Academic literature on the topic 'Freehold land'
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Journal articles on the topic "Freehold land"
1
Margeot, M. Y. G. H. "Freehold land tenure: Problems and prospects." Development Southern Africa 4, no. 3 (August 1987): 531–37. http://dx.doi.org/10.1080/03768358708439340.
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2
Neilsen, Allan D., and Christopher B. Manderville. "Seismic Access Issues." Alberta Law Review 40, no. 1 (May 1, 2002): 1. http://dx.doi.org/10.29173/alr500.
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This article examines the legal relationship between an owner of petroleum and natural gas rights and other interested parties when it comes to seismic operations. While rules on access to Crown lands and freehold surface have been rather clearly delineated, the rules pertaining to seismic operations on freehold land are not as clear. Case law from the United States is helpful, though limited in scope, mostly old, and sometimes based on different ownership theories.
3
Coldham, Simon. "Land Reform and Customary Rights: The Case of Uganda." Journal of African Law 44, no. 1 (2000): 65–77. http://dx.doi.org/10.1017/s0021855300012043.
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This article examines the Ugandan Land Act, 1998, which seeks to transform land relations throughout the country both by settling once and for all the vexed question as to the relative rights of “owners” and “tenants” of mailo land, and by providing procedures whereby persons may apply either for certificates of customary ownership or for freehold titles to their land. While the Act recognizes that in some areas it may be more appropriate for land to be held communally, it is the long-term aim that most land should be held on individual freehold title. However, the negotiability of such a title is undermined by a variety of provisions designed to protect customary rights.
4
Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.
Full textAbstract:
In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.
5
Catling, PC, and RJ Burt. "Why are red foxes absent from some eucalypt forests in eastern New South Wales?" Wildlife Research 22, no. 4 (1995): 535. http://dx.doi.org/10.1071/wr9950535.
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The distribution and abundance of red foxes, other mammalian predators and their ground-dwelling mammalian prey were examined in 29 areas of two major regions of eucalypt forests in eastern New South Wales. In the southern region, red foxes and cats were abundant. Dingoes (andor wild dogs) were in low abundance or absent, spotted-tailed quolls were rare and medium-sized mammals (0.2-6 kg) scarce. In the northern region, red foxes were in low abundance and absent from some areas, such as parts of Chilelundi State Forest, where dingoes, cats, spotted-tailed quolls and medium-sized mammals were abundant. In both regions, small mammals (<200g) were widespread, but they varied greatly in abundance, and large mammals (>6kg) were widespread and generally abundant. Reasons for the absence or low abundance of red foxes in some areas were examined. Factors assessed were as follows: (i) relative abundance of other predators; (ii) abundance of mammalian prey; (iii) absence of European rabbits; (iv) habitat and its structure; (v) proximity to freehold land; and (vi) presence of roads. Distance from freehold land most adequately explained the absence of red foxes from some forests. Red foxes were present in all forests less than 2 km from freehold land and were in highest abundance in forests close (<1km) to freehold land. Severe disturbance such as clearing for grazing or agriculture appears to play some part in the distribution and abundance of the red fox and the demise of the medium-sized grounddwelling mammals.
6
Irumba, Richard. "An empirical examination of the effects of land tenure on housing values in Kampala, Uganda." International Journal of Housing Markets and Analysis 8, no. 3 (August 3, 2015): 359–74. http://dx.doi.org/10.1108/ijhma-11-2014-0044.
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Purpose – The purpose of this paper is to investigate the impact of land tenure on housing values in metropolitan Kampala. Design/methodology/approach – A hedonic model is used to test the relationship between housing prices, land tenure and housing attributes using a cross-sectional dataset of transaction prices for 590 newly built houses sold in 2011. Findings – Public leaseholds in Kampala offer a premium of 23 per cent in housing values compared to freeholds. This could be due to a lack of formal systems for the assessment of leasehold premium and ground rent charges, an arrangement which can offer utility to the lesse at the expense of lessor, thereby making leaseholds popular on the market, or the developers’ lack of information on the benefits of freehold causing them to value leaseholds higher than freeholds. Similarly, private mailo tenure offers a 12 per cent premium in housing values compared to freeholds. There is no significant impact of Kabaka’s mailo tenure on housing values. When compared to private mailo, public leaseholds offer an 11 per cent premium in housing values. Practical implications – There is a need to advance leasehold as the urban land tenure for Uganda, disentangle multiple-layers of ownership on mailo land and roll out the land fund to enhance growth of the housing market in Kampala. Originality/value – This paper is the first of its kind to empirically examine the impact of mailo land tenure on housing values. Findings provide useful insights for investors and policymakers in the housing sector in Uganda.
