Week 11 Flashcards
(20 cards)
What is land?
Earths surface, subsurface and space above the surface. (Any structures above or below)
How does reality differ?
No exclusive rights. Societal needs override individual needs. Responsibilities with the rights. Based on custom, law and servitudes.
What owns and allocates access to mineral rights, petroleum and petroleum gas rights, water rights, land between the high water mark and low water mark and airspace?
South African State.
Can the state use your land for water lines, sewer lines, build roads/railways.
The state can, yes. They have to compensate you and abide by the law in regard to that.
What is a municipal zone?
Areas used specifically for one purpose. For example you can’t build a factory in a residential zone.
Why is land important?
The basis of wealth creation. Owning land means you can use it to get an income.
What 3 groups can own land?
State, private individuals (also joint ownership) and organisations.
What is a cadastral system.
The definition of land and ownership.
Places to find information about land management: Surveyor-Generals office, deeds office and local authorities.
:-)
What is the purpose of this cadastre system?
Financial (value and taxes), legal (rights and registrations) and management of land use.
What do you need info about before buying land?
Who is interested in the land. The interests (rights and restrictions). The parcel (location, size, value).
How is land registered? Explain both we use in SA.
Deed of transfer - States who the new owner is. (In deeds office). For urban and farms.
Title - Used for sectional titles (A flat/apartment).
How do we prove our ownership of land? Security of land tenure?
1: Land component. (Surveying, beacons, diagrams). Only a land surveyor can do this! (Just one professional)
2: Owner component. Description of who is transferred the land. (In a deed of transfer, reference to diagram) Erf number an area. Only a conveyancer can do this! (Just one professional)
What are the documents involved?
Title deed/Deed of transfer. (Deed no. and name of seller & buyer, erf no. and area, price, date of registration, diagram, general plan, sectional plane)
What is the call multiple erfs?
Erven.
How many erfs do you need to be able to draw up a general plan and not a diagram?
10 erfs.
Can directions be negative?
No.
What are the types of land rights?
Ownership, servitude, lease, usufruct (only to individuals).
Give an example of servitude?
A further back plot needs access to a road and so get a servitude right to travel (walk/drive) through a portion of the land.
The players involved?
The owner, the purchaser, the state, land surveyors, conveyancing attorneys.
