Rights Over Land
The basic rights over land are:
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
- 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.
- A right vested in one person of deriving some advantage from another’s property. There are two types:
A servitude which operates in favour of the owner of a piece of land and which cannot be separated from that land, and
A servitude in favour of a person or body who need not own any land.
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.