Title
Sociohistorical research and land tenure in South Africa: A case study of land tenure rights on the Northern Cape farm of Melkk,Used
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The aim of the research was to clarify the land tenure relations of an impoverished farming community on a farm called Melkkraal. The farm is coowned but it is also home to twenty six households of which three are coowners. The remaining households have occupied the land through a haphazard process of acquiring oral permission from some of the coowners and nonowning residents. This has led to a tenure conundrum because the way in which the farm is registered means that neither the households nor the coowners can access the necessary government assistance or assert their authority to make development decisions. As a result, the Surplus Peoples Project undertook to investigate the nature and content of the rights of the households in relation to the rights of the coowners. The findings revealed that very little difference exists between the nonowning residents and the co owners in terms of how land is used and transacted. This was attributed to the evolution of a social land ethic such that one can speak of the Melkkraal farm as a commom property regime.This means that there is just cause to upgrade informal rights in land into real rights in property.
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