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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law

Untitled - Securing Land Tenure In Urban And Rural South Africa (Paperback): Donna Hornby, Rosalie Kingwill, Lauren Royston,... Untitled - Securing Land Tenure In Urban And Rural South Africa (Paperback)
Donna Hornby, Rosalie Kingwill, Lauren Royston, Ben Cousins 3
R295 R231 Discovery Miles 2 310 Save R64 (22%) Ships in 5 - 10 working days

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.

Deceased Estates (Paperback, 12th Edition): Deceased Estates (Paperback, 12th Edition)
R763 R645 Discovery Miles 6 450 Save R118 (15%) In Stock
Constitutional Property Law (Paperback, 3rd edition): A.J. Van Der Walt Constitutional Property Law (Paperback, 3rd edition)
A.J. Van Der Walt
R1,277 R1,082 Discovery Miles 10 820 Save R195 (15%) Ships in 4 - 8 working days

Part of the Juta’s Property Law Library series, this new edition offers a comprehensive and authoritative discussion of all aspects of property law in South Africa.

The 3rd edition reflects recent developments in case law and literature, and expands extensively on the new comparative sections which include asset forfeiture, constructive expropriation and the public-purpose requirement for expropriation.

The author has won international acclaim for his work in the field.

Land In South Africa - Contested Meanings And Nation Formation (Paperback): Khwezi Mabasa, Bulelwa Mabasa Land In South Africa - Contested Meanings And Nation Formation (Paperback)
Khwezi Mabasa, Bulelwa Mabasa
R1,907 Discovery Miles 19 070 Ships in 10 - 15 working days

Land In South Africa examines how land and agrarian reform impacts nation building, citizenship, and identity formation. The publication draws attention to the limitations of reducing land to a commodity, and how this approach perpetuates social conflict and inequality in land reform policy implementation.

The book posits an alternative policy paradigm, which discusses contested meanings of land and their relation to nation formation. It brings to the fore citizen stakeholder perspectives from former labour tenants, citizens residing in communally owned land, women subsistence farmers, peasant movements and land reform civil society groups.

The chapters investigate the diverse and contested meanings of land to elevate how South Africans perceive land justice and reform, while also including several international case studies. The publication argues that land power relations and policy debates are constitutive components of nation building. And, importantly, that land shapes essential pillars in nation formation such as citizenship, political identity, heritage, a sense of belonging and social disparities.

The law of neighbours (Paperback): A.J. Van Der Walt The law of neighbours (Paperback)
A.J. Van Der Walt 2
R854 Discovery Miles 8 540 In Stock
Property in minerals and petroleum (Paperback): E. van der Schyff Property in minerals and petroleum (Paperback)
E. van der Schyff
R1,450 R1,220 Discovery Miles 12 200 Save R230 (16%) Ships in 4 - 8 working days

Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms `mineral' and `petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.

The Rental Housing Act: Amendments, Annotations and Commentary (Paperback): Philip Stoop The Rental Housing Act: Amendments, Annotations and Commentary (Paperback)
Philip Stoop
R187 R165 Discovery Miles 1 650 Save R22 (12%) Ships in 4 - 8 working days

The Rental Housing Act 50 of 1999 has been amended substantively by the Rental Housing Amendment Act 35 of 2014. The Amendment Act, which has yet to commence, creates mechanisms to ensure the proper functioning of the South African rental housing market, lays down general principles for governing conflict resolution in the rental housing market, facilitates sound relations between tenants and landlords and lays down general requirements relating to leases. The Rental Housing Act: Amendments, annotations and commentary provides an easy to- follow system to clearly identify changes to the Rental Housing Act by the forthcoming amendments and includes commentary to help the reader understand the amendments and their context and interplay with other provisions of the Act. All amendments are colour-coded, making them easy and quick to identify. This work is the go-to guide on the amended Rental Housing Act and indispensable to any participants in the South African rental housing market, such as landlords, tenants, estate agents, legal practitioners, members of the Rental Housing Tribunal and anyone who seeks to keep abreast of the latest changes to South African rental legislation.