7
Giana, Gemala, Kurnia Warman, and Zefrizal Nurdin. "Legal Protection to the Holder of Freehold Estate Certificate for Land in Nagari Gadut of Agam Regency." International Journal of Multicultural and Multireligious Understanding 6, no. 2 (May 20, 2019): 502. http://dx.doi.org/10.18415/ijmmu.v6i2.733.
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This research affirmed that at the end of 2013, the Indonesian Air Force claimed land located in Nagari Gadut, especially in the area of Jorong PSB (Pulai Sungai Talang Bukit Lurah) and Jorong PGRM (Pandam Gadang Ranggo Malai) as land owned by Indonesian Air Force. In fact, the local community already has a freehold estate certificate for the land. The problems in this research include: (1) how is the process of freehold estate registration in Nagari Gadut of Agam Regency claimed by the Indonesian Air Force? (2) What is the status of the community land in Nagari Gadut of Agam Regency after the claim from the Indonesian Air Force? (3) What is the legal protection for the holder of freehold estate certificate for land in Nagari Gadut of Agam Regency? This research applies an empirical juridical method and is included in descriptive analytical research. The data collection was carried out through document study and interview techniques. The data processing techniques included editing and coding. Based on the research results, it is concluded that: (1) In the process of registering land in the Japanese government’s former booty area, the rights were derived through conversion. In general, the registration of land from which rights are derived through conversion is carried out through two stages, i.e. activities at the customary level and activities at the government level. (2) After the claims from Indonesian Air Force at the end of 2013, community’s land in Nagari Gadut especially Jorong PSB and Jorong PGRM was in the status quo. (3) As long as there is no inkracht decision by the court, the land remains the property of the community. In addition, if the land is required by the Indonesian Air Force for public purposes, it can be resolved through a land acquisition mechanism.
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Manatsha, Boga Thura. "Chiefs and the Politics of Land Reform in the North East District, Botswana, 2005–2008." Journal of Asian and African Studies 55, no. 1 (August 15, 2019): 111–27. http://dx.doi.org/10.1177/0021909619868738.
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The North East District has the most contentious land question in post-colonial Botswana. Most of its land was expropriated by a colonial syndicate called the Tati Concessions (Tati Company) in the 1880s. Chunks of said land are still held under freehold titles resulting in the district experiencing severe land scarcity, especially for communal use. In a continuous effort to address this problem, the government purchased 19 freehold farms between 2005 and 2008 (about 20000 hectares) for redistribution. The process was carried out under the leadership of the Tati Land Board and North East District Administration while the chiefs and their communities were marginalised. This oversight and marginalisation of traditional leaders and their communities undermine the Chieftainship Act, which mandates the chiefs to actively promote the welfare of their tribes, inform them about developments and government policies. Using the participatory democracy theory, the article examines this land reform from the point of view of the local chiefs. It concludes that the marginalisation of the chiefs amounted to ‘community exclusion’ rendering the reform anti-redistributive.
9
Price, Owen, and Bryan Baker. "Fire regimes and their correlates in the Darwin region of northern Australia." Pacific Conservation Biology 13, no. 3 (2007): 177. http://dx.doi.org/10.1071/pc070177.
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A nine year fire history for the Darwin region was created from Landsat imagery, and examined to describe the fire regime across the region. 43% of the region burned each year, and approximately one quarter of the fires occur in the late dry season, which is lower than most other studied areas. Freehold land, which covers 35% of the greater Darwin region, has 20% long-unburnt land. In contrast, most publicly owned and Aboriginal owned land has very high fire frequency (60-70% per year), and only 5% long unburnt. It seems that much of the Freehold land is managed for fire suppression, while the common land is burnt either to protect the Freehold or by pyromaniacs. Generalized Linear Modelling among a random sample of points revealed that fire frequency is higher among large blocks of savannah vegetation, and at greater distances from mangrove vegetation and roads. This suggests that various kinds of fire break can be used to manage fire in the region. The overall fire frequency in the Darwin region is probably too high and is having a negative impact on wildlife. However, the relatively low proportion of late dry season fires means the regime is probably not as bad as in some other regions. The management of fire is ad-hoc and strongly influenced by tenure. There needs to be a clear statement of regional fire targets and a strategy to achieve these. Continuation of the fire mapping is an essential component of achieving the targets.
