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Developing and initial testing of pro-poor prenuptial agreements as a new land tenure tool to secure rights in urban State-Subsidized Housing
Includes bibliographic references.
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
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School of Architecture, Planning and Geomatics
2016
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| _version_ | 1867613295639265280 |
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| access_status_str | Open Access |
| author | Downie, Leslie |
| author2 | Whittal, Jenny |
| author_browse | Downie, Leslie Whittal, Jenny |
| author_facet | Whittal, Jenny Downie, Leslie |
| author_sort | Downie, Leslie |
| collection | Thesis |
| description | Includes bibliographic references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/19573 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:51.607Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | School of Architecture, Planning and Geomatics |
| publisherStr | School of Architecture, Planning and Geomatics |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/19573 Developing and initial testing of pro-poor prenuptial agreements as a new land tenure tool to secure rights in urban State-Subsidized Housing Downie, Leslie Whittal, Jenny land tenure marital agreements Includes bibliographic references. This research develops a pro-poor prenuptial agreement as an innovative land tenure tool to secure rights in urban subsidized housing. The model tested is confined to prenuptial agreements under the Marriage Act, but is relevant to other cohabitation or marital agreements that could be used to secure social tenure arising from intimate relationships. The model aims at securing the tenure of the entire household, in particular the more vulnerable members of the household. The research focuses on urban State -subsidized housing, with an emphasis on the Western Cape, South Africa. This housing is transferred to beneficiaries by registration of individual or co-ownership at the Deeds Registry, with the title deeds public documents. While prenuptial agreements are not usually regarded as a land tenure tool, the fact that they are also public documents registered at the Deeds Office makes them pertinent. A limited dataset of recent academic writing is analysed to identify the social context of household conflict and tenure insecurity, and existing legal template clauses assessed. The prenuptial template design is predicated on current tenure approaches that regard informal practices as equally relevant for the poor's tenure security as the formal law. The template uses various strategies to manage tenure insecurity arising from the death of an owner, disputes, or threatened eviction of dependents. It also aims to ensure that diverse normative beliefs are respected, particularly African normative systems. A personal servitude is used to secure housing tenure as a real right burdening the land, making this a very secure right. In addition the template includes a succession agreement and dispute resolution mechanisms. The template model is tested on clients simulated by re-storying the facts of two seminal Constitutional Court cases and a recent case study of another researcher. Focus groups are held with housing beneficiaries and interviews with housing officials, as a preliminary test of the private and public reception of such agreements. The need for legal aid is discussed. The research makes clear that cohabitation and marital agreements can be used to secure overlapping land rights that the ownership paradigm does not currently protect. 2016-05-11T08:05:18Z 2016-05-11T08:05:18Z 2015 Master Thesis Masters MPhil http://hdl.handle.net/11427/19573 eng application/pdf School of Architecture, Planning and Geomatics Faculty of Engineering and the Built Environment University of Cape Town |
| spellingShingle | land tenure marital agreements Downie, Leslie Developing and initial testing of pro-poor prenuptial agreements as a new land tenure tool to secure rights in urban State-Subsidized Housing |
| thesis_degree_str | Master's |
| title | Developing and initial testing of pro-poor prenuptial agreements as a new land tenure tool to secure rights in urban State-Subsidized Housing |
| title_full | Developing and initial testing of pro-poor prenuptial agreements as a new land tenure tool to secure rights in urban State-Subsidized Housing |
| title_fullStr | Developing and initial testing of pro-poor prenuptial agreements as a new land tenure tool to secure rights in urban State-Subsidized Housing |
| title_full_unstemmed | Developing and initial testing of pro-poor prenuptial agreements as a new land tenure tool to secure rights in urban State-Subsidized Housing |
| title_short | Developing and initial testing of pro-poor prenuptial agreements as a new land tenure tool to secure rights in urban State-Subsidized Housing |
| title_sort | developing and initial testing of pro poor prenuptial agreements as a new land tenure tool to secure rights in urban state subsidized housing |
| topic | land tenure marital agreements |
| url | http://hdl.handle.net/11427/19573 |
| work_keys_str_mv | AT downieleslie developingandinitialtestingofpropoorprenuptialagreementsasanewlandtenuretooltosecurerightsinurbanstatesubsidizedhousing |