What Is The Land Claims Process In South Africa?
South Africa’s current land ownership situation has led to a range of negative consequences from poverty, low agricultural output and declining food security. The only way to recover from this issue is through the recovery of ancestral land.
The land claims process is a legal way to recover your ancestral land in South Africa. It is important for the parties involved to understand the steps involved and how long it will take before embarking on this journey. Consulting and acquiring legal assistance during this process is of utmost importance and most beneficial for the parties involved in this claiming process.
What Are Land Claims?
A land claim is a legal process that allows you to claim ownership of a piece of land. Land restitution claims, which are different from land claims, may also be made by people who were previously dispossessed or excluded from owning and occupying property in South Africa because of their race or gender. The two processes are similar but distinct; this article will focus on the former.
The benefits of making a land claim include the right to own property, access to land and use of the land. Your child will also have the right to sell their portion at any time and pass on their share through inheritance too.
How Do You Make A Land Claim?
To get started with your land claim, you will need to know what your rights are and where the land is located.
The first step in the process is for you to identify and register as many people who have a right to the land as possible. You can do this by consulting archives or other records that might be useful in identifying who has an interest in the land. You should also consider consulting with any other interested parties such as local authorities, traditional leaders and so forth.
A good thing to remember when making a Land Claim Application (LCA) is that there are certain requirements which must be met before they can proceed with their application:
- The claim must relate solely and exclusively to communal lands; or
- The claim relates solely or primarily but not exclusively and irrevocably owned by one or more individuals without being encumbered by any third party interest;
- Ownership of all parts of a farm must be transferred into private hands if ownership of each part cannot be transferred separately;
- If a piece of land contains both communal use rights and private property rights, then those portions owned privately may remain subject only to such terms contained within its deeds relating thereto;
How Long Does It Take To Get A Land Claim?
The claims process is a lengthy process that can take up to 10 years. In addition to the many complex formalities and documentation required, submitting an application for land restitution can be costly. It is not guaranteed that the land claim will succeed, especially if it’s based on historical discrimination or unfair distribution of resources, as this would mean changing existing legislation.
The process starts with a claimant contacting the Department of Rural Development and Land Reform with an intention to make a claim based on dispossession by one or more means including: i conquest; ii cession under treaty or agreement; iii occupation by white settlers; iv purchase from indigenous people after 1913; v any other means resulting in dispossession such as forced removal (“land will be taken away without compensation”), occupation without title deed etcetera.
Book A Consult With Specialist Land Claims Lawyers In South Africa Today.
The land claims process in South Africa is a complicated one. It involves several different stakeholders, each with their own interests and demands. Consult with PM Attorneys’ specialist land claims lawyers who will be able to streamline this process for you ensuring that a claimant gets what they deserve without having to go through too much red tape.