
Published online:
22 March 2012
Published in print:
07 November 1996
Online ISBN:
9780191682162
Print ISBN:
9780198260875
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
1. The background 1. The background
-
(a). Political (a). Political
-
(b). Socio-economic (b). Socio-economic
-
(c). Legal (c). Legal
-
(d). Historical (d). Historical
-
-
-
II. Land Ownership: Tenures (1652–1910) II. Land Ownership: Tenures (1652–1910)
-
1. The Dutch era 1. The Dutch era
-
(a). Grants in eigendom (a). Grants in eigendom
-
(b). Loan tenure (leeningsplaatsen) (b). Loan tenure (leeningsplaatsen)
-
(c). Loan ownership (enings eigendom) (c). Loan ownership (enings eigendom)
-
(d). Emphyteusis (erfpacht) (d). Emphyteusis (erfpacht)
-
(e). Conclusion (e). Conclusion
-
-
2. The British era 2. The British era
-
(a). The Cradock Proclamation (a). The Cradock Proclamation
-
(b). Quitrent Tenure (b). Quitrent Tenure
-
(c). The aftermath (c). The aftermath
-
-
-
3. Land ownership in the other colonies in South Africa 3. Land ownership in the other colonies in South Africa
-
III. Land Ownership: Content (Circa 1860–1900) III. Land Ownership: Content (Circa 1860–1900)
-
1. Introduction 1. Introduction
-
2. Water rights 2. Water rights
-
3. Ownership in the space above and below the surface 3. Ownership in the space above and below the surface
-
(a). Rights to use space above (a). Rights to use space above
-
(b). Rights to use space below (b). Rights to use space below
-
-
4. Lateral support 4. Lateral support
-
5. Right to enjoy 5. Right to enjoy
-
6. Sic utere tuo ut alienum non laedas 6. Sic utere tuo ut alienum non laedas
-
-
IV. Land Ownership, Restrictions (Circa 1930–1995) IV. Land Ownership, Restrictions (Circa 1930–1995)
-
1. Introduction 1. Introduction
-
2. Mining law 2. Mining law
-
3. Town planning legislation 3. Town planning legislation
-
4. Other 4. Other
-
-
V. Protection of Ownership V. Protection of Ownership
-
1. The vindicatory action 1. The vindicatory action
-
2. Private defence 2. Private defence
-
-
VI. New Forms of Ownership (1970–1995) VI. New Forms of Ownership (1970–1995)
-
VII. Conceptualizing Ownership VII. Conceptualizing Ownership
-
1. The European background 1. The European background
-
2. Defining ownership in South Africa 2. Defining ownership in South Africa
-
3. The pandectist influence 3. The pandectist influence
-
4. Redefining ownership 4. Redefining ownership
-
-
-
-
-
-
-
-
-
-
-
-
Cite
Milton, J. R. L., 'Ownership', in Reinhard Zimmermann, and Daniel Visser (eds), Southern Cross: Civil Law and Common Law in South Africa (Oxford , 1996; online edn, Oxford Academic, 22 Mar. 2012), https://doi.org/10.1093/acprof:oso/9780198260875.003.0021, accessed 12 May 2025.
Abstract
The earliest recorded reference to ownership in South African law occurs just five years or so after the servants of the Dutch East India Company waded ashore in Table Bay on 9 April 1652 to found a European settlement at the Cape of Good Hope. In the journal kept by the commander of the settlement it is noted on 21 February 1657 that grants of land are to be made to certain men ‘in vollen eygendom’. Thereafter, title deeds were issued. This chapter discusses the historical development of eygendom in South African law.
Subject
History of Law
Collection:
Oxford Scholarship Online
You do not currently have access to this chapter.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMetrics
View Metrics
Metrics
Total Views
34
26
Pageviews
8
PDF Downloads
Since 10/1/2022
Month: | Total Views: |
---|---|
October 2022 | 1 |
February 2023 | 1 |
May 2023 | 1 |
October 2023 | 1 |
November 2023 | 3 |
December 2023 | 3 |
February 2024 | 7 |
March 2024 | 1 |
June 2024 | 1 |
October 2024 | 1 |
November 2024 | 2 |
December 2024 | 6 |
February 2025 | 1 |
March 2025 | 2 |
April 2025 | 1 |
May 2025 | 2 |
Citations
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.