Flexible Land Tenure Act, 2012
Act 4 of 2012
- Published in Government Gazette no. 4963 on 13 June 2012
- Assented to on 14 May 2012
- Commenced on 31 May 2018 by Government Notice of 2018
- [This is the version of this document from 13 June 2012 and includes any amendments published up to 6 October 2022.]
1. DefinitionsIn this Act, unless the context indicates otherwise -“blockerf” means a piece of land on which a starter title scheme or a land hold title scheme is established;“common property” means, in respect of a land hold title scheme, that part of the blockerf concerned that does not form part of any plot;“holder” means the person who holds starter title or land hold title rights;“land hold title register” means the land hold title register established in terms of section 6(1);“land hold title rights” means the rights described in section 10;“land hold title scheme” means a scheme established in terms of section 13 over a specific blockerf under which persons may acquire land hold title rights over plots forming part of that blockerf, which plots have been measured and indicated in the manner provided for by this Act;“Minister” means the Minister responsible for the registration of immovable property;“plot” means a piece of land forming part of the blockerf of a land hold title scheme that is held by a specific holder of land hold title rights;“Registrar” means a Land Rights Registrar appointed under section 5(1);“Registrar of Deeds” means the Registrar of Deeds appointed in terms of section 2 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), or, in respect of land situated in Rehoboth, appointed in terms of section 3 of the Registration of Deeds in Rehoboth Act, 1976 (Act No. 93 of 1976);[The Deeds Registries Act 47 of 1937 and the Registration of Deeds in Rehoboth Act 93 of 1976 have been replaced by the Deeds Registries Act 14 of 2015.]“relevant authority” means -(a)in respect of land situated within the area of a municipality, town or village, that municipality, town or village council, as the case may be;(b)in respect of land situated within a settlement area, the regional council in whose area that land is situated;“prescribed” means prescribed by the regulations;“regulations” means regulations made in terms of section 16;“starter title register” means the starter title register established in terms of section 6(1);“starter title rights” means the rights described in section 9;“starter title scheme” means a scheme established in terms of section 12 in respect of a specific blockerf which entitles persons to acquire starter title rights over that blockerf; and“this Act” includes the regulations.
2. Objects of ActThe objects of this Act are -
3. Application of ActStarter title schemes and land hold title schemes may only be established on land situated within the boundaries of a municipality, town or village council or within the boundaries of a settlement area.
4. Establishment of Land Rights Offices
5. Appointment of Land Rights Registrar and other officers
7. Duties of Registrar
8. Powers of Registrar
9. Nature of starter title rights
10. Nature of land hold title rights
11. Preliminary steps before establishment of starter title or land hold title scheme
12. Establishment of starter title scheme
13. Establishment of land hold title scheme
14. Upgrading of starter title scheme to land hold title scheme
15. Upgrading of starter title or land hold title to full ownership
17. Enforcement of restrictive conditions
19. AppealsAny person having a substantial interest in any decision made by a Registrar may appeal subject to the prescribed procedural rules to the magistrate’s court of the district in which the property concerned is situated.
20. Short title and commencementThis Act is called the Flexible Land Tenure Act, 2012, and comes into operation on a date determined by the Minister by notice in the Gazette.
History of this document
31 May 2018
13 June 2012 this version
Published in Government Gazette number 4963
14 May 2012