05/06/2026
Real Right refers to a legally recognised and enforceable property right that a person or entity holds over a property. These rights are typically associated with ownership, possession, and use of real property (land and buildings) and are governed by South African property laws.
Ownership: The most common and comprehensive Real Right is full ownership, which grants the holder complete control over the property. Owners can use, possess, and dispose of the property as they see fit within the confines of applicable laws and regulations.
Limited Real Rights: These rights grant certain specific privileges to individuals or entities without granting full ownership. Examples include servitudes (rights of way or access), leases (rights to use a property for a specified period), and personal servitudes (rights associated with a specific person).
Land Ownership Types: Land can be owned in various ways, including freehold title (full ownership), sectional title (ownership of an individual unit within a complex), and leasehold (ownership for a specified lease term).
Registration: To be legally recognised, Real Rights are often registered with the Deeds Office, which maintains records of property ownership and related rights. Registration provides a transparent and official record of property rights, reducing the risk of disputes.
Enforceability: Real Rights are legally enforceable, meaning that holders of these rights have legal recourse if their rights are infringed upon or if there are disputes related to property use and ownership.
Transferability: In most cases, Real Rights can be transferred to other parties through legal processes, such as property sales, leases, or the granting of servitudes.
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