Inaugural-dissertation--Rostock. / "Literaturverzeichnis": p. 5-6.

Inaugural-dissertation--Rostock. / "Literaturverzeichnis": p. 5-6.

Thesis (M.Env.Dev.) - University of KwaZulu-Natal, Pietermaritzburg, 2010. / Full text also available online. Scroll down for electronic link.

This thesis examines the doctrine of positive prescription of landownership in Scots law, with particular reference to the written deed that is required in order to commence the prescriptive period. The first part of the thesis sets out the historical context in which this doctrine has developed. Due to the civilian foundations of Scots law, the thesis begins with a brief examination of the Roman law of acquisitive prescription. This examination is both historical and comparative as it emphasises the unusual nature of the Scots law doctrine of positive prescription in comparison to Roman and later civilian formulations of acquisitive prescription. The fact that the Scots law of positive prescription has an apparent antipathy to good faith is also analysed in this context. The Roman law examination is then followed by a description of the development of the Early Scots law of acquisitive prescription. This again demonstrates the difference of Scots law from both civilian acquisitive prescription and common law adverse possession. The Early Scots law material is also significant in illuminating the context in which the Scots law doctrine of positive prescription emerged. The existence of limitation based on possession alone is a feature of Early Scots law which is highlighted in this section. The second, and more extensive, part of the thesis focuses on doctrinal analysis of the written deed that is required in order to commence positive prescription in Scots law. This is in turn divided between an examination of the requirement of ex facie validity of the foundation writ and an examination of the requirement that the foundation writ must be habile to include the area in respect of which positive prescription is sought. The thesis demonstrates that the development of the doctrinal formulations of these concepts has not been free from some degree of confusion. However, it is shown that, in the case of ex facie validity, there is a solid principle of interpretation, grounded in consistent authority, which has only fallen from view in recent times. In the case of hability, the underlying principles are not so easily discerned. Nevertheless, it appears that particular principles may be present in respect of the interpretation of hability. The thesis concludes with a discussion of the current and future state of the law of positive prescription of landownership, with particular reference to the impact of land registration.

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)

Improvements in technology and the Internet have seen a rapid rise in the use of technology in various sectors such as medicine, the courts and banking. The conveyancing sector is also experiencing a similar revolution, with technology touted as able to improve the effectiveness of the land registration process. In some jurisdictions, such as New Zealand and Canada, the paper-based land registration system has been replaced with one in which creation, preparation, and lodgement of land title instruments are managed in a wholly electronic environment. In Australia, proposals for an electronic registration system are under way. The research question addressed by this thesis is what would be the impact on fraud of automating the registration process. This is pertinent because of the adverse impact of fraud on the underlying principles of the Torrens system, particularly security of title. This thesis first charts the importance of security of title, examining how security of title is achieved within the Torrens system and the effects that fraud has on this. Case examples are used to analyse perpetration of fraud under the paper registration system. Analysis of functional electronic registration systems in comparison with the paper-based registration system is then undertaken to reveal what changes might be made to conveyancing practices were an electronic registration system implemented. Whether, and if so, how, these changes might impact upon paper based frauds and whether they might open up new opportunities for fraud in an electronic registration system forms the next step in the analysis. The final step is to use these findings to propose measures that might be used to minimise fraud opportunities in an electronic registration system, so that as far as possible the Torrens system might be kept free from fraud, and the philosophical objectives of the system, as initially envisaged by Sir Robert Torrens, might be met.

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)

Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitably, there are gaps in the sources and some way of addressing these has to be determined before a systematic account of the law is possible. Juristic writing and modern caselaw demonstrate consistent recourse to the laws of other jurisdictions when gaps are encountered. Norman law, modern French law, and English law (to a much lesser extent and mainly where it conforms to Roman law) are used in the cases on property law, and thus also in this thesis. Reference is also made to the law of Guernsey (Jersey’s sister jurisdiction) but the difficulties encountered in researching Jersey law are no less evident there. In areas such as the law of servitudes, Roman law is often referred to explicitly by the Jersey jurists and by the commentators on Norman law. The influence of Roman law is also evident in the division between real rights and personal rights, sometimes barely visible in Jersey law, and is also a general backdrop to the rules on classification of things. Norman feudal law remains vestigially in place but the structure of the law and its individual rules bear many civilian characteristics. For this reason, in addition to Jersey sources, Norman law, modern French law, and any other materials used by the courts, other jurisdictions with civilian systems of property law are also referred to, specifically mixed jurisdictions, of which Jersey is one.

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.