The Law Of Landlord And Tenant (Paperback): Sue-Mari Viljoen The Law Of Landlord And Tenant (Paperback)
Sue-Mari Viljoen
R1,149 R980 Discovery Miles 9 800 Save R169 (15%) Ships in 4 - 8 working days

The Law of Landlord and Tenant revisits the law of landlord and tenant in light of the constitutional context to determine how this area of law has developed, especially since the pre-1994 era, to further constitutional goals.

The purpose of the volume is to place legislation, case law, academic analysis and policy considerations in the context of the constitutional framework within which private law rights are acquired, exercised and transferred or lost, but also add to existing academic commentary some sections of foreign law where the comparison might provide insight to the South African landlord-tenant context.

The law of servitudes (Paperback): A.J. Van Der Walt The law of servitudes (Paperback)
A.J. Van Der Walt
R1,236 R1,049 Discovery Miles 10 490 Save R187 (15%) Ships in 4 - 8 working days

The last monograph to be dedicated exclusively to the law of servitudes in South African law was the 1973 edition of Hall & Kellaway: Servitudes. Since then, interesting regulatory and constitutional issues have arisen in servitude disputes. The Law of Servitudes covers the traditional areas of the law relating to servitudes, such as the nature and characteristics of servitudes, the acquisition of servitudes, the relationship between the servitude holder and the landowner (including remedies available to either party), the termination of servitudes, and includes separate chapters on praedial servitudes, personal servitudes, and statutory and public servitudes. The Law of Servitudes seeks to establish the current state of the law, seen in the context of its historical development in South Africa, as well as to consider the current position with reference to the effect of the Constitution on the development of private law.

Provincial And Local Government Reform In Zimbabwe - An Analysis Of The Law, Policy And Practice (Paperback): Tinashe C.... Provincial And Local Government Reform In Zimbabwe - An Analysis Of The Law, Policy And Practice (Paperback)
Tinashe C. Chigwata
R1,058 R907 Discovery Miles 9 070 Save R151 (14%) Ships in 4 - 8 working days

Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.

Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.

The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.

This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.

Nolo's Essential Guide to Buying Your First Home (Paperback, 8th ed.): Ilona Bray, Ann O'Connell Nolo's Essential Guide to Buying Your First Home (Paperback, 8th ed.)
Ilona Bray, Ann O'Connell
R737 R619 Discovery Miles 6 190 Save R118 (16%) Ships in 10 - 15 working days
Land reform (Paperback): J.M. Pienaar Land reform (Paperback)
J.M. Pienaar
R1,439 R1,212 Discovery Miles 12 120 Save R227 (16%) Ships in 4 - 8 working days

Part of the Juta's Property Law Library series, Land Reform covers all legal developments spanning the first phase or exploratory land reform programme that was embarked upon in 1991, followed by the all-encompassing land reform programme that coincided with the constitutional dispensation, until July 2013. Land reform is approached with reference to its various contexts, drawing the broad categories of state land and private land that are further subdivided into urban and rural contexts, where relevant. All relevant legislative measures and policy documents are set out and major court decisions are analysed accordingly.

EGLR 2010 SET (Hardcover): Hazel Marshall EGLR 2010 SET (Hardcover)
Hazel Marshall
R8,803 Discovery Miles 88 030 Ships in 12 - 17 working days

The Estates Gazette Law Reports are an indispensable reference for property law practitioners (over 15,000 in the UK) researching and advising on all aspects of: landlord & tenant, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement & compensation.

They comprise the law reports published in Estates Gazette plus new and original cases published for the first time in EGLR. Each volume includes the most significant property cases determined in any given year and is published in three hardback volumes with corresponding head note.

Cases are selected by HH Judge Hazel Marshall QC, Senior Chancery Judge at the Central London County Court.

These reports are available by annual subscription or by volume.

