The Deeds Registries Amendment Bill allows tenure rights to be recorded in the deeds office
The Deeds Registries Amendment Bill was published for public comment on July 9, with little fanfare. This was to be expected. Amendment bills of this nature are typically technical, uncontroversial and filled with empowering provisions that have more to do with the entity’s own functionality than consumer interface.
To date, only those tenure rights recognised under common law have been registered against a title deed at the deeds office. This includes ownership rights, long-term leases, usufructs and servitudes, among others. Informal land rights, occupation rights exercised by farm workers and tenure rights rooted in African customary law are recognised by various laws in SA, but could never be formally registered against the title deeds.
Tenure security is a term that is often thrown around in land reform debates, but it is worth pausing to consider what it actually means. Tenure is the relationship between a person or a community and the land they occupy — this is fairly simple. The aspects that make tenure “secure” or “insecure” is often where the debate gets lost.
By allowing tenure rights to be recorded in the deeds office, we are taking a significant step towards improving security of tenure for millions of South Africans. But that is not to say it will be a silver bullet. Recording a right in the deeds office will serve as proof that right exists.
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