The
respondent was given a 99-year lease.
The
lease was registered with the Registrar of Deeds in terms of section
65(1) of the Deeds Registries Act [Chapter
20:05].
It was registered in favour of the respondent through a Notarial Deed
of Lease dated 15 May 2007….,.
What
is important to note is the effect of a registered long lease.
The
effect ...
The
respondent was given a 99-year lease.
The
lease was registered with the Registrar of Deeds in terms of section
65(1) of the Deeds Registries Act [Chapter
20:05].
It was registered in favour of the respondent through a Notarial Deed
of Lease dated 15 May 2007….,.
What
is important to note is the effect of a registered long lease.
The
effect of registering a long lease is to give the lessee limited real
rights which are capable of enforcement against the whole world. W.
E. COOPER; Landlord
and Tenant,
Second Edition…, commented on the nature of the lessee's rights
in a long lease as follows:
“A
lessee is also entitled to have the lease registered against the
title deeds of the property. When he is given occupation, or the
lease is registered, the lessee acquires a real right. Once his real
right is so constituted the lessee can enforce it against the whole
world. Consequently, upon being given occupation, or the lease being
registered, the lessee should be entitled to eject a trespasser.”
In
the case of Heynes
Matthew Ltd v Gibson N.O.
1950
(1) SA 13 (C)…,. DE VILLIERS JP said:
“When
once the lessee has been granted a lease of more than 10 years then
certain legal qualities attach thereto. One of the legal qualities
that attaches to it is that, being a lease in longum
tempus,
it requires to be registered to bind third parties. Registration
really may be said to be equivalent to full delivery to the lessee of
the rights granted to him by the lease. He is entitled, therefore, to
whatever advantages flow from a lease of this description.
One of the advantages is that upon due registration he is protected,
for the term of the lease, against all third parties.”…,.
It
is clear from the above that once a long lease is registered, it
confers limited real rights to the lessee.