Cases selected by a top Chancery Judge
Provides detailed and clearly written head notes
References all cases in a subject matter index
Offers cases additional to those published in EG

EGLR 2005 (Paperback): Various EGLR 2005 (Paperback)
Various
R11,091 Discovery Miles 110 910 Ships in 12 - 17 working days

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

Property law under scrutiny: Contemporary studies in law and applied research series (Paperback): S. Scott, J. van Wyk Property law under scrutiny: Contemporary studies in law and applied research series (Paperback)
S. Scott, J. van Wyk
R716 R631 Discovery Miles 6 310 Save R85 (12%) Ships in 4 - 8 working days

South Africa's property law teachers have been convening annually since 1985 to exchange ideas, subject their work to peer scrutiny and build a collegial network. Over time, the agendas of the annual meetings became snapshots of the development of a discipline. In celebration of the 25th anniversary of this meeting, the property law teachers' colloquium was expanded into an International property law conference, giving South African property law teachers an opportunity to exchange their ideas on a much broader platform, with some of the world's best property law scholars and teachers. Property law under scrutiny brings together pieces that give an overview of property law twenty-five years after the establishment of the South African property law teachers' colloquium. A recurrent theme in all the contributions at the conference, and the ones included in this publication, is the tension between well-established principles of property law and the policies that drive legal development in the field. The topics addressed are organised into four themes, as follows: The first cluster relates to an age-old issue in conventional property law: The accession of movables to immovables; The second cluster concerns the centrality of the real agreement in transfers and in the real security context; A third cluster deals with questions about the public law aspects of property; The fourth cluster captures some of the dilemmas and challenges concerning the abandonment and neglect of property. It ties together the underlying concerns aired in debates about the conventional property rules and issues surfacing in the crossover between private and public law, and the role of property law principles. In capturing the interaction between South African and international scholarship, Property law under scrutiny serves to introduce a new era in this developing discipline. Teachers and practitioners of property law, locally and internationally, will find this to be an invaluable resource.

EGLR 2003 4 Vols (Hardcover): Barry Denyer-Green, Navjit Ubhi EGLR 2003 4 Vols (Hardcover)
Barry Denyer-Green, Navjit Ubhi
R13,469 Discovery Miles 134 690 Ships in 12 - 17 working days

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

EGLR 2002 (Hardcover): Barry Denyer-Green EGLR 2002 (Hardcover)
Barry Denyer-Green
R8,193 Discovery Miles 81 930 Ships in 12 - 17 working days

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Property remedies (Paperback): Z.T. Boggenpoel Property remedies (Paperback)
Z.T. Boggenpoel
R830 R724 Discovery Miles 7 240 Save R106 (13%) Ships in 4 - 8 working days

The new constitutional order has brought about substantial changes to the application of property remedies in South African law. Property Remedies investigates the ways in which various property remedies have been developed by the courts. The book shows that the transformation of remedial possibilities needs to be informed by different contexts. The book argues that it is important to consider this jurisprudential challenge in developing property remedies that are suited to a new constitutional order based on a single system of law. Property Remedies covers the traditional common-law remedies used to protect property interests, such as the rei vindicatio, the actio negatoria, the mandament van spolie, the possessory action, the actio legis aquiliae, compensation for improvements, the prohibitory interdict and the declaratory order. The book also discusses constitutionally inspired property remedies such as compensation for expropriation, constitutional damages and non-expropriatory compensation for lawful state action. The book offers guidance on how to deal with the tension between preserving the existing common-law remedies, accommodating new statutory interventions and developing the current system of property remedies in line with the Constitution.

Planning law in Namibia (Paperback): F. Goagoses-Owoses Planning law in Namibia (Paperback)
F. Goagoses-Owoses
R957 R826 Discovery Miles 8 260 Save R131 (14%) Ships in 4 - 8 working days
Ways out of the European Housing Crisis - Tenure Innovation and Diversification in Comparative Perspective (Hardcover):... Ways out of the European Housing Crisis - Tenure Innovation and Diversification in Comparative Perspective (Hardcover)
Christoph U Schmid
R4,070 Discovery Miles 40 700 Ships in 12 - 17 working days