10
CHASE, MALCOLM. "Out of Radicalism: the Mid-Victorian Freehold Land Movement." English Historical Review CVI, no. CCCCXIX (1991): 319–45. http://dx.doi.org/10.1093/ehr/cvi.ccccxix.319.
Full textDissertations / Theses on the topic "Freehold land"
1
Bell, Cedric D. "Enforcement of positive covenants in relation to freehold land." Thesis, University of Central Lancashire, 1985. http://clok.uclan.ac.uk/19741/.
Full textAbstract:
The purpose of this introduction is to provide a brief outline of the scope and the progression of the thesis. Since the latter part of the nineteenth century, it has been a well-established principle of real property law in England and Wales that the burden of a positive covenant cannot run directly with freehold land at law or in equity. The fact that a positive covenant cannot run directly with freehold land has for many years been acknowledged to be a major defect of English land law. In Chapter I, the rules which govern the enforceability of freehold covenants are examined. Further, the chapter identifies why the Judges in the nineteenth century decided not to permit the burden of a positive covenant to run with freehold land. Conveyancers use a number of techniques and devices in order to circumvent the aforementioned principle. However, none of them are foolproof. In Chapter II, a number of devices which are used by conveyancers in order to circumvent the aforementioned principle are examined and evaluated. The difficulties which can arise from the present law's failure to provide a satisfactory means whereby positive covenants may be made to run with freehold land are identified in Chapter III. Local authorities possess a number of statutory powers to impose positive covenants on freehold land and to enforce them against successive owners. In Chapter IV, consideration is afforded to some aspects of their powers in this regard. The need to reform the present law has long been recognised. However, despite the fact that several Reports have been made and one draft Bill produced reform has still not been achieved. In Chapter V, the major proposals made for reform in the 1960's and 1970's are considered. Further, reasons are advanced to explain why reform of the law of positive covenants has proved to be so difficult to secure. One of the main consequences of the present law is that the vast majority of flats in England and Wales are held on long leases. The popular preference is for freehold not leasehold ownership. Several common law countries have comprehensive "condominium" legislation making full provision for rights and obligations, etc., in regard to freehold flats. The relevant legislation of New South Wales and Trinidad and Tobago is examined in Chapters VI and VII respectively. One objective of these chapters is to demonstrate that there are viable alternatives to using leasehold schemes for blocks of flats. In 1984, the Law Commission published their Report on Positive and Restrictive Covenants. Chapter VIII deals with this Report and with a number of other relevant recent developments.
2
Hazell, Peter, and n/a. "Community title or community chaos : environmental management, community development and governance in rural residential developments established under community title." University of Canberra. Resource, Environment and Heritage Science, 2002. http://erl.canberra.edu.au./public/adt-AUC20050415.124034.
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This thesis contends that; in mainstream rural residential development around the
Australian Capital Territory, use of community title guidelines for sub-division should
consider social processes and environmental considerations along-side economic
imperatives and interactions.
Community title is a form of land tenure that allows for private freehold ownership of
land as well as community owned land within the one sub-division. In New South
Wales, community title was introduced in 1990 under the Community Land
Development Act 1989 (NSW) and the Community Land Management Act 1989
(NSW). Since the introduction of community title, upwards of one hundred and fifty
developments, ranging from just a few blocks to the size of small suburbs, have been
approved throughout the state. The original aim of community title was to provide a
legal framework that underpinned theme-based broad-acre development. Themebased
development could include a Permaculture© village, a rural retreat for likeminded
equine enthusiasts, or even a medieval village.
Community title is also seen as an expedient form of land tenure for both developers
and shire councils. Under community title, a developer only has to submit a single
development application for a multi-stage development. This can significantly reduce
a developer's exposure to risk. From a shire council's perspective, common land and
resources within a development, which would otherwise revert to council
responsibility for management, becomes the collective responsibility of all the land
owners within the development, effectively obviating council from any responsibility
for management of that land. Community title is also being touted in planning and
policy as a way of achieving 'sustainable' environmental management in new subdivisions.
The apparent expediency of community title has meant that development
under these guidelines has very quickly moved beyond theme-based development into
mainstream rural residential development.
Community title effectively provides a framework for participatory governance of
these developments. The rules governing a community title development are set out in
the management statement, which is submitted to the local council and the state
government with the development application. A community association, which
includes all lot owners, manages the development. Unless written into the original
development application, the council has no role in the management of the common
land and resources.
This thesis looks at the peri-urban zone around one of Australia's fastest growing
cities - Canberra, whose population growth and relative affluence is impacting on
rural residential activity in the shires surrounding the Australian Capital Territory.
