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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.
Security of land tenure for the urban poor is now a major problem for developing cities in Africa, Asia and Latin America. This book presents and analyzes the main conclusions of a comparative research programme on land tenure issues. It looks at how solutions can be found and implemented to respond to the demands and needs of the majority of squatters and informal settlements, and analyzes how urban stakeholders, with different social, legal and economic constraintes, find innovative and flexible solutions. The book is intended to fill a gap in the literature on comparative research on tenure policies and should be useful to reserachers and professionals involved in defining and instigating tenure upgrading policies and programmes.
Trading Places is about urban land markets in African cities. It explores how local practice, land governance and markets interact to shape the ways that people at society's margins access land to build their livelihoods. The authors argue that the problem is not with markets per se, but in the unequal ways in which market access is structured. They make the case for more equal access to urban land markets, not only for ethical reasons, but because it makes economic sense for growing cities and towns. If we are to have any chance of understanding and intervening in predominantly poor and very unequal African cities, we need to see land and markets differently. New migrants to the city and communities living in slums are as much a part of the real estate market as anyone else; they're just not registered or officially recognised. This book highlights the land practices of those living on the city's margins, and explores the nature and character of their participation in the urban land market. It details how the urban poor access, hold and trade land in the city, and how local practices shape the city, and reconfigures how we understand land markets in rapidly urbanising contexts. Rather than developing new policies which aim to supply land and housing formally but with little effect on the scale of the need, it advocates an alternative approach which recognises the local practices that already exist in land access and management. In this way, the agency of the poor is strengthened, and households and communities are better able to integrate into urban economies.
Security of land tenure for the urban poor is now a major problem for developing cities in Africa, Asia and Latin America. This book presents and analyzes the main conclusions of a comparative research programme on land tenure issues. It looks at how solutions can be found and implemented to respond to the demands and needs of the majority of squatters and informal settlements, and analyzes how urban stakeholders, with different social, legal and economic constraintes, find innovative and flexible solutions. The book is intended to fill a gap in the literature on comparative research on tenure policies and should be useful to reserachers and professionals involved in defining and instigating tenure upgrading policies and programmes.
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