Climate Change And Real Estate Law: Obtaining Legal Structures For A flourishable property management

 CLIMATE CHANGE AND REAL ESTATE LAW: OBTAINING LEGAL STRUCTURES FOR A FLOURISHABLE PROPERTY MANAGEMENT

By

Frank C. Okike

University of Nigeria

 

1.0 Introduction

Climate change is unarguably the most persistent threat to global stability in the coming century. It is very likely that the major rise in global climate change comes from anthropogenic increase in GHGs. The impact of these activities on biodiversity cannot as well be overemphasized. The majority of recommendations on climate change are administrative and legislative in nature, with the majority of property law provisions being assumed. While administrative and legislative solutions are often the focus of the complicated issues related to climate change, property law can play an essential, but often overlooked, role in mitigating the effects of climate change.

The following enactments which include - Section 43 of the Constitution of the Federal Republic of Nigeria - Property and Conveyancing Law (PCL) - Registration of Titles Law of Lagos State and Land Instrument Registration Laws of various States define property law and how persons obtain ownership rights in Nigeria. It also regulates how land is used. Though there is enormous potential by the Climate Change Act to reduce carbon emissions from each of these revolutionary technologies—such as air and water movement and solar energy harvesting—the reach of these principles has not kept up. Effectively combating climate change necessitates increasing energy production from environmentally benign sources, such as solar and wind power. This essay seeks to peruse climate change, property management, adoption of legal structures to salvage climate situations and viable recommendations.

2.0 Property Management and Climate Change: The Status Quo

Climate change will affect how land is used and enjoyed. While a great deal of research has been done on the anticipated effects on society and the physical environment, little has been done to look at how these changes would affect the law and property entitlements. Traditionally, property law has consisted on a set of universal, abstract principles that may be applied to any shift in how societies use land, whether under civil, common, or hybrid systems. The law's main goals have been to support alienability and title security with the fewest possible restrictions. Laws that acknowledge exclusive rights are in place to protect both purposes by lowering the possibility that the government or other private parties may interfere with an owner's title. 

On the other hand, property holders face additional dangers as a result of global climate change, including shifting boundaries between private and public ownership, a sharp decline in value due to "Acts of God" rather than state regulation, and increased pressure on state regulations to adjust to the changing environment. Many landowners will also benefit from climate change. For instance, land may be more appealing for agricultural production and human habitation, but the implications of this for property law and regulation are outside the purview of this essay.

3.0 Property management and Climate Change: Adopting Legal structures to salvage the situation.

Over the past 20 years, more and more nations have enacted legislation addressing climate change. This is partly due to the increased activity in global climate negotiations as well as a rising understanding of the critical role that national legislation and policy initiatives play. Legislative tools can have a big impact on the development of climate litigation in a given jurisdiction and are essential in enabling governments to act swiftly and strategically to reduce and adapt to climate change.

Nigeria's 2021 Climate Change Act establishes a net-zero targets for 2050–2070 and offers an ambitious framework for mainstreaming climate initiatives in accordance with national development aspirations. The Act codifies national climate action by requiring the Ministry of Environment to establish a carbon budget, maintain a 2oC average world temperature increase, and pursue efforts to keep the increase in temperature to 1.5oC over pre-industrial levels, among other requirements. In order to make sure that the country's emission profile is in line with the carbon budget goals, it also approves the creation of a National Climate Change Action Plan every five years, which lays out guidelines for choosing mitigation and adaptation strategies.

The Act mandates that all entities operating within Nigeria's territorial authority, whether public or private, put in place procedures designed to promote a society that is resilient to climate change, environmentally sustainable, and emits little carbon emissions. Any private company with 50 or more employees is required by law to designate a climate change officer who will be in charge of submitting annual reports to the National Climate Change Secretariats regarding the company's progress toward meeting its carbon emission reduction and climate adaptation plan, as well as to put in place measures to meet the annual targets for reducing carbon emissions in accordance with the Action Plan.