Yarrowlumla Shire, immediately adjacent to the ACT, has experienced a 362 percent
increase in population since 1971. Much of this growth has been in the form of rural
residential or hobby farm development. Since 1990, about fifteen percent of the
development in Yarrowlumla Shire has been community title. The Yass Shire, to the
north of the ACT, has shown a forty five percent population increase since 1971.
Community title in that shire has accounted for over fifty percent of development
since 1990. The thesis case study is set in Yass Shire.
The major research question addressed in the thesis is; does community title, within
the context of rural residential development around the Australian Capital Territory,
facilitate community-based environmental management and education? Subsidiary
questions are; what are the issues in and around rural residential developments within
the context of the study, who are the stakeholders and what role do they play and;
what skills and support are required to facilitate community-based environmental
management and education within the context of the study area?
To answer the research questions I undertook an interpretive case study, using
ethnographic methods, of rural residential development near the village of
Murrumbateman in the Yass Shire, thirty kilometres north of Canberra. At the time of
the study, which was undertaken in 1996, the developments involved had been
established for about four years. The case study revealed that, as a result of
stakeholders and residents not being prepared for the management implications of
community title, un-necessary conflict was created between residents and between
residents and stakeholders. Community-based environmental management issues were
not considered until these issues of conflict were addressed and residents had spent
enough time in the estates to familiarise themselves with their environment and with
each other.
Once residents realised that decisions made by the community association could affect
them, there developed a desire to participate in the process of management.
Eventually, earlier obstacles were overcome and a sense of community began to
develop through involvement in the community association. As residents became
more involved, the benefits of having ownership of the community association began
to emerge.
However, this research found that management of a broad acre rural residential
development under community title was far more complicated than any of the
stakeholders, or any but the most legally minded residents, were prepared for.
3
Wright, G. R. "The petty bourgeoisie in colonial Canterbury : a study of the Canterbury Working Man's Political Protection and Mutual Improvement Association (1865-66), and the Canterbury Freehold Land Society (1866-70)." Thesis, University of Canterbury. Department of History, 1998. http://hdl.handle.net/10092/4308.
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This thesis argues for the existence of a distinct petty bourgeois socio-economic
class, with particular liberal values, in colonial Christchurch. It approaches this through an
examination of two related mid-Victorian Christchurch institutions, the Canterbury Working
Man's Association and the Canterbury Freehold Land Society, and of the wider activities of
their members. The first chapter looks at the issue of class definition and identity, and
perceptions of the social topography of the mid-Victorian period. The four chapters that
follow relate the characteristics of the British petty bourgeoisie to the colonial environment,
and in so doing, distinguish a colonial petty bourgeoisie that is broadly similar, but with
some significant variation. These differences centre on the ideology of liberalism, and its
idealistic precept, 'independence', The independence oriented colonial environment produced
a petty bourgeois who were assertively liberal. This shows in a heightened expectation of
government intervention in employment and land distribution, and serves to highlight
differences between the political liberalism of the petty bourgeois and that of the governing
bourgeois. The individualistic and idealistic notion of a colonial independence also meant that
the petty bourgeoisie pursued a different course of self-improvement than did their British
counterparts. Some self-help institutions important in Britain were insignificant in colonial
Christchurch. The acquisition of land became particularly pivotal, though a disjunction
between rhetoric and practice shows that this may have had a different meaning for the petty
bourgeois than it did for other classes of colonist.
4
Kingwill, Rosalie Anne. "The map is not the territory: law and custom in ‘African freehold’: a South African case study." 2013. http://hdl.handle.net/11394/3597.
