Terms are listed alphabetically. Definitions are general guidance, not legal advice — the precise meaning of any term depends on the statute, the deed, and the facts of the matter. For the bigger picture, start with the Notarial Long-Term Leases hub, or jump straight to the FAQ and the source library.
C
Cession
The transfer of a right — here, the lessee’s rights under a long lease — from the cedent (original holder) to a cessionary. Where the lease is registered as a notarial lease, the cession must also be registered in the Deeds Registry. See cession, security & cancellation.
D
Deed of alienation
A deed by which the ownership of land is transferred — for example a deed of sale, deed of donation, or deed of exchange. Where land encumbered by a long lease is alienated, the question whether the lease binds the new owner turns on the rules of huur gaat voor koop, registration, and knowledge. See huur gaat voor koop.
Doctrine of notice (knowledge doctrine)
The equitable principle that a person who has actual knowledge of an unregistered right cannot rely on the absence of registration to defeat it. In the long-lease context, a purchaser who knew of an unregistered long lease when they bought the property is bound by it, even beyond the automatic ten-year window. See the ten-year rule & the knowledge doctrine.
Dominium
Full ownership of land — the widest real right recognised by South African law. The owner holds the right to use, enjoy and dispose of the property, subject to any limited real rights that burden the title. A registered long lease is a subtraction from the dominium: it carves out a portion of the owner’s entitlements for the benefit of the lessee. See personal right vs real right.
E
Exclusive-use area (sectional title)
A portion of the common property in a sectional-title scheme that is set aside for the exclusive use of a specific unit owner under the Sectional Titles Act. Long leases over exclusive-use areas raise specific consent and registration issues distinct from leases over sections. See long leases over sectional title.
G
Gratuitous successor
A person who acquires the leased land without giving value — an heir (by intestate succession or by will), a legatee, or a donee. Unlike an onerous successor, a gratuitous successor is bound by an unregistered long lease for the full term of the lease, regardless of whether the term exceeds ten years and regardless of knowledge.
H
Hypothecation / mortgage bond
The pledging of immovable property as security for a debt by registering a mortgage bond over it. A registered long lease may itself be hypothecated (ceded as security to a lender) by registering a bond over the leasehold interest. Where the owner’s property is bonded, the interaction between the bond and a registered lease determines the lease’s survival if the property is sold in execution. See long leases, insolvency & mortgage bonds and cession, security & cancellation.
Huur gaat voor koop
The Roman-Dutch rule that a lease prevails over a sale — a buyer of leased property takes subject to the lease and may not evict the lessee on the strength of the purchase. In South African law its statutory expression applies to all leases on transfer of ownership, but its scope is qualified for long leases that fall outside the automatic ten-year window and are neither registered nor known to the buyer. See huur gaat voor koop.
I
Invecta et illata (landlord’s hypothec)
The tacit real security a landlord holds over movables brought onto the leased premises by the tenant (invecta) and attached to or placed there (illata), securing unpaid rent. It arises by operation of law without registration and is relevant to lessees who introduce equipment or stock onto a long-term leased property.
J
Jus in personam (personal right)
See Personal right.
Jus in rem (real right)
See Real right.
L
Lessee
The party to whom the right of use and enjoyment of leased land is granted under the lease agreement; the tenant. In a notarial long lease the lessee holds a limited real right in the property once the lease is registered.
Lessor
The owner (or holder of rights sufficient to grant a lease) who lets the land to the lessee. Registration of the notarial lease endorses a subtraction from the lessor’s dominium on the title deed.
Limited real right (leasehold)
A real right that burdens another person’s land without extinguishing that person’s ownership. A registered long lease is a limited real right: it is a subtraction from the lessor’s dominium that is enforceable against the whole world, not merely against the contracting parties. Registration gives effect to this real-right character because the lease by its nature (term ≥ 10 years) already subtracts from the dominium; it does not manufacture a real right from a purely personal one. See personal right vs real right.
Long lease
A lease of land for a period of ten years or more, or for the natural life of the lessee or lessor, or which is renewable at the lessee’s option (or from time to time) so that the total period may amount to ten years or more. A long lease of immovable property has real-right consequences and may (and in most cases should) be registered as a notarial lease. See what is a long lease?.
M
Ministerial consent (s 3(d))
Prior written consent from the Minister of Agriculture required before any portion of agricultural land may be leased for ten years or more under s 3(d) of the Subdivision of Agricultural Land Act 70 of 1970. A long lease of a portion of agricultural land concluded without that consent is void ab initio. See long leases of agricultural land.
N
Notarial lease
A long lease of immovable property that has been executed before a notary public and registered in the Deeds Registry. Registration vests the lease as a limited real right endorsed against the title deed of the lessor’s land. See how a notarial long lease is registered.
O
Onerous successor (successor under onerous title)
A person who acquires the leased land for value — typically a purchaser. An onerous successor is bound by an unregistered long lease automatically for the first ten years from the date the lease was entered into. Beyond ten years, the onerous successor is bound only if the lease has been registered or the successor had actual knowledge of the lease. See huur gaat voor koop and the ten-year rule & the knowledge doctrine.
P
Personal right (jus in personam)
A right enforceable only against a specific person — here, the contracting lessor — rather than against the world at large. An unregistered lease beyond the ten-year automatic-binding window confers only a personal right; it does not bind a purchaser without knowledge. See personal right vs real right.
R
Real right (jus in rem)
A right in property that is enforceable against the whole world, not merely against a contracting party. Full ownership (dominium) is the paramount real right; a registered long lease is a limited real right that burdens the lessor’s dominium. See personal right vs real right.
Registration against the title deed
The formal process by which a notarial long lease, cession or cancellation thereof is noted in the Deeds Registry against the title deed of the encumbered land. Registration gives effect to the lease’s real-right character and constitutes constructive notice to all subsequent acquirers. See how a notarial long lease is registered.
Renewal option
A contractual right for the lessee to extend the lease on specified terms. When an option or a series of options may result in a total period of ten years or more, the underlying lease qualifies as a long lease from the outset — the threshold is tested against the potential aggregate term, not only the initial period. See renewal options & the ten-year threshold.
S
Sub-lease
A lease by the lessee of the whole or part of the leased property to a third party (the sub-lessee), for a term that cannot exceed the head lease. Whether a sub-lease of a long-leased property itself qualifies as a long lease — and must be registered — depends on its own term.
Subtraction from the dominium
The principle that any limited real right diminishes the owner’s full entitlements by carving out a right for another. A long lease subtracts from the dominium by giving the lessee the right to use and enjoy the property for an extended term. Registration in the Deeds Registry gives effect to that subtraction as against the whole world (Lorentz v Melle reasoning).
Successor in title
Any person who later acquires rights in the leased property from the lessor. Whether a successor is bound by an unregistered long lease depends on whether they are an onerous or gratuitous successor and, for onerous successors beyond ten years, on registration or knowledge. See huur gaat voor koop and the ten-year rule & the knowledge doctrine.
Where to next
Browse the full Notarial Long-Term Leases hub, check the FAQ, or verify any authority in the source library. If you need advice on a specific long lease — whether drafting, registering, or enforcing one — you can book a consultation with an attorney.