Urban Pro-Poor Registrations: Complex-Simple the Overstrand Project

Abstract

Low-cost housing which has been disposed of by private owners is extremely difficult for conveyancers to register.  The law as it stands is often incapable of giving effect to the business transactions of the poor, thereby creating insecurity of tenure nationwide.  The Land Titles Adjustment Act 111 of 1993 is currently the only legislation capable of dealing with this impasse.  The Overstrand Municipality has provided the staff and infrastructure to run a pilot project under the Act, for which it is awaiting confirmation from the Department of Rural Development and Land Reform.  This article discusses the legal issues arising and the potential of such an initiative to provide consumer protection for the low-literate and other vulnerable holders of rights.