Run the checker
Answer each question as it appears. The flow applies the statutory tests in precedence order: first whether a long lease exists at all, then the agricultural-land gate, then whether it has been registered. Each outcome cites the provision it rests on.
Is my lease a registrable long lease?
1.What is the lease term?
Enter the fixed term in years, or tick one or both of the special-term boxes. A lease qualifies as long if it runs for 10 years or more, for a natural life, or if the lessee can renew it so that periods aggregate to 10 years or more (s 1(2) of the Formalities Act).
How this works
The checker applies two statutes in sequence. The first is s 1(2) of the Formalities in Respect of Leases of Land Act 18 of 1969, which establishes the long-lease threshold and determines how an unregistered long lease fares against third parties. The second is s 3(d) of the Subdivision of Agricultural Land Act 70 of 1970, which overrides everything else for a lease of a farm-land portion: without ministerial consent the lease is void, and registration cannot cure that defect. The checker tests the agricultural gate before the registration question for exactly this reason.
The long-lease definition and the 10-year rule (s 1(2))
Section 1(2) does two things in one sentence: it defines the long-lease threshold, and it tells you what an unregistered long lease is worth against a creditor or successor in title. The threshold covers three alternative routes — a fixed term of ten years or more, a natural-life term, or a renewable term that can aggregate to ten years. A lease that clears any one of the three is a long lease and is subject to the registration regime.
No lease of land which is entered into for a period of not less than ten years or for the natural life of the lessee or any other person mentioned in the lease, or which is renewable from time to time at the will of the lessee indefinitely or for periods which together with the first period of the lease amount in all to not less than ten years, shall, if such lease be entered into after the commencement of this Act, be valid against a creditor or successor under onerous title of the lessor for a period longer than ten years after having been entered into, unless- (a) it has been registered against the title deeds of the leased land; or (b) the aforesaid creditor or successor at the time of the giving of credit or the entry into the transaction by which he obtained the leased land or a portion thereof or obtained a real right in respect thereof, as the case may be, knew of the lease.
The consequence of non-registration is time-capped protection: the unregistered long lease binds buyers and creditors only for the first 10 years. After that window, a buyer who acquires the property for value in good faith without knowledge of the lease can evict the lessee. The knowledge exception in s 1(2)(b) is the only alternative: a party who actually knew of the lease at the time they acquired their interest cannot use non-registration as a defence.
The agricultural-land gate: s 3(d) of the Subdivision Act
The Subdivision of Agricultural Land Act 70 of 1970 is still in force (the 1998 repeal act has never been brought into effect). Section 3 of that Act prohibits certain transactions involving portions of agricultural land without the Minister of Agriculture’s prior written consent. The long-lease prohibition is in s 3(d):
(d) no lease in respect of a portion of agricultural land of which the period is 10 years or longer, or is the natural life of the lessee or any other person mentioned in the lease, or which is renewable from time to time at the will of the lessee, either by the continuation of the original lease or by entering into a new lease, indefinitely or for periods which together with the first period of the lease amount in all to not less than 10 years, shall be entered into;
The consequence of non-compliance is not merely that the lease is unregistrable: it is void ab initio. The Western Cape High Court confirmed this in Hanekom v Lombard:
This is why the checker tests the agricultural-land gate before asking about registration. If the land is a farm-land portion and ministerial consent was not obtained, the lease is void regardless of whether it has been registered. An attorney acting for either party should obtain confirmation of the land’s status and, where necessary, apply for consent before the lease is concluded.