Nigeria may attain its short-, medium-, and long-term objectives for climate mitigation and adaptation by utilizing the strong framework for climate action that the Climate Change Act offers. Encouraging a low-carbon economy and sustainable livelihoods are responsibilities placed on both public and commercial institutions. Additionally, the Council and its Secretariat have a duty to collaborate with pertinent stakeholders, particularly civil society organizations. For future climate lawsuits, these actions offer a strong legal basis. The Act allows anyone, whether a private or public entity, to take legal action against the Council for possibly failing to regulate the penalties and offenses resulting from non-compliance with the climate obligations imposed by the new law. This includes anyone who acts in a way that adversely impacts mitigation and adaptation.

Jurisdiction is conferred on the Federal High Court to hear matters arising from Climate change defaulters. The Act can be used to strengthen earlier legal initiatives in Nigeria related to climate change. The nation's climate lawsuits are still in their infancy. The Federal High Court of Nigeria's decision in Gbemre v. Shell Petroleum Development Company of Nigeria & Ors mandated that oil firms cease gas flaring in the Niger Delta because it was endangering the communities' collective livelihood and contributing to harmful and potentially fatal environmental impacts, such as acid rain. The Nigerian Constitution and the African Charter protect residents' fundamental rights to life and human dignity, respectively, are violated by the practice of widespread and continuous intense gas flaring in the community, the court concluded. In a more recent case, the Nigerian Supreme Court broadened the parameters of locus in the case of Center for Oil Pollution Watch v. Nigeria National Petroleum Company.

4.0 Conclusions and Recommendations

Conclusively, mitigation and adaptation are two approaches to addressing the anticipated negative effects of climate change on environmental and property management as examined in this essay. The majority of national and international initiatives have focused on mitigation or lowering greenhouse gas emissions. Mitigation, however, is a myth; therefore, it is vital that all countries prepare for the unavoidable effects of global climate change, both positive and bad. New property laws and more governmental regulation will be needed for adaptation. Although not fully understood, global climate change will have a considerable impact on the physical form of most of the earth's surface, the uses that land will be put to, and the value of some lands.

 

References:

Online Source: 

Gregory, Sergienko. Property Law and Climate Change, America bar Association, Jstor. Vol. 22, No. 3 2008. Retrieved from: https://www.jstor.org/stable/40924923 Accessed 14th November, 2023. 

Abiwon Babatunde, “Plant Genetic Resources (PGR) in Nigeria and the Reality of Climate Change - A Review Asian Journal of Environment & Ecology. 2007. 

A. Dan Tarlor. "Global Climate Change and the Stability of Property Rights. Law Explorer. 2008. Retrieved from: https://lawexplores.com/global-climate-change-and-the-stability-of-property-rights/ Accessed 14th November, 2023. 

Jumoke Lambo, et al. " The Climate Change Act 2021: Key Points for Consideration". 2023. Retrieved from: https://www.mondaq.com/nigeria/climate-change/1281268/the-climate-change-act-2021-key-points-for-consideration Accessed 14th November, 2023.

Muhammad, Tawfiq. "A Review of Nigeria 2021 Climate Change Act: Potential for Increased Climate Change Litigation". Iucn. 2022. Retrieved from: https://www.iucn.org/news/commission-environmental-economic-and-social-policy/202203/a-review-nigerias-2021-climate-change-act-potential-increased-climate-litigation Accessed 14th November, 2023.

Statutes:

Constitution of the Federal Republic of Nigeria 1999 (as amended)

Property and Conveyancing Law (PCL) 1959

Registration of Titles Law of Lagos State 2004

Land Instrument Registration Laws of various States 

Climate Change Act 2021

Case laws: 

Gbemre v Shell Petroleum Development Company of Nigeria & Ors [2008] FHC

Center for Oil Pollution Watch v Nigeria National Petroleum Company [2019] 5 NWLR.