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Philosophiae Doctor - PhDThe thesis examines the characteristics of land tenure among African families with freehold title who trace their relationship to the land to their forebears who first acquired title in the mid-nineteenth century. The evidence was drawn from two field sites in the Eastern Cape, Fingo Village, Grahamstown and Rabula in the Keiskammahoek district of the former Ciskei. The evidence, supported by evidence in other Anglophone countries, shows that African familial relationships reminiscent of ‘customary’ concepts of the family, were not, and are not extinguished when title is issued, though they are altered. Africans with title regard the land as family property held by unilineal descent groups, challenging the western notion of one-to-one proprietal relationships to the land and its devolution. By exploring the intersection between tenure, use and devolution of land, the main findings reveal that local conceptions of land and use diverge considerably from the formal, legal notion of title. Title holders conceive of their land as the property of all recognised members of a patrilineally defined descent group symbolised by the family name. Because freehold is so intimately linked with inheritance, the findings significantly illuminate the social field of gender and kinship. The implications of the findings are that differing concepts of the ‘family’ and ‘property’ are fundamental to the lack of ‘fit’ between the common-law concept of ownership and what I term in the thesis ‘African freehold’. The thesis dissects the implications of culturally constructed variability in familial identities for recognition and transmission of property. Title is legally regulated by Eurocentric notions of both family and property, which lead to significant divergence between western and African interpretations of ownership, transmission and spatial division of land. The deficiencies of the South African legal mindset with regard to property law are thus fundamentally affected by the deficiencies in recognising the broader field of gender and kinship relations. The findings fundamentally challenge the dualistic paradigm currently prevalent in much of South African legal thinking, since the factors that are found to affect land tenure relationships cannot be reduced to the binary distinctions that are conventionally drawn in law, such as ‘western’ vs. ‘customary’ or ‘individual’ vs. iii ‘communal’ tenure. Instead, the important sources of validation of social (importantly, familial) and property relationships are found to be common to all property relationships, but are arranged and calibrated according to different normative patterns of recognition. In the case of the subjects in the field sites, these do not fit into the main ‘categories’ of property defined in law. Neither of the main bodies of official law, the common law and customary law, adequately characterise the relationships among the African freehold title holders. The source of legitimation is, therefore, not the ‘law’ but locally understood norms and practices. The findings suggest that the practices of the freeholders, derived from constructed ideas of kinship and descent, have relevance for a wide range of diverse African land tenure arrangements and categories, and not only ‘African freehold’. The findings therefore have significant implications for law reform more broadly. The thesis suggests that law reform should move away from models that do not match reality, and in particular should heed the warnings that titling policies as presently designed are particularly poorly aligned with the realities presented in the thesis.
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Mookaneng, Badiiphadile James. "An assessment of the livestock production potential of communal vs freehold farming systems in the Ganyesa district of South Africa." Diss., 2003. http://hdl.handle.net/2263/29375.
Full textAbstract:
Six livestock owners, who are commonly used as demonstrators, participated in the study of which three were from communal areas and three from freehold farms in the Ganyesa area. The livestock production potential in communal areas was compared with that of freehold farms. Information on livestock production, veld condition, Dry matter, crude protein- content of natural grasses and extension services were determined and evaluated for each study area. The result of this study revealed that because of variation in climate, Ganyesa is classified as semi- arid and is mainly suitable for livestock production. The result further revealed that there were major constraints in livestock production in the study area and these were related to land tenure system and poor livestock production. In both communal areas and freehold farms, farmers were unable to invest in infrastructural development and this immensely affected production, and led to over-grazing. The performance of the herds (calving %) in communal areas was low (54%) as compared to that on the freehold farms (6 %). However, the results revealed that more calves that were born lived up to weaning (85% in communal areas, 90 % on freehold farms) and this compared favourably with results from other areas. Herd mortality rates for both communal (2%) and freehold farms (2%) were reported to be low. The performance of smallstock was somehow lower than expected for both communal and freehold farms. The lambing kidding percentage was low (62% and 69%, respectively) and mortality rates were somewhat high (to % and 23% respectively). This means that many lambs/kids died due to diseases and malnutrition and thus did not reach a weaning age. Forage DM production was reported to be higher on freehold farms than in communal areas, and this supported the argument that the latter areas are over-stocked. The CP¬content of forage was high for freehold farms during December - January and low during July - August. The CP -values of forage for freehold farms were higher than those for communal areas with the highest figures recorded during January. The veld condition score was reasonable on freehold farms with a high percentage of desirable grass species (28 % ) and low in communal areas (22 %) with high percentage of undesirable grass species (52 %) recorded by the latter. The results of this study revealed that all samples recorded high strontium (Sr) values, indicating likely contamination of the borehole sites. The high levels of titanium (Ti) and barium (Ba) on freehold farms may indicate a possibility of industrial pollution of boreholes. Most of the water sources sampled may also be utilised by humans for drinking, food preparation and drinking purposes with detrimental effects. In view of these constraints, some recommendations were made.Dissertation (M Inst Agrar (Animal Production))--University of Pretoria, 2005.
Animal and Wildlife Sciences
unrestricted
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Alfredo, Benjamin. "Alguns aspectos do regime juridico da posse e do direito de uso e Aproveitamento da Terra e so conflitos emergentes em Mocambique." Thesis, 2009. http://hdl.handle.net/10500/3050.
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Southern Africa is experiencing land conflicts themselves in very different ways between state and
stakeholders, within and between communities, within families, and specially within singular
persons. The conflict of interests in the right to land in southern Africa with particular reference to
Mozambique becoming a major issue and evidence conflicts at various levels of society and some
of them are quite destructive.
