Comparative Lessons in Sectional Title Laws: Mitigating Urban Inequality in South Africa

Edward S W Ti

Oxford Journal of Legal Studies, 2022, vol. 42, issue 4, 1012-1039

Abstract: Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1) Permitting a supermajority of sectional owners to terminate a sectional scheme prevents holdout and allows urban land to be redeveloped, providing an increase in housing. (2) Municipalities could consider mandating ethnic integration in sectional schemes to counter the organic formation of mono-racial residential enclaves which remain in present-day South Africa.

Keywords: Property law; sectional titles; urban inequality; apartheid; South Africa; law and regulation (search for similar items in EconPapers)
Date: 2022
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