups. Elias (1971)
summarized the land ownership system in Nigeria during the colonial rule and reported that:-

“ in the result, therefore, the Government (the colonial government) has pursued a policy
of restricting alienation of land in the former Southern provinces only to dealings among
the people themselves, while frowning upon any out- and- out transfer to aliens. No claim
to absolute ownership has been made, nor has any rigid distinction been drawn between
crown and other lands except, perhaps that whereas in the case of certain lands taken over
from the Royal Niger Company no compensation to any occupier will be paid for their
appropriation to public purposes, compensation is as a rule paid in the case of all other
lands within the former Southern provinces. This contrasts markedly with the Northern
policy of paying only for unexhausted improvement by native occupiers and not for the

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 acquisition of the land itself. A corollary of this has been that while in the North the
Government has formally laid down the policy that no freehold title can exist in land but
only a right of occupancy, there has been a benevolent neutrality on the part of the
Government with respect to the form which titles to land in the former southern provinces
should take”.

1.3 LAND OWNERSHIP IN NIGERIA SINCE INDEPENDENCE

Nigeria gained independence from colonial rule in 1960 and became a republic in 1963.After
independence, private ownership of land by individuals, families and communities was the
predominant land tenure system in the Southern States of Nigeria while all lands in the territory
comprising the Northern States of Nigeria were regarded as owned by the state, based on the
provisions of the Land Tenure Law of 1962. Two principal legislations have been enacted to
regulate land ownership in Nigeria since independence. These are:-
1. The Land Tenure Law of Northern Nigeria of 1962
2. The Land Use Act of 1978

1.3.1 THE LAND TENURE LAW OF 1962

This law contains the basic principles as those in the Land and Native Right Act of 1916. It was
enacted to replace the Land and Native Rights Act of 1916.The land Tenure Law provided that
all lands in each of the states in Northern Nigeria whether occupied or unoccupied are “native
lands” and are placed under the control ,and are subject to the disposition of the Minister
responsible for land matters, who holds and administers them for the use and common benefits
of the “natives”, that is to say, persons whose fathers were members of any tribes indigenous to
each state in Northern Nigeria. This means that all other persons who are not indigenous to
each of such states are “non-natives”. Under this law, no title to the occupation and use of any
such lands by a non-native is valid without the Minister’s consent. The natives of Northern
Nigeria were granted right of occupancy to land for a limited number of years. For the purpose
of the law, a right of occupancy means a title to the use and occupation of land and includes
both customary and statutory right of occupancy. An occupier enjoys exclusive right to his land
against all persons other than the Minister. He may, with the Minister’s consent, sell, mortgage
or transfer any lawful improvement on the land. Also, on the determination of a statutory right
of occupancy, all the improvements on the land revert to or vest in the Minister without
payment of any compensation to the holder. Alienation of a statutory right of occupancy is

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 prohibited without the Minister’s prior consent. The Land Tenure law of 1962 was repealed and
replaced by the Land Use Decree (now Act) of 1978.

1.3.2 THE LAND USE ACT OF 1978

Land Use Act No. 6 of 1978 was promulgated into law with effect from 29th March, 1978 as
the nation’s land policy document. Since then, it has remained so in the country till date. To all
intents and purposes, the Act regulates the ownership, alienation, acquisition, administration
and management of land within the Federal Republic of Nigeria. Section 1 of the Land Use Act
vests all land comprised in the territory of each state in the Federation of Nigeria in the
Governor of that state and such land shall be held in trust and administered for the use and
common benefit of all Nigerians in accordance with the provisions of the Act. Section 5(1) of
the Act empowers the Governor of a state to grant statutory right of occupancy to any person
for all purposes in respect of land, whether or not in an urban area and issue a certificate of
occupancy in evidence of such right of occupancy in accordance with the provisions of Section
9(1) of the Act. Also, Section 5(2) of the Act provides that “Upon the grant of a statutory right
of occupancy under the provisions of sub – section (1) of this section, all existing rights to the
use and occupation of the land which is the subject of the statutory right of occupancy shall be
extinguished.” Thus, the statutory right of occupancy granted by a Governor is presently the
highest right to land in Nigeria. This right of occupancy is a right which allows the holder to
use or occupy land to the exclusion of all other persons except the Governor and is granted for
a maximum holding period of 99 years, subject to the payment of ground rent fixed by the
Governor throughout the holding period. Sections 21 and 22 of the Act prohibit alienation,
assignment, mortgage, transfer of possession, sub – lease or otherwise howsoever customary or
statutory rights of occupancy in Nigeria without the consent and approval of the Governor of
the state where such right of occupancy was granted. The provisions of Sections 21 and 22 of
the Act are as follows:
21. It shall not be lawful for any customary right of occupancy or any part thereof to be
alienated by assignment, mortgage, transfer of possession, sub-lease or otherwise
howsoever
a. without the consent of the Governor in cases where the property is to be sold by or
under the order of any court under the provisions of the applicable Sheriffs and Civil
Process Law; or
b. in other cases without the approval of the Local Government