This timely book provides readers with a detailed comparative survey of tenure innovation and diversification in Europe. Alternative and intermediate tenures, i.e., housing options beyond tenancy and homeownership, are examined as remedies to address the growing European housing crisis. Starting with an introduction to national housing systems and their development, contributions from experienced legal academics explain the potential of alternative and intermediate tenures used in individual countries. Divided into groups reflecting not only geographical vicinity, but also roughly similar types of welfare states, the book examines 14 jurisdictions all over Europe. Taken together, the national models constitute what can be labelled a European acquis of housing options. The final comparative evaluation focuses on selecting best practice models, potentially capable of being transferred to, and used beneficially in, other countries. Addressing the European Housing Crisis will be of great interest for academics in European law, property law and public administration and management. It will also be a key resource for policy makers and experts associated with political institutions, civil society and housing associations, both at European and national levels.

Understanding Land Tenure Law - Commentary & Legislation (Paperback): A. Mahomed Understanding Land Tenure Law - Commentary & Legislation (Paperback)
A. Mahomed
R284 R250 Discovery Miles 2 500 Save R34 (12%) Ships in 4 - 8 working days

Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the three key pieces of legislation: the Land Reform (Labour Tenants) Act, the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from Unlawful Occupation of Land Act.

The text explains key definitions in the law and provides useful, practical guidelines on land rights disputes. Understanding Land Tenure Law also sets out the nature and scope of legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.

This book was developed by Cheadle, Thomson and Haysom Inc under the auspices of the Department of Land Affairs' Legal Services Project of the Land Rights Management Facility.

Land law and governance - African perspectives on land tenure and title (Paperback): H. Mostert, L. Verstappen, J. Zevenbergen,... Land law and governance - African perspectives on land tenure and title (Paperback)
H. Mostert, L. Verstappen, J. Zevenbergen, L. van Schalkwyk
R679 R598 Discovery Miles 5 980 Save R81 (12%) Ships in 4 - 8 working days

Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.

The Landlord's Friend (Paperback): Paul Shamplina & Kate Faulkner The Landlord's Friend (Paperback)
Paul Shamplina & Kate Faulkner
R347 Discovery Miles 3 470 Ships in 12 - 17 working days

Paul Shamplina is a landlord and eviction specialist and is featured on Channel 5's 'Bad Tenants, Rogue Landlords', he's been helping landlords for over 25 years and is the Founder of Landlord Action. Kate Faulkner has written a number of property books for Which?, is considered one of the UK's leading Buy to Let experts and appears regularly in the media talking about the property market and key issues affecting investors. With this book, they have pooled their extensive experience to help property investors successfully navigate the business of buy to let, from those just considering making an investment through to experienced landlords. The book is divided into 3 sections: 1. Buy to let: 2. Letting: 3. Running your portfolio:

Government Pirates - The Assault on Private Property Rights--And How We Can Fight It (Paperback): Don Corace Government Pirates - The Assault on Private Property Rights--And How We Can Fight It (Paperback)
Don Corace
R420 R348 Discovery Miles 3 480 Save R72 (17%) Ships in 10 - 15 working days

After years of hard work and saving, you finally own a home. But don't get too comfortable. If government officials decide they want your property, they can take it--for a wide variety of shady reasons that go far beyond the usual definition of "public purposes." The courts have allowed these injustices to persist. And there is nothing you can do about it--not yet.

Real estate developer and property rights expert Don Corace offers the first in-depth look at eminent domain abuse and other government regulations that are strangling the rights of property owners across America. "Government Pirates" is filled with shocking stories of corrupt politicians, activist judges, entrenched bureaucrats, greedy developers, NIMBY (Not-in-My-Backyard) activists, and environmental extremists who conspire to seize property and extort money and land in return for permits. Corace provides the hard facts about individual rights and offers invaluable advice for those whose property may be in danger. It is the one book that every property owner in America has to read.

Property Law (Hardcover): Gregory S. Alexander Property Law (Hardcover)
Gregory S. Alexander
R20,978 Discovery Miles 209 780 Ships in 12 - 17 working days

This important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.

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