The present thesis seeks to address some juridical aspects on access, tenure and land use rights.
Land problems have clear roots in the dispossession of Africans under colonialism and apartheid,
and the powerful legacy this has left both in terms of outright suffering and also in the historical
memory. Land issues are probably the most contentious topic in Mozambique since the
independence in 1975. In Southern Africa and Mozambique in particular, one of the most profound
causes of such struggles has related to the tenure, the ownership and control of land. In fact the
right to land is the major issue in many societies and in Mozambique the unlimited interest in land
are quite similar, due the fact that majority of people are peasant or agriculturists.
Land is therefore a very strategic socio-economic asset, particularly in poor societies like
Mozambique where wealth and survival are measured by control of and access to land. However,
land is also a state symbol and source of political influence and power. The Law in Mozambique
retains the principle that land is the property of the state and cannot be sold or mortgaged, but it
attempts to adjust this legacy from the socialist past to the reality of a market economy. Despite
existing land law the government still not enable to control the access and right of use of land. The
situation is compounded by a weak or non functioning judiciary system.Os problemas sobre o direito de acesso, posse, propriedade, uso e aproveitamento da Terra, constituem matéria de debate actual a nível internacional, com realce para a região da Africa Austral e Moçambique em especial. É uma matéria que preocupa os governos e a população em geral, por a terra ser um bem de grande utilidade sócio-económica e política. Moçambique possui um regime jurídico sobre terra (lei nº-19/97 de 1 de Outubro, seu Regulamento e Anexo Técnico), no entanto, ela é lacunosa e carece de reforma afim de se adaptar à realidade dos problemas que se levantam no âmbito da posse, uso e aproveitamento e dos conflitos emergentes. Alguns factores do surgimento de conflitos no âmbito do processo da posse, uso e aproveitamento da terra resultam no entanto, da perda de confiança dos particulares em relação aos órgãos do aparelho do Estado que lidam com matérias sobre terras, devido a burocracia e a corrupção praticada por alguns funcionários. A terra em Moçambique é propriedade do Estado, o que implica uma maior responsabilidade por parte do governo, na sua gestão. O actual regime jurídico sobre a terra, carece de concertação de alguns aspectos fundamentais do ponto de vista legal. Trata-se da harmonização da legislação pertinente sobre terras. As leis promulgadas sobre a matéria embora defendem a necessidade de gestão da terra que beneficie os seus utilizadores, tal vontade, entretanto, não têm produzido efeitos satisfatórios. É, pois, neste contexto, que a presente tese cujo título é Alguns Aspectos do Regime Jurídico da posse e do Direito de uso e aproveitamento da terra e os conflitos emergentes em Mçambique, pretende contribuir na contínua abordagem sobre a problemática da posse da terra e dos conflitos emergentes. Bem gerida, a terra pode constituir um importante factor de paz, estabilidade sócio-política e de desenvolvimento económico.
Public Constitutional and International Law
Thesis (LL.D. )
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Tlale, Mpho Tsepiso. "Property regulation in South Africa : paving the way for regulation in Lesotho / Mpho Tsepiso Tlale." Thesis, 2014. http://hdl.handle.net/10394/15609.
Full textAbstract:
Rapid growth of cities has become a trend in most countries, this is caused by urbanisation wherein people move from the rural areas to the urban areas in search of employment. It goes without saying that such population needs housing. However, it is unusual to find land for housing in an already crowded place. Therefore, to curb this shortage in housing, countries like South Africa have resorted to adoption of fragmented property holding in and around the cities. Thus, in an attempt to curtail housing shortages in the urban area as well as land shortage, communal property schemes were adopted together with their governing legislation namely, Sectional Titles Act 95 of 1986, Share Blocks Act 59 of 1980 and Property Time-sharing Control Act 75 of 1983 to name a few.
Likewise, Maseru, the capital city of Lesotho is also experiencing rapid growth in population. Hence, with the introduction of Lesotho’s Sectional Titles Bill 2013 came a ray of hope that the land and housing shortage in Maseru would be addressed. With this in mind, this suggested that the Government of Lesotho together with all concerned stakeholders thought it necessary to address this problem through the 2013 Bill which, for the most part follows the South African Sectional Titles Act of 1986. It is for this reason that this study was embarked on to show other forms of property holding akin to sectional titles as well as their regulation, which can all be used to eliminate housing shortages in Lesotho.LLM (Estate Law), North-West University, Potchefstroom Campus, 2015
Books on the topic "Freehold land"
1
Commission, Ontario Law Reform. Report on covenants affecting freehold land. Toronto: Ontario Ministry of the Attorney General, 1989.
