2.2 Develop brief for Land Surveyor & Conveyancer to Effect Land Assembly and Transfer of Title
What are the headings that will guide the briefs?
Land and Development Rights Audit – (the ‘Audit’).
Whilst it is very likely that the Land Surveyor and Conveyancer were involved and/or was/were the authors of the Audit, this may not be the case, and accordingly the outcome of the Audit will essentially form the basis of their briefs.
The briefs should be a single ‘brief’ where both the Land Surveyor and the Conveyancer will extract their respective tasks that they must perform or have attended to.
Interventions Required and By Whom?
The Land Surveyor and Conveyancer must establish as to whether there are tasks/actions that require specific interventions/resolutions to be taken by the Municipality and/or other organs of the State.
They must prepare a detailed memorandum in this regard so that the relevant official is then able to ‘take through’ the procedural steps within the Municipality and/or organ of the State to obtain the necessary intervention.
NB The above must include any aspect where a Court Order may be required.
Correlation by Land Surveyor and Conveyancer with regards to all Diagrams, General Plans and other Registrable Documents.
This is to ensure that there is absolute alignment between what diagrams and general plans the Land Surveyor has framed and what the Conveyancer will require to effect the Land Assembly, to open the Township Register(s) and to effect transfer of erven and other rights.
Detailed Scope of Work.
Assistance from the Land Surveyor and Conveyancer may be prudent in defining the full scope of for both of them to ensure no omission is made that may ‘block’ the eventual transfer of ownership with regards to individual even in the Township(s) developed.
It is extremely important that the Sales Administration documentation also includes a valid ‘will’ of the approved housing subsidy beneficiaries in order that the Conveyancer may effect ‘succession transaction(s)’ should this be necessary.
Cancellation of other Competing Land Rights.
The Audit may identify other land rights as outlined in Step 1 that cannot be accommodated in the Township Development.
These must be adequately dealt with which must include a formal process via the Council to confirm these land rights (formal and informal) have been effectively cancelled.
Effect the Expropriation of Land Rights.
The Audit outcome will have identified land rights (formal and informal) that must be expropriated.
Having regard to the expropriation procedure that follows in this tool kit, the Land Surveyor and Conveyancer must give effect to the expropriation via the relevant authority(s).
The Land Surveyor to prepare the necessary expropriation plans that define ‘what’ is being expropriated.
On issuing of the Expropriation Notice(s), the Conveyancer to effect the Expropriation Transfer(s) and/or formalisation of an expropriation of an informal land right(s).
Fees and Other Costs
It is important that all aspects that must be given effect to, by the Land Surveyor and Conveyancer are costed and budgets made available.
The above must make provisions for costs associated with interventions by the Municipality and/or Organs of the State, including the obtaining of a Court Order if required.
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