Untitled : securing land tenure in urban and rural South Africa / edited by Donna Hornby [and others].

Pietermaritzburg, South Africa : University of KwaZulu-Natal Press, 2017
xvii, 443 pages : maps, 23 cm

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Customary law -- South Africa.
Land tenure -- South Africa.
Land reform -- South Africa.
Customary law.
Land reform.
Land tenure.
South Africa.
“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.
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.
Includes bibliographical references and index.
Hornby, Donna.