Includes bibliographical references. The origins of the Torrens System of land registration are not clear. Examines the claim of Dr. Ulrich Hübbe who asserted that he collaborated with Torrens to bring about the adoption of the land law of his hometown Hamburg in the form of the Real Property Act 1858 (SA). An historical examination (collecting and analysing all relevant historical sources), shows that it is likely that Hübbe was the actual draftsman, while a comparative legal analysis (contrasting Hamburg's land law at the beginning of the 19th century with the first bill of the Act) demonstrates that there is a strong similarity between Hamburg's land registration system and the original Torrens System; and, that the outstanding differences between the systems can be explained by the natural adaptation processes which are implied by the adoption of laws.

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.

O Pontal do Paranapanema é um território em disputa. Assim foi desde sua ocupação baseada na expropriação indígena, na grilagem de terras e no desmatamento. Na atualidade a disputa está na luta entre as classes sociais envolvidas na região. Por um lado têm-se as terras historicamente tomadas indevidamente e ilegalmente, que estão sob o domínio dos fazendeiros; por outro as terras que foram retomadas por um processo de luta e que estão sob o domínio dos camponeses, territorializadas através dos assentamentos rurais. Há ainda uma grande parcela de terras em disputa judicial, movida principalmente pela pressão dos movimentos camponeses para que o Estado cumpra as determinações que a lei lhe compete, ou seja, discriminar e retomar as terras que são de patrimônio público. Somente com as ações dos movimentos sociais através das ocupações de terras, principalmente em meados da década de 90 do século XX, que o Estado procurou redefinir a destinação das terras públicas. Os acordos realizados entre Estado e fazendeiros, permitiu tanto a (re)produção do campesinato, na forma de assentamentos rurais, como dos fazendeiros ao indenizar benfeitorias que se converteram em valores próximos ao preço de mercado, possibilitando assim a compra de terras para outras regiões brasileiras. Na tese, revelamos o lento processo discriminatório e os entraves jurídicos na obtenção e julgamento dessas áreas griladas por fazendeiros e hoje questionadas pelos inúmeros movimentos camponeses existentes no Pontal do Paranapanema. / The Pontal do Paranapanema is a disputed territory. It has been this way through processes of indigenous expropriation, the falsification of land titles and aggressive deforestation. At present, the dispute is centered on struggle between social classes involved in the region. On the one hand, there is the historically traceable and unquestionably illegal process of falsifying titles to take land, lands which are clearly under the control of the landlord class. On the other, there are lands that have been retaken through a process of struggle, lands now under peasant control, territorialized as agrarian reform settlements. In the meantime, large numbers of tracts remain mired in judicial proceedings, disputed for by peasant movements, pressuring the State to honor the law it is charge to fulfill by retaking lands that are part of the public patrimony. It has only been through the direct action of social movements, principally the occupation of lands during the middle period of the 1990s that the State sought to redefine the final use of public lands. Accords reached between the State and landlords contributed to (re)producing both the peasantry, through the establishment of agrarian reform settlements, and landlords, through near-market indemnity payments made for improvements on falsely titled public lands, enabling them to buy land in other regions of Brazil. This dissertation examines the slow land title discrimination process and the legal barriers encountered in the struggle to adjudicate and obtain areas falsely claimed by landlords and today questioned by the innumerous peasant movements active in the Pontal do Paranapanema.

The purpose of this study was to investigate the conveyancing process in South Africa with a view to identify how the process might be improved in terms of its efficiency and effectiveness. Land is an asset and still remains a valuable factor in production, even in the modern knowledge economy. In many parts of the world, land is a limited resource, therefore, in most countries, custodianship and ownership of land and landed properties generally tend to be guarded through the meticulous capturing, recording and storage of appropriate data and information. Legislative provisions for the transfer of custodianship and/or ownership require the involvement of a variety of role players in the conveyancing processes that culminate in the registration of land and associated immovable property. In some countries, the conveyancing processes tend to be complex and cumbersome. The study provides a conceptual framework for conveyancing processes based on a content-based review of land and immovable property registration systems in five countries, namely, Barbados, the Netherlands, Australia, Taiwan and South Africa. The study further investigates the South African conveyancing processes. Quantitative questionnaires were completed by six respondent groups from the conveyancing service chain, and qualitative interviews were conducted with two of the four major banks in South Africa. Descriptive statistics was used to analyse the quantitative data, and content analysis was used to analyse the qualitative data. The findings were used to develop a de-bottlenecking framework for South African conveyancing. / Business Management / M. Com. (Business Management)

