The process of buying or leasing municipal land for agricultural purposes can be quite daunting, costly, and extremely frustrating. This is especially the case if you have no idea what you are doing.
Besides being sent from pillar to post, there are several things that could see your dream of owning land take a bit longer than you’d want it to, even if you have the money to put down. However, with a little patience and the right support, you might yet become the owner of land.
For Lebogang Phume, a livestock and crop farmer in Wolmaransstad in North West, acquiring municipal land was far from easy. Phume farms on 19.5 hectares of land which cost over R130 000 to obtain.
According to Phume, there are a number of important things that prospective land buyers need to know before they embark on their procurement journey. If you plan to lease or buy municipal land in Mzansi for agricultural activities, here is a guide to get started.
Application forms and processes
The first step is to approach the municipality from which you want to buy land. Phume says applications should be readily available at municipal offices.
“We approached the municipality and were told [about the] process that we need to follow,” Phume says.
Once submitted, their application went through different channels in the municipality before it reached the municipal council where a final decision was made. The process takes time, though, so applicants must be patient.
The municipality will take several aspects into consideration when processing your application, such as a history of payments to the municipality (rates and taxes, service fees, etc.), and the purpose for which the land will be used.
Any public objections?
Once the land assessment is complete and the green light is given, an advertisement is issued for public comment or objections. The advertisement is usually valid for 14 days.
Where objections are not recorded, the applicant will have to pay a fee determined by the municipality for the land.
Phume says, “we had to pay and advertisement fee of [about R2 000]. It was advertised for 14 days with no objection.”
Getting the land surveyed
Thereafter, a certified land surveyor will need to evaluate and assess the land. He or she will measure the shape of the land and gather data. According to Phume, they paid R11 000 for the land to be surveyed.
Once the land has been surveyed and findings submitted to the municipal office, officials from the municipality will visit the land and conduct their final assessments. If satisfied, the land can be purchased and a deed of sale will have to be drawn up.
“The municipality charged us R95 000 for the 19.5 hectares. This excludes sub-division, which must be done by a town planner.”
Unexpected delays and costs
Phume advises farmers who intend to buy or lease land to enquire at the start of the process if their municipality has a town planner.
“Our municipality did not have a town planner and we had to get someone else. They charged us R25 000.”
Once this phase is done, you are close to signing official land handover documentation.
Once the municipal manager as head of administration is satisfied, he or she will sign the deed of sale and copies will be given to the applicant and all relevant departments and conveyance attorneys, who will lead the transfer of the land.
Almost there…
The transfer is done in the deeds office. After the transfer is completed, the land is taken off the municipal register as part if its assets and it is given to the new owner.
Phume gives a word of warning, though: Buying municipal land is a lengthy process and generally frustrating. “It was not an easy task, it cost us money, but our lawyer kept us updated weekly on the achievements and process.”
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