Are you in the market for land? Before making any offers, Sabinet Discover is your ultimate destination to uncover potential land claims on the property
Information regarding legislation, such as that relating to the restitution of land rights, can be invaluable to communities, farmers, homeowners, estate agents and developers. Sabinet Discover emerges as your comprehensive source for land claim information, providing access to South African Government Gazettes where all valid land claims must be published for consideration. The Restitution of Land Rights Act serves as the legislative framework for the restitution of rights in land, particularly for those individuals or communities who were dispossessed or affected by racially discriminatory laws. This Act establishes both the Commission on Restitution of Land Rights and the Land Claims Court, providing a structured approach to address land-related injustices.
- Engaging in a land claim with the Department of Rural Development and Land Reform is a legal avenue for South Africans to assert ownership over a specific piece of land. Guided by the three pillars mentioned below, South Africa’s land policy seeks to rectify historical injustices by allowing claims for ownership or compensation. 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. Restitution involves people claiming back land taken away from them after June 1913, or compensation for their loss.
- Land redistribution involves acquiring and transferring land from white farmers to black farmers, for a variety of purposes, including farming and settlement.
- Tenure reform aims to secure the land rights of those whose rights are insecure because of past discrimination.
The benefits of making a land claim include the right to own property, access to land and use of the land. Future generations will also have the right to sell their portion at any time and pass on their share through inheritance too.
However, for prospective buyers it holds risks.
The complexity of the land claims process involves multiple stakeholders with distinct interests. As a prospective land buyer, it is crucial to ascertain whether any land claims exist on the property you are contemplating purchasing. Land Restitution notices provide essential information about land claims, serving as a valuable resource during property transactions to avoid potential delays.
For property developers, understanding the risks associated with land claims is imperative. Notices published by the Restitution Commission in Government Gazettes detail all claims. Once a claim is gazetted, certain restrictions are placed, preventing activities such as selling, subdividing, or developing the claimed land without proper authorisation.
Before venturing into property transactions or development, ensure you explore South African Government Gazettes on Sabinet Discover to safeguard against potential land claim complications and make informed decisions in the dynamic landscape of land acquisition.