No abstract available. / Thesis (M.T.R.P.)-University of Natal, Durban, 1998.

This study proposes a system-based approach to land registration ana lysis using the case of the KwaZulu-Natal Deeds Registry in Pietermaritzburg. The study seeks to; (i) investigate and analyze the land registration system (as a whol e) in terms of its key processes, data stores and data flows (ii) assess, based on the na ture of the data stores, data flows and processes, the turn around time of the as is (manual) and the to be (computerised) systems, and (iii) recommend improvements based on ident ified gaps and bottlenecks. The study identified two key role players in land regis tration; the Conveyancers (responsible for deed drafting) and Deed Registry (deed examination and approval). The interaction between the two, which has its own challenges , ensures the proper application of complex legislation related to the registration of land. To gain deeper insight into the activities of the land registrati on system, key informant interviews were held and several documents were reviewed to understa nd the data sources and their formats, processes performed, storage and acc essibility of such data as well as the internal and external data flows across Conveyancers , Deeds Registry and other stakeholders. In this regard, the land registration system wa s decomposed into a number of data flow diagrams (DFDs); namely context (system as a whole), top level (system as composed of main subsystems) and lower level (deta iled sub systems) to identify the core data stores, data flows and processes. Based on these diagrams, manual and electronic data stores, proces ses and data flows were identified and turnaround time of the as is (manual) and the to be (computerized) systems was derived and compared. A conventional case of a deed of transfer - from deed of sale to registration of the deed of transfer was used. The res ults showed that significant gains in turn around time, from 70 to 9 days can be realized through comput erisation of certain key data stores, processes and data flows. Recommendat ions for improvement were then generated based on the system diagrams and turn around times. The study thus demonstrates the potential of a holistic approach to la nd registration analysis and improvement. / Thesis (M.Env.Dev.)-University of KwaZulu-Natal, Pietermaritzburg, 2010.

Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.

Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.

Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.

This thesis describes the evolution and demise of Oregon's alien land laws of 1923 and 1945 and their impact on the Nikkei community and the state's culture. After a brief discussion of Japanese immigration to Oregon and their lifestyle, the work discusses the emergence of discrimination against Japanese residents. At the same time, it outlines how the Nikkei adopted creative responses to the law. This thesis then explores the manner by which anti-Japanese internment policies during World War II shattered the Issei community, revoking many of the gains made in the previous half-century. The effects of the second alien land law and wartime economic changes in agriculture also are considered. The final section of the thesis deals with successful efforts in reversing the alien land laws and suggests how the Japanese experience in Oregon illustrates the challenges facing a pluralist society.

LL. M.(With specialisation in Private Law))

The recognition of native title changed the foundations on which the Australian law of real property rested. However, the phrase

Numerous land reform policy instruments and initiatives that have been implemented since the beginning of the 1990's are mediating the on-going battle between formal land tenure systems and informal customary land tenure arrangements. The policy instruments and initiatives seek to establish a delicate balance that will suit the diverse needs of the population of South Africa with respect to land. The enormity of this task is evident when one is faced with the reality that South Africa has the third highest Gini index (a measure of inequality in the distribution of land) in the world. The Eastern Cape Province is one of the poorest provinces in South Africa, and has been affected most by the land segregationist and homeland policies of previous colonial and apartheid regimes. It is not only the unequal distribution of land, but also the vast array of insecure tenure arrangements that have had a detrimental effect on the development and empowerment of communities resident on communal land. This research analyses one initiative that intends to strengthen the security of tenure of existing occupants of communal land in the remote rural areas of the Eastern Cape Province. The research critically appraises the Administrative Area Boundary Project of the Department of Land Affairs (that aims to identify and complete the formal surveys of all administrative area boundaries in the Eastern Cape) in the light of the intentions of the Communal Land Rights Act (No. 11 of 2004) (CLaRA), and highlights the challenges in formalising the informal tenure arrangements of occupants of communal land. The different aspects of the Administrative Area Boundary Project (both office work and field work) were evaluated in order to determine not only its feasibility, but also its impact as an effective instrument of land reform in its endeavour to provide secure land rights to millions of South Africans residing in former homeland areas. To this end, both desktop and case study methodologies were used in order to collect and analyse the research data. / Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.

Thesis (M.A.)--University of Hawaii at Manoa, 2005. / Includes bibliographical references (leaves 104-106). / iv, 106 leaves, bound 29 cm