Long-term lease agreements don’t just shape the relationship between landlord and tenant—they can create legally enforceable rights that follow the land itself. In South African property law, these agreements hold far more weight than short-term leases, especially when registered. They may even give the tenant a real right in the property, offering a level of security and control that’s often underestimated.

Whether you're leasing farmland for decades, securing commercial premises, or entering into a renewable rental arrangement, it’s worth knowing when your lease qualifies as a long term lease contract, and what that means for your legal standing. For landlords, it defines what rights you're giving up. For tenants, it could mean gaining a registered right enforceable against future owners.

So when does a long-term lease apply to you—and how should it be recorded to fully protect your interests?

What Qualifies as a Long-Term Lease Agreement?

South African law recognises a lease as a long-term lease agreement when it falls into one of three categories, all of which apply to immovable property (such as land or buildings). These categories are:

1.    A lease for a period of at least 10 years.

Any lease agreement with a fixed duration of 10 years or more automatically qualifies as a long-term lease.

2.    A lease for the natural life of the tenant—or another individual named in the agreement.

This includes life-long tenancy arrangements that remain in effect for as long as the specified person is alive.

3.    A lease that is renewable at the tenant’s discretion, indefinitely or for periods that add up to 10 years or more.

Even if the initial term is shorter, if the tenant has the right to renew it over and over—eventually reaching or exceeding 10 years—it still counts as a long-term lease.

Each of these types triggers specific legal treatment and potential protections for the tenant, especially where registration is involved. But the duration alone is not what makes a long-term lease powerful—how the lease is recorded and registered is equally important, as we’ll explore next.

Must a Long-Term Lease Be in Writing?

Legally, a long term lease agreement does not have to be in writing to be valid between the landlord and tenant. Even if the lease is verbal or informal, the agreement can still be enforceable—as long as the basic elements of a lease (consent, use, and payment) are present.

However, there are significant limitations if the lease is not reduced to writing. Most importantly, an unwritten long-term lease cannot be registered in a deeds registry. Without registration, the lease is treated as a personal right, not a real right, and it offers little protection against third parties such as creditors or future purchasers of the property.

An unregistered lease may also be viewed as movable property under the law, which means it lacks the legal permanence that registered immovable property rights enjoy.
In short: while a long-term lease doesn’t have to be in writing to exist, putting it in writing is the first step toward full legal protection.

The Importance of Registration

To gain full legal recognition and enforceability against third parties, a long term lease contract must be reduced to writing and registered in the deeds registry. This formal process transforms the lease from a personal right into a real right, meaning it attaches to the land itself—not just to the agreement between the original landlord and tenant.

To be eligible for registration, the lease agreement must meet the following requirements:

• It must be in writing.
• It must be signed by both the landlord and the tenant.
• It must be witnessed by two competent witnesses.
• It must be executed before a practising Notary Public, who will notarise and submit it for registration.
• It must be registered against the title deed of the property in the relevant deeds registry.

Once registered, the lease is no longer vulnerable to being overridden by creditors or new owners. It becomes enforceable against successors in title—meaning any future purchaser or inheritor of the property is legally bound by the terms of the lease for its entire duration.

Without registration, even the most carefully drafted lease may be unenforceable against a third party who had no knowledge of its existence.

Real Rights and Legal Protection for Tenants

Registering a long term lease agreement does more than just formalise the arrangement—it gives the tenant a real right in the property. This right is not merely contractual; it attaches to the land itself and remains in force even if the ownership of the property changes.

A real right protects the tenant in the following ways:

• It limits the landlord’s right of ownership, granting the tenant secure, long-term use of the property as if it were their own.
• It is binding on successors in title—future owners cannot ignore or terminate the lease prematurely.
• It offers protection against creditors if the landlord becomes insolvent or the property is attached.

There are only three situations where a tenant can rely on their lease to enforce it against a third party:

1. The lease has been registered in a deeds registry.
2. The third party (creditor or purchaser) knew about the lease when they entered into a transaction with the landlord.
3. The lease is recorded in writing and properly executed, providing enough proof of its existence and duration.

This kind of security can be essential in commercial contexts, long-term residential leasing, or agricultural land use—where significant investment is made over time.

Sectional Title and Long-Term Lease Agreements

A long term lease agreement isn’t limited to freehold land. It can also be registered over property governed by a sectional title scheme. This includes individual units, exclusive use areas, and even shared common property—provided the necessary legal requirements are met.

Here’s how long-term leases apply in the sectional title context:

• A lease can be registered over a sectional title unit, such as an apartment or office space, giving the tenant long-term security within a multi-unit complex.
• Tenants may also lease an exclusive use area—like a parking bay or garden—if that area is legally designated for exclusive use.
• In some cases, a lease can apply to a portion of the common property, but this usually requires approval from the body corporate and compliance with the relevant sectional title legislation.

Just like with any other immovable property, these leases must be:

• In writing,
• Signed by both parties and two witnesses,
• Executed before a Notary Public, and
• Registered in the deeds registry.

Once registered, the lease provides the same level of protection and enforceability as it would on traditional land ownership—ensuring the tenant’s rights remain secure regardless of changes in ownership or scheme management.

Terminating a Registered Long-Term Lease

Even a registered long term lease agreement can end before the lease term expires—but doing so requires more than just mutual consent. If the lease was registered in the deeds registry, the cancellation must also be formally recorded to reflect the change in the public register.

Here’s what’s required:

• The landlord and tenant must enter into a Notarial Deed of Cancellation.
• This agreement must be executed before a practising Notary Public.
• The Notarial Deed must then be registered at the same deeds registry where the original lease was recorded.
• The title deed of the property must be submitted for endorsement to reflect the lease’s cancellation.

Without this formal cancellation, the registered lease remains enforceable—even if both parties believe the relationship has ended. For property owners, this can create serious issues when trying to sell or transfer the property. For tenants, failing to record the termination could leave them liable for ongoing obligations or disputes down the line.

In short, once a lease has been registered, its cancellation must follow the same legal standard—clear, notarised, and publicly recorded.

Why a Long-Term Lease Might Suit You

A long term lease contract offers more than just extended occupation—it provides a legal structure that can bring stability, predictability, and investment security to both parties. While property ownership is often viewed as the gold standard, a properly executed long-term lease can offer many of the same benefits, particularly when buying isn’t financially viable or strategically desirable.

For tenants, a long-term lease:

• Secures uninterrupted use of the property for years—even decades.
• Makes it easier to justify long-term investment in the premises, such as renovations or infrastructure upgrades.
• Provides legal protection and continuity, even if the landlord sells the property.

For landlords, long-term leases:

• Offer consistent income with fewer vacancies.
• Attract tenants who are more likely to maintain and improve the property.
• Add value to the property by formalising long-term cash flow.

These leases are especially popular in sectors such as agriculture, retail, hospitality, and warehousing—where access to land or premises is essential for growth but outright ownership may be unrealistic.

In the right circumstances, a long term lease agreement can function as a practical, powerful alternative to ownership, especially when structured and registered with legal foresight.

Aucamp Inc – Property Law Attorneys

Long-term leases come with lasting legal consequences. Whether you’re a landlord looking to secure predictable income or a tenant seeking legal protection, the terms of the lease—and how it’s recorded—matter.

At Aucamp Inc, we assist with drafting, reviewing, and registering long term lease agreements, including notarisation and deeds office procedures. We also advise on early termination, real rights, and compliance across residential, commercial, and sectional title contexts.

Contact Aucamp Inc for clear legal guidance on long-term lease contracts and property rights in South Africa.