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 22. (1) It shall not be lawful for the holder of a statutory right of occupancy granted by the
Governor to alienate his right of occupancy or any part thereof by assignment, mortgage,
transfer of possession, sub-lease or otherwise howsoever without the consent of the
Governor first had and obtained; Provided that the consent of the Governor;
a. shall not be required to the creation of a legal mortgage, over a statutory right of
occupancy in with the consent of the Governor;
b. shall not be required to the reconveyance or release by a mortgage to a holder or
occupier of a statutory right of occupancy which that holder or occupier has
mortgaged to that mortgagee with the consent of the Governor;
c. to the renewal of a sub-lease shall not be presumed by reason only of his having
consented to the grant of a sub-lease containing an option to renew the same.
(2) The Governor when giving his consent to an assignment, mortgage or sub-lease may
require the holder of a statutory right of occupancy to submit an instrument executed in
evidence of the assignment, mortgage or sub-lease and the holder shall when so required
deliver the said instrument to the Governor in order that the consent given by the Governor
under sub-section (1) of this section may be signified by endorsement thereon.

Statutory right of occupancy as interpreted in Section 50 of the Act is a right of occupancy

granted by the Governor under the Act for a maximum holding period of 99 years. Customary
right of occupancy as also interpreted in that section of the Act is the right of a person or
community lawfully using or occupying land in accordance with customary law and includes a
customary right of occupancy granted by a Local Government under the Act. Also, Section
28(1) empowers the Governor of a state to revoke a right of occupancy for overriding public
interest, subject to the payment of compensation for the unexhausted improvements based on
the provisions of Section 29 (4) of the Act.

1.4 TYPES OF LAND TENURE SYSTEM IN NIGERIA

In order to strengthen property rights and eliminate systemic sources of wealth inequality by
changing the classification, distribution, and administration of its land resources, the country
came up with types of Land Tenure systems. They are:
1. Freehold Tenure System: Individuals who subscribe to the Freehold tenure system pay a
predetermined amount for the right to own a plot of land. Upon obtaining it, the owner
can use it as collateral for a loan. The land is surveyed and closed by signing backup
documents.

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2. Inheritance Tenure System: In this case, land ownership is transferred to a successor after
the demise of the primary owner. This makes lands being provided for both born and
unborn children.
3. Communal Land Tenure system: Here the rights to the land is owned, secured and
manage by the community. The community’s leadership determines the structure, basis
and processes of owing and dividing the land. Farming on a large scale is often a
common practice, but a single individual cannot claim ownership of the land or even use
it as security.
4. Leasehold Tenure System: Leasehold is temporary ownership/rights to hold land granted
to a lessee (individual or company) by a lessor (individual, corporate of government). A
lease is usually for a long period for instance 2, 5 or 10 years. During the lease period, an
individual may have temporary access to the land, but cannot use it as collateral for loans.
5. Rent Tenure System: The tenants pay a rent amount to the landlord for a period of time
that they use the property. Depending on the agreement and terms, the rent period could
be months, or one to two years. The tenant cannot use it as collateral for loans.
6. Gift Tenure System: This type of land ownership is when the landowner gives up his or
her land voluntarily and without being coerced by anybody. Since the new owner now
owns the full and permanent title to the land, he can use it as collateral for a loan.

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