Rights Over Land in South Africa

Rights Over Land

The basic rights over land are:

Ownership:

This is the most important relationship between a person and land. It gives the owner the greatest rights over land – including the right to:

• use it to its full potential
• dispose of it or sell it
• use it as security for a loan
• exclude its use by others

Lease:

• A lease is a contract whereby land is let to or hired by a person other than the owner for a specified period of time. A lease for ten years or more is a “long lease” and must be registered.

Servitude:

• A right vested in one person of deriving some advantage from another’s property. There are two types:
• Praedial:
  A servitude which operates in favour of the owner of a piece of land and which cannot be separated from that land, and
• Personal:
  A servitude in favour of a person or body who need not own any land.

Sub-Surface Rights:

The rights to any minerals on a property may be included in the ownership of the property, or may be completely separated from the ownership of the land.