A friend of mine approached me regarding the transfer of his paternal grandparents’ property. Although the township register was opened and registered. The erven was  never transferred to the said residents.

This is the story of so many South Africans, who have been occupying their land for the longest of time and have not been issued with title deeds.

In the above instance, the township owner failed to transfer all the individual erven of the township to the local residents of that specific township.

In terms of section 16 of the Deeds Registries Act 47 of 1937, The ownership of land may be conveyed from one person to another only by means of a deed of transfer excuted or attested by the registrar.

In another conversation with another friend of mine, she informed me that her partner bought her a vacant land, I know what you thinking, “Puleng” is the property registered in her name? To be honest with you, I didn’t ask and she didn’t feel the need to mention that part either. She further went on to share her future plans regarding that land. I know what you thinking, does she even have a title deed? I don’t know.

In the above scenario, it is quite evident, that in South Africa it has become a norm for people to start occupying land without consent and/or permission from the Owner of that land. Then selling it for a small consideration. The buyer starts building, on completion of the building project, he/she encounters many challenges which we will later get to touch on.

Section 18(1) of the Deeds Registries Act 47 of 1937, makes provision for the ownership of unalienated State land to be transferred from the State land only by a deed of grant.

What is a deed of grant?

“State land transferred for the first time is transferred by a deed of grant”. Also, Mr Le Roux’s Interpretation.[i]

Section 43(5)(a) provides that save in the case of a transfer of a whole erf, no township owner or settlement in whose title deed the individual erven are not separately described shall deal in any way with an individual erf in such township or settlement or any portion thereof or share therein until he has obtained a certificate of registered title of such erf in the prescribed form. [ii]

In the first scenario, my own understanding is that the erven are still held by the title deed of the land on which the township has been laid out. The owner of the township cannot deal with the individual erven separately until they have obtained a certificate of registered title of such erven.

For example, if the developer intends to transfer a single erf in the township which is still held by the original title deed of the township, to another person, then a CRT must first be obtained for such an erf. [iii] The land will be transferred from a CRT to the new owner by means of a deed of transfer.

In the second scenario, it is quite evident that the state remains the owner of the land.

The is a perfect example of land invasion.

According to Wikipedia, Land invasion in South Africa is seen as the illegal occupation of land with the intention of erecting dwellings or establishing a settlement on it and is an issue affecting various Municipalities in South Africa especially in the face of increased urbanisation in bigger Metropolitans.  

Any person who occupies the land without the permission of the lawful occupier, owner or person in charge, shall be guilty of trespassing in terms of the Trespass Act 6 of 1959.

Let this be a lesson to all of us and although our Constitution and PIE Act prevents us from being evicted without a Court Order. It does not prevent a criminal charge being laid against you for trespassing.