Book Cover
E-book

Title Untitled : securing land tenure in urban and rural South Africa / edited by Donna Hornby [and others]
Published Pietermaritzburg, South Africa : University of KwaZulu-Natal Press, 2017
©2017

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Description 1 online resource : maps
Contents Chapter 1: Introduction: Tenure practice, concepts and theories in South Africa /Donna Hornby, Lauren Royston, Roasalie Kingwill and Ben Cousins -- Chapter 2: The policy context: Land tenure laws and policies in post-apartheid in South Africa / Rosalie Kingwill, Lauren Royston, Ben Cousins and Donna Hornby -- Chapter 3: Becoming visible on the grid: attempts to secure tenure at Ekuthuleni / Donna Hornby -- Chatre 4: The 'Living customary law of land'in Msinga, KwaZulu-Natal / Ben Cousins -- Chapter 5: Land tenure and the governance of Wetland in complex transforming enviroment: lessons for exploring legal pluralism and Craigieburn / Tessa Cousins and Sharon Pollard -- Chapter 6: 'Entanglement ': a case study of changing tenure and social relations in Inner-City buildings in Johannesburg / Lauren Royston -- Chapter 7: Square pegs in round holes: the competing faces of land title / Rosalie Kingwill --Chapter 8: Beyond ownership? Local land registration practices and their potential for imprroving tenure security in informal settlement upgrading / Margot Rubin and Lauren Royston -- Chapter 9: Leaping the fissures: bridging the gap between paper and real practice in land reform in South africa / Tessa Cousins and Donna Hornby -- Chapter 10: Recognising tenure and settlement rights of the poor: the city of Johannesburg's programme to regularise informal settlement /Gemey Abrahams -- Chapter 11; Conclusion: beyonf the 'Edifice' /Rosalie Kingwell, Donna Hornby, Lauren Royston and Ben Cousins
Summary "A title deed = tenure security. Or does it? This book challenges this simple equation and its apparently self-evident assumptions. It argues that two very different property paradigms characterise South Africa. The first is the dominant paradigm of private property, referred to as an 'edifice', against which all other property regimes are measured and ranked. However, the majority of South Africans gain access to land and housing through very different processes, which this book calls social or off-register tenures. These tenures are poorly understood, a gap Untitled aims to address. The book reveals that 'informal' and customary property systems can be well organised, often providing substantial tenure security, but lack official recognition and support. This makes them difficult to service and vulnerable to elite capture. Policy interventions usually aim to formalise these arrangements by issuing title deeds. The case studies in this book, which span both rural and urban contexts in South Africa, examine these interventions and the unintended consequences they often give rise to. Interventions based on an understanding of locally embedded property relations are more likely to succeed than those that attempt to transform them into registered tenures. However, emerging practices hit intractable obstacles associated with the 'edifice', which only a substantial transformation of the legal paradigms can overcome."--Back cover
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Customary law -- South Africa.
Land tenure -- South Africa
Land reform -- South Africa
LAW -- Essays.
LAW -- General Practice.
LAW -- Jurisprudence.
LAW -- Paralegals & Paralegalism.
LAW -- Practical Guides.
LAW -- Reference.
Customary law
Land reform
Land tenure
South Africa
Form Electronic book
Author Hornby, Donna.
ISBN 9781869143510
1869143515