Southern African Development Community Land Issues

Southern African Development Community Land Issues

Author: Ben Chigara

Publisher: Routledge

Published: 2013-03

Total Pages: 283

ISBN-13: 1136656189

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This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.


Land Law and Urban Policy in Context

Land Law and Urban Policy in Context

Author: Thanos Zartaloudis

Publisher: Taylor & Francis

Published: 2016-10-14

Total Pages: 262

ISBN-13: 1315461803

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This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan’s contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan’s contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan’s ideas and work, or who have yet to do so.


Cadastre: Principles and Practice

Cadastre: Principles and Practice

Author: Roger Fisher & Jennifer Whittal

Publisher: authors with the assistance of SAGI (https://www.sagi.co.za/product/cadastre-principles-and-practice/)

Published: 2020-02-25

Total Pages: 863

ISBN-13: 0620828781

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Keywords: history, surveying, land tenure, land rights, cadastre, cadastral, professionalism, law, land administration, land policy, land boundaries, river, bank, high water mark, high-water mark, estuary, ICMA, mineral rights, international law, maritime zone, marine spatial planning, diagram, general plan, lease, sectional title, case law Explaining the principles of cadastral law and interpretation in practice, this is the first publication of its kind in over 45 years. It as a comprehensive text for aspiring and practicing professional land surveyors, those in the real property business, and those involved in land administration. Written for the South African practice environment, it will also be of interest to an international audience. The authors’ approach is progressive with the intent to inspire development to meet the needs of our society for secure land tenure for all. A broad range of topics are included: historical roots of tenure in the ancient world, the early development of the cadastre in South Africa, and development of the land surveying profession and professionalism. This provides context to the discussion on land law, tenure and rights; on legal institutions, on land administration, as well as government policies and reform imperatives. Defining property boundaries of rights in space is a particular challenge of the cadastral land surveyor. The chapters on the definition of beacons and boundaries cover a broad range of onshore and offshore application environments. They span the extent of ownership and limited real rights within the sovereign area of the Republic of South Africa. These environments include the air, the land surface and subterrestrial; coastal waters, and the sea bed. Particular attention is paid to complex river and coastal property boundaries. Case law is a key driver for changes in legislation and is also highly directive in terms of practice. The final chapter of the book is dedicated to a themed exploration of case law relating to beacons, boundaries, evidence, rights and restrictions. Cadastre: Principles and Practice will be an important addition to your professional bookshelf. Order it here: https://www.sagi.co.za/product/cadastre-principles-and-practice/


Beyond Proprietorship

Beyond Proprietorship

Author: Billy B. Mukamuri

Publisher: IDRC

Published: 2008-12-31

Total Pages: 212

ISBN-13: 1779220723

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Discusses strategies of conservation of natural resources, particularly wildlife. Focuses on the participation of marginalised people living in poor and remote regions of Zimbabwe. Includes discussions about the policy implications of regional tenure regimes, and the place of local resources management in global conservation politics.


Reforming Land and Resource Use in South Africa

Reforming Land and Resource Use in South Africa

Author: Paul Hebinck

Publisher: Routledge

Published: 2010-11-23

Total Pages: 516

ISBN-13: 1136886060

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This book debates the emergent proprieties of rural and peri-urban South Africa since land and agrarian reforms were initiated after the transition to democracy in 1994. It explores how these reforms have broadened options for the use of land and natural resources. Reform-minded policies in South Africa have assumed that if access to land and other natural resources is less problematic, the use of these resources would be intensified which in turn would alter the structure and dynamic of rural and urban poverty. Reforming Land and Resource Use in South Africa examines in detail, and from several disciplinary perspectives, whether and how this has occurred, and if not, why not. A key argument that this collection pursues is whether land reform has resulted in transformed use of natural (i.e. land, crops, cattle, rangeland, wild products etc.) and other strategic resources (labour, knowledge, institutions, networks etc.), and the value communities and household place on them. The contributions explore a combination of new or alternative meanings of land, including a look beyond crops and cattle per se to include the collection and selling of wild products, as well as a discussion of how land for agriculture has become redefined by land reform beneficiaries as urban land, for settlement and urban employment opportunities, in addition to urban-based agricultural activities. Unlike most analyses and commentaries on land reform, this book pursues an analysis of land reform dynamics at various levels of aggregation. National and regional level analyses of poverty and the ramifications of the property clause are combined with analyses at disaggregate levels such as the land reform project or village. The book will be of interest to both researchers and policy makers with an interest in rural development and social change.


The Future of African Customary Law

The Future of African Customary Law

Author: Jeanmarie Fenrich

Publisher: Cambridge University Press

Published: 2011-07-18

Total Pages: 563

ISBN-13: 1139497820

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This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.


Livelihoods and Landscapes

Livelihoods and Landscapes

Author: Paulus Gerardus Maria Hebinck

Publisher: BRILL

Published: 2007

Total Pages: 409

ISBN-13: 9004161694

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Focussing on the past history and present day life of the people in two villages in the central Eastern Cape, South Africa, the book provides a vivid but detailed and insightful account of the transformation of rural society and economy since colonisation.


Land, Power & Custom

Land, Power & Custom

Author: Aninka Claassens

Publisher:

Published: 2008

Total Pages: 414

ISBN-13:

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Accompanying DVD-ROM contains ... "current and historical legislation affecting communal land and affidavits by rural applicants, state officials and traditional leaders in pending litigation concerning land rights and chiefly power"--Page 4 of cover.