TENURE SECURITY PROJECT CYCLE
Tenure security can be obtained through individual title or communal title to land. Communal title can be in the form of a Trust, a Communal Property Association (CPA), a Tribe or any other legal entity. The decision as to which route should be followed remains with the beneficiaries.
The project cycle to follow can with minor adaptions be applied to most Tenure Security projects.
1. CONCEPT PHASE
During this phase a project charter which outlines the purpose and expected achievements of the project is prepared. A feasibility study is conducted, this study stipulates the requirements, boundaries and expected outcomes of the project. The stakeholders are identified and a cost and benefit analysis is performed.
All negotiations to commission the project takes place during this phase.
2. DEVELOPMENT PHASE
As part of the formalisation process, pre-planning studies need to be undertaken in respect of the project area.
These studies entail:
- photographical aerial mapping;
- geological surveys;
- engineering services report;
- environmental impact assessment; and
- research, searching and obtaining of relevant data and information in connecting with rights, titles, maps and related legal and registration documents.
3. IMPLEMENTATION PHASE
3.1 Planning of Project Area
The main purpose of planning is to foster positive human development and to improve the quality of life of all people. Particular attention should be paid to achieving social justice by assisting the poorest members of society to meet their needs and requirements.
Land development processes may relate to new development or to the upgrading of existing settlements, either formal or informal, and both require equal consideration.
3.1.1 TOWN-PLANNING ACTIVITIES
3.2 Surveying of Project Area
- Planning and design
- Township establishment
Before any project is undertaken there has to be a large-scale map of the intended project area. An aerial photogrammetrical survey offers the best method of providing these maps.
As there is no substitute for actually walking over the ground, site evaluation is part and parcel of the service of the land surveyor. In the normal course of the survey the land surveyor will also directly intermix with the community and will be thoroughly conversant with the needs of the community.
Beaconing of the layout is undertaken, attempting to adhere to the planned layout and making on-site alterations where necessary. After the last beacon of the township has been placed, the land surveyor completes his task by preparing a general plan of the development.
The general plan shows each erf and open space in the township with a unique erf number, its area and dimensions, as well as other details such as the road geometric's and co-ordinates of the block corners, with the data of the outside figure as recorded on the small scale diagram of the farm portion.
The general plan is submitted to the Surveyor-General for examination and is approved after checks that the survey is in accordance with the regulations and all statutory consents are in order.
This document is the legal instrument to which the conveyancer will refer when any erf in the township is donated, sold, bonded or leased.
3.2.1 SURVEYING AND BEACONING ACTIVITIES
- Surveying, re-surveying, calculation and beaconing of sites.
- Updating and compilation of General Plans, sub-divisional diagrams.
- Lodging, surveying and approval of General Plan.
3.3 Land Rights Enquiry and (if applicable) Transfer of Sites
The transfer of land can take place to individual beneficiaries or legal entities (communal title).
Relevant data regarding the occupant of each stand is collected. Occupants will be requested to visit the Local Registry in order to have the necessary documents made and certified. Where there is no dispute as to the ownership of the property, the tenant/group will timely receive a title deed.
The collected data is be verified against existing informal records. The verification process is not simply the formalisation of existing rights, but effect is given to the evolution of ownership guidelines developed during consultation with the community. In other words attention is given to issues such as inheritance, informal sales and also to the rights of women.
Other parties, in addition to those living on the property or contained in the informal records, may have some claim to the property. The application of the evolution of ownership guidelines might easily impinge on a person's vested rights. Such parties will consequently be given the opportunity to make their objections or submit competing claims.
The deeds are prepared using the database and lodged in the Deeds Office in Pretoria.
Title deeds are issued to the beneficiaries or the legal entity.
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