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2
Newsom, G. L. Preston & Newsom's restrictive covenants affecting freehold land. 8th ed. London: Sweet & Maxwell, 1991.
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3
Restrictive covenants and freehold land: A practitioner's guide. 3rd ed. Bristol: Jordans Pub., 2009.
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Francis, Andrew. Restrictive covenants and freehold land: A practitioner's guide. 2nd ed. Bristol: Jordans Pub., 2005.
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Preston, C. H. S. Preston and Newsom's restrictive covenants affecting freehold land. 8th ed. London: Sweet & Maxwell, 1991.
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Commission, Ontario Law Reform. Report on covenants affecting freehold land: Executive summary. Toronto, Ont: Ontario Ministry of the Attorney General, 1989.
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M, Aldridge Trevor, ed. Commonhold: Freehold flats and freehold ownership of other interdependent buildings : report of a working group. London: H.M.S.O., 1987.
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Bell, Cedric D. Enforcement of positive covenants in relation to freehold land. [Birmingham]: [University of Birmingham], 1985.
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Scamell, Ernest H. Land covenants: Restrictive and positive, relating to freehold land, including covenants for title. London: Butterworths, 1996.
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Land covenants: Restrictive and positive, relating to freehold land, including covenants for title. London: Butterworths, 1996.
Find full textBook chapters on the topic "Freehold land"
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Davys, Mark. "Freehold land." In Land Law, 91–95. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60928-1_6.
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Green, Kate. "Freehold Land." In Land Law, 49–52. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14435-8_4.
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Kelly, Rebecca, and Emma Hatfield. "Freehold covenants." In Land Law, 383–422. New York, NY: Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315813738-14.
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Dixon, Martin. "Freehold Covenants." In Modern Land Law, 332–64. Eleventh edition. | Abingdon, Oxon : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351237345-8.
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Dixon, Martin. "Freehold Covenants." In Modern Land Law, 338–70. 12th edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003039808-8.
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Bray, Judith. "Freehold covenants." In Unlocking Land Law, 333–64. 6th edition. | Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Unlocking the law: Routledge, 2019. http://dx.doi.org/10.4324/9780203732885-11.
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Stroud, April. "Freehold covenants." In Making Sense of Land Law, 305–48. London: Macmillan Education UK, 2008. http://dx.doi.org/10.1007/978-1-137-28810-3_14.
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Davys, Mark. "Covenants in freehold land." In Land Law, 203–25. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60928-1_12.
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Green, Kate. "Covenants in Freehold Land." In Land Law, 113–31. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14435-8_8.
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Lees, Emma. "9. Freehold Estate." In The Principles of Land Law, 272–89. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198810995.003.0009.
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This chapter explores English land law's understanding of the concept of ‘ownership’ of land as developed through the freehold estate. As the freehold is the most extensive possible right in relation to land, it is important to know what it entails. The chapter first looks at the modern understanding of what freehold owners are entitled to do in relation to their land, before considering the space encompassed within the freehold title. It also studies the rights of re-entry and reversion which form the residual entitlement of a freehold once possession has been granted to another. In unregistered land, relativity of title is used to determine the relationship between multiple freeholds. In registered land, while the principle of relativity of title is still crucially important when dealing with multiple ‘off-register’ possessors, where title is registered, the Court of Appeal has suggested that such titles rank equally until the register is changed. The chapter then assesses how freeholds are transferred, and describes the concepts of the commonhold and flying freehold. It concludes by explaining the process of termination of the freehold estate.
Conference papers on the topic "Freehold land"
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Waggitt, Peter, and Mike Fawcett. "Completion of the South Alligator Valley Remediation: Northern Territory, Australia." In ASME 2009 12th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2009. http://dx.doi.org/10.1115/icem2009-16198.
