Land and Housing > Land > Extension of Security of Tenure Act (ESTA) (NO 62 OF 1997) > What Does the Extension of Security of Tenure Act Say?
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What Does the Extension of Security of Tenure Act Say?

The Act says that if you have lived on someone else’s land – with permission of the owner – on or before 4 February 1997, you have a secure legal right to live on the land. An owner cannot change or cancel these rights without your consent unless there is a good reason for doing so, or until you have had a chance to answer any allegations made against you.

It sets out the steps you can follow to strengthen your land rights. You can apply for a state grant that can be used to secure tenure rights – either in the form of a development on the land where you are living, or on another piece of land.

(See: Land Acquisition or Settlement Grants)

The Act says you have the right to receive visitors, to have your family live with you, to have access to water, health and education services, to receive post and other forms of communication. The Act also gives people the right to visit and maintain family graves in rural and peri-urban areas. This right must be balanced with the owner’s right to privacy. The owner or person in charge can set reasonable conditions on how this right is exercised.

The Act gives special rights to long term occupiers. If you are older than 60 years, and you have lived on the land for 10 years, or if you become disabled while you were employed by the owner, you can stay on that land for the rest of your life.

The Act protects you against unfair and arbitrary evictions and sets out how disputes over land rights can be resolved with mediation, arbitration or the courts.

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