University of Macau / Faculty of Law

Thesis (LLM )-University of Stellenbosch, 2004. / 150 leaves printed on single pages, preliminary pages i-xi and numbered pages 1-138. Includes bibliography. / Digitized at 600 dpi grayscale to pdf format (OCR), using a Bizhub 250 Konica Minolta Scanner. / ENGLISH ABSTRACT: The concept of sectional ownership has been unknown in the Botswana common law because of the maxim superficies solo cedit, which does not recognize separate ownership of apartments in a building. The law must always serve the felt and real needs of the times, and in order to give effect to those needs, the Botswana Sectional Titles Act was enacted in 1999. It is based on the South African Sectional Titles Act of 1986, as amended, which repealed the 1971 Act. In this thesis, a comparative analysis of the South African and Botswana sectional titles law is made to determine whether and, if so, how the existing position in the South African sectional titles law could aid interpretation and application of the sectional titles legislation of Botswana, specifically pertaining to aspects of establishment of sectional title schemes. The main focus is on the legislative provisions of both jurisdictions. However, South African case law is also considered. Landownership and sectional titles is discussed, to determine whether sectional ownership is genuine ownership. This entails a discussion on the publicity principle, which in the case of land is normally achieved by means of registration in the Deeds Registries. The thesis analyses the Botswana and South African statutes on the requirements and procedures involved in the establishment of sectional title schemes to bring to light any shortcomings that may exist in either of the two statutes. An understanding of the shortcomings of the South African statute is relevant to the interpretation and application of the Botswana statute. An examination of the procedural aspects of establishment of a sectional title scheme, as well as the roles of the parties involved in the establishment thereof is undertaken, so as to identify consequences that may ensue if they fail to comply with the requirements of either of the statutes. Consequently, a comparative analysis on the effect of registration of the sectional plan and opening of the sectional title register is made. Although it is not suggested that the Botswana Act should be completely similar to the South African Act, as Botswana may have its own peculiar circumstances, suggestions as to the amendment of the Botswana statute are made. Amendments would make the Botswana Act even more flexible, and would open up the possibilities of development to achieve greater access to land. Further more improvements to the Act will have to be made, some before its implementation, and some after a period of application of the Act, as real practical problems become apparent. / AFRIKAANSE OPSOMMING: Die konsep van deeltitel was tot dusver in Botswana se gemenereg onbekend weens die maxim superficies solo cedit, wat nie aparte eienaarskap van woonstelle in 'n gebou erken nie. Die wet moet altyd die werklike behoeftes van die tyd dien, en om te voldoen aan daardie behoeftes is die Botswana Wet op Deeltitels in 1999 uitgevaardig. Dit is gebaseer op die Suid-Afrikaanse Wet op Deeltitels van 1986, soos gewysig, wat die 1971 Wet herroep het. In hierdie tesis word 'n vergelykende studie gedoen van die Suid-Afrikaanse Wet op Deeltitels en die gelyknamige Wet in Botswana om te bepaal of, en indien wel, hoe die bestaande posisie in die Suid-Afrikaanse Wet op Deeltitels kan help met die interpretasie en toepassing van die deeltitel wetgewing van Botswana, veral waar dit gaan oor die vestiging van deeltitelskemas. Die tesis fokus op die wetgewende bepalings in albei lande, maar konsentreer op probleemareas in die nuwe Deeltitel wet van Botswana. Grondeienaarskap en deeltitels word bespreek om te bepaal of deeltiteleienaarskap werklike eienaarskap is. Dit behels 'n bespreking van die publisiteitsbeginsel, waaraan gewoonlik, in die geval van grond, voldoen word deur registrasie in die Akteregister. Die tesis ontleed die Suid-Afrikaanse statuut en die statuut van Botswana wat gaan oor die vereistes en prosedures betrokke by die vestiging van deeltitelskemas en enige tekortkominge wat bestaan in enige van die twee statute. Dit is belangrik om die tekortkominge van die Suid-Afrikaanse statuut te begryp, as die statuut van Botswana geinterpreteer en toegepas moet word. Die prosedures wat gevolg word in die vestiging van 'n deeltitelskema, asook die rolle van die verskillende partye betrokke, word bespreek sodat die gevolge as daar nie aan die vereistes van die statuut voldoen word nie, identifiseer kan word. Gevolglik word 'n vergelykende ontleding gedoen van die effek van registrasie van die deeltitelplan en die opening van die deeltitelregister. Die slothoofstuk bevat aanbevelings vir verdere navorsing. Alhoewel daar nie voorgestel word dat die wet in Botswana identies aan die Suid-Afrikaanse wet moet wees nie, (Botswana het te make met ander omstandighede) word voorstelle aan die hand gedoen vir die wysiging van die wet in Botswana. Hierdie wysigings sal die wet meer buigsaam maak en daar sal meer moontlikhede wees vir ontwikkeling wat groter toegang tot grond sal bewerkstellig. Verder sal daar verbeterings aan die wet aangebring moet word nadat dit eers in werking getree het en die werklike probleme kop uitsteek.