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13 uranium mines operated in the South Alligator Valley of Australia’s Northern Territory between 1953 and 1963. At the end of operations the mines, and associated infrastructure, were simply abandoned. As this activity preceded environmental legislation by about 15 years there was neither any obligation, nor attempt, at remediation. In the 1980s it was decided that the whole area should become an extension of the adjacent World Heritage, Kakadu National Park. As a result the Commonwealth Government made an inventory of the abandoned mines and associated facilities in 1986. This established the size and scope of the liability and formed the framework for a possible future remediation project. The initial program for the reduction of physical and radiological hazards at each of the identified sites was formulated in 1989 and the works took place from 1990 to 1992. But even at this time, as throughout much of the valley’s history, little attention was being paid to the long term aspirations of traditional land owners. The traditional Aboriginal owners, the Gunlom Land Trust, were granted freehold Native Title to the area in 1996. They immediately leased the land back to the Commonwealth Government so it would remain a part of Kakadu National Park, but under joint management. One condition of the lease required that all evidence of former mining activity be remediated by 2015. The consultation, and subsequent planning processes, for a final remediation program began in 1997. A plan was agreed in 2003 and, after funding was granted in 2005, works implementation commenced in 2007. An earlier paper described the planning and consultation stages, experience involving the cleaning up of remant uranium mill tailings and other mining residues; and the successful implementation of the initial remediation works. This paper deals with the final planning and design processes to complete the remediation programme, which is due to occur in 2009. The issues of final containment design and long term stewardship are addressed in the paper as well as some comments on lessons learned through the life of the project.
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Reis Santos, Mariana. "Does the implementation of special zones of social interest (ZEIS) encourages adequate housing in precarious settlement? The case of San Paolo." In 55th ISOCARP World Planning Congress, Beyond Metropolis, Jakarta-Bogor, Indonesia. ISOCARP, 2019. http://dx.doi.org/10.47472/hfqf7018.
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With the establishment of the Constitution of 1988, a new approach to urban governance emerged in Brazil. The document brought significant changes regarding the right to the city and adequate housing, in particular, for the urban poor. The recognition of these rights triggered the experimentation with inclusionary policies around the country (Rolnik and Santoro, 2013). As a result, informal settlements started to be acknowledged as part of the formal city and were included in zoning and planning laws. One of the main outcomes of these experiments was the creation of Special Zones of Social Interest (ZEIS), a land and housing policy that linked investments on infrastructure in precarious settlements to land regularisation processes. In 2001, ZEIS was incorporated into the City Statute, a document that established a range of collective rights to guide land use and development. Since then, the instrument has gained popularity in the country as a land regularisation tool. Nevertheless, a considerable share of settlements remains poorly built and addressing informality is still a challenge. Therefore, this paper evaluated the co-relation between the implementation of ZEIS, land regularisation processes and provision of basic infrastructure in precarious settlements. More specifically, it measured the quality of State interventions supported by the zoning. By focusing on quality, this article aimed to evaluate whether ZEIS has encouraged adequate housing conditions for the urban poor or reinforced precarious patterns of development. To explore this relationship, a case study was conducted on the performance of ZEIS in Favela of Sapé, a settlement in the West of São Paulo. As a methodology, case studies have become a common option for performing evaluations and analyse what a program, practice or police has achieved (Yin, 2012). Moreover, this research strategy commonly relies on various sources of field-based information (Yin, 2012). Accordingly, this paper comprised mainly primary qualitative data. It also made broad use of content and secondary analysis, with the goal of ensuring validity and reliability. The performance of ZEIS in Sapé demonstrated that since its implementation, in 2001, tenure security and physical characteristics have enhanced considerably in the area, particularly, when it comes to housing quality and provision of basic infrastructure. Nevertheless, these accomplishments are being compromised by a strong process of reoccupation which is supported by illegal organisations. In addition, there is a delay of the Municipality in meeting the demands for housing in the area because of governance issues and mismanagement of financial resources. This scenario, combined with a weak inspection body, has once again permitted the development of precarious housing and infrastructure in the area. It also has compromised the issuance of freehold land titles to the settlement’s dwellers. In other words, the site is under a vicious circle where neither the provision of housing and infrastructure is enough to meet the demand nor the land regularisation is completed because of the reoccupations. In sum, although the implementation of ZEIS seems to have a share of responsibility in Sapé’s upgrading process, the local authorities do not have the capacity of reinforcement necessary to maintain these improvements. Furthermore, it is fair to assume that the current legal framework provided by ZEIS is not adequate for the context of São Paulo and requires further adjustments. Not only because of the complex character of the city, but also because in practice, urban norms may be interpreted differently according to political and cultural conditions (Rolnik, 1997).
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Pratama Purnomo, Rico. "The Legal Certainty of The Sale And Purchase of Land that Has Not Been Title Transferred in Simpang Perak Jaya Village, Kerinci Kanan Sub-district, Siak Regency, Riau Province (A Case Study on Freehold Title Number 733)." In 2nd World Conference on Social Sciences and Humanities. Acavent, 2020. http://dx.doi.org/10.33422/2nd.shconf.2020.09.239.
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