What is a Land Claim?
A land claim is defined as “the pursuit of recognized territorial ownership by a group or individual”. The phrase is usually only used with respect to disputed or unresolved land claims.
Some types of land claims include aboriginal land claims, Antarctic land claims, and post-colonial land claims.
Where Can I Lodge A Land Claim In South Africa?
The Land Claims Court of South Africa
- Focal point: Ms Thembakazi Mashologu (Court Manager)
- Phone number: 011 781 2291.
- Afrikaans. English.
How Do You Make A Land Claim?
To get started with your land claim, you will need to know what your rights are and where the land is located.
The first step in the process is for you to identify and register as many people who have a right to the land as possible. You can do this by consulting archives or other records that might be useful in identifying who has an interest in the land. You should also consider consulting with any other interested parties such as local authorities, traditional leaders, and so forth.
A good thing to remember when making a Land Claim Application (LCA) is that there are certain requirements that must be met before they can proceed with their application:
- The claim must relate solely and exclusively to communal lands; or
- The claim relates solely or primarily but not exclusively and irrevocably owned by one or more individuals without being encumbered by any third party interest;
- Ownership of all parts of a farm must be transferred into private hands if ownership of each part cannot be transferred separately;
- If a piece of land contains both communal use rights and private property rights, then those portions owned privately may remain subject only to such terms contained within its deeds relating thereto;
How Long Does It Take To Get A Land Claim?
The claims process is a lengthy process that can take up to 10 years. In addition to the many complex formalities and documentation required, submitting an application for land restitution can be costly. It is not guaranteed that the land claim will succeed, especially if it’s based on historical discrimination or unfair distribution of resources, as this would mean changing existing legislation.
The process starts with a claimant contacting the Department of Rural Development and Land Reform with the intention to make a claim based on dispossession by one or more means including i conquest; ii cession under treaty or agreement; iii occupations by white settlers; iv purchase from indigenous people after 1913; v any other means resulting in dispossession such as forced removal (“land will be taken away without compensation”), occupation without title deed etcetera.
Can I still lodge a land claim in South Africa?
The Restitution of Land Rights Amendment Act, 2014 extends the date for lodgement of land claims for those who did not claim by the initial deadline of 31 December 1998. The new deadline for the lodgement of land claims is 30 June 2019.
Where can I check my land claims in South Africa?
For further information, you can contact the Commission on Restitution of Land Rights on 0800 007 095 or visit www.dalrrd.gov.za to see the contact details and addresses of all regional offices.2
How do I find out who owns land in South Africa?
- go to any deeds office (deeds registries may not give out information acting on a letter or a telephone call)
- go to the information desk where an official will help you to complete a prescribed form and explain the procedure.
- request a search on the property, and.
- pay the required fee at the cashier’s office.