The purpose of this study was to investigate the conveyancing process in South Africa with a view to identify how the process might be improved in terms of its efficiency and effectiveness. Land is an asset and still remains a valuable factor in production, even in the modern knowledge economy. In many parts of the world, land is a limited resource, therefore, in most countries, custodianship and ownership of land and landed properties generally tend to be guarded through the meticulous capturing, recording and storage of appropriate data and information. Legislative provisions for the transfer of custodianship and/or ownership require the involvement of a variety of role players in the conveyancing processes that culminate in the registration of land and associated immovable property. In some countries, the conveyancing processes tend to be complex and cumbersome. The study provides a conceptual framework for conveyancing processes based on a content-based review of land and immovable property registration systems in five countries, namely, Barbados, the Netherlands, Australia, Taiwan and South Africa. The study further investigates the South African conveyancing processes. Quantitative questionnaires were completed by six respondent groups from the conveyancing service chain, and qualitative interviews were conducted with two of the four major banks in South Africa. Descriptive statistics was used to analyse the quantitative data, and content analysis was used to analyse the qualitative data. The findings were used to develop a de-bottlenecking framework for South African conveyancing. / Business Management / M. Com. (Business Management)

This study analyses the impact of land registration and certification scheme on sustainable use of farmlands in Debre Mawi and Densa Bahta rural kebeles of Amhara region in northwestern Ethiopia, with a view to contributing to the theoretical debate on tenure security and more realistic policy advocacy on the sustainable use of farmlands. Within the framework of qualitative research methodology, the case study approach helps to observe and understand the relationship between land titling and sustainable use of farmlands in Densa Bahta and Debre Mawi kebeles of the Amhara region in Ethiopia. Specific methods employed were focus group discussions, in-depth interviews and observation, complemented by context analyses of relevant documents. It was found that land titling has contributed to a high perception of security of land tenure among study respondents. However, results show that land titling has both positive and negative impacts on sustainable use of farmlands. The positive impact of land titling is ascribed to its assurance effect and legal obligation imposed on farmers to adopt proper land management practices. The negative impact of land titling arises from its failure to address the existing inequality in possession of farmlands among the village communities. Failure of farmers’ high perceptions of their security of land tenure to translate into sustainable land use practices has implications for the relative importance of productive asset endowments, self-efficacy and risk perception on the sustainable use of farmlands in the Amhara region. Interviewees that follow unsustainable farming practices were endowed with relatively lower pieces of farmland and disadvantaged in possession of other productive assets. They also demonstrated a low level of self-efficacy and a risk-averse attitude to adopting conservation technologies, as they possessed smaller sizes of farmland compared with the village and regional average. The study urges a holistic approach and comprehensive analytical framework to understand the synergy of several factors that affect the sustainable use of farmlands. / Environmental Sciences / D. Litt. et Phil. (Development Studies)

This study analyses the impact of land registration and certification scheme on sustainable use of farmlands in Debre Mawi and Densa Bahta rural kebeles of Amhara region in northwestern Ethiopia, with a view to contributing to the theoretical debate on tenure security and more realistic policy advocacy on the sustainable use of farmlands. Within the framework of qualitative research methodology, the case study approach helps to observe and understand the relationship between land titling and sustainable use of farmlands in Densa Bahta and Debre Mawi kebeles of the Amhara region in Ethiopia. Specific methods employed were focus group discussions, in-depth interviews and observation, complemented by context analyses of relevant documents. It was found that land titling has contributed to a high perception of security of land tenure among study respondents. However, results show that land titling has both positive and negative impacts on sustainable use of farmlands. The positive impact of land titling is ascribed to its assurance effect and legal obligation imposed on farmers to adopt proper land management practices. The negative impact of land titling arises from its failure to address the existing inequality in possession of farmlands among the village communities. Failure of farmers’ high perceptions of their security of land tenure to translate into sustainable land use practices has implications for the relative importance of productive asset endowments, self-efficacy and risk perception on the sustainable use of farmlands in the Amhara region. Interviewees that follow unsustainable farming practices were endowed with relatively lower pieces of farmland and disadvantaged in possession of other productive assets. They also demonstrated a low level of self-efficacy and a risk-averse attitude to adopting conservation technologies, as they possessed smaller sizes of farmland compared with the village and regional average. The study urges a holistic approach and comprehensive analytical framework to understand the synergy of several factors that affect the sustainable use of farmlands. / Environmental Sciences / D. Litt. et Phil. (Development Studies)

The purpose of the Restitution of Land Rights Act 22 of 1994 is to provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices. The restitution of a right in land can include the restoration of a right in land. The aim of this dissertation is to investigate the requirement of feasibility in restoring land rights and in particular the role of feasibility studies and the courts’ interpretation of the feasibility requirement in restoring such rights. The methodology used includes a review of literature, legislation and policies on land restitution and an analysis of case law. The outcome of the research indicates that while actual restoration ought to take preference in all instances, it may only be granted once all the relevant circumstances and factors have been considered. In certain circumstances it may not be feasible to restore land rights. / Private Law / LL. M. (Property Law)