LAH3701
Assignment 1
Semester 2 2025
Unique No: 693782
Due 21 August 2025
, LAH3701
Assignment 1
Semester 2025
Due 21 August 2025
Question 1: Land Issues and Principles
This question examines various forms of land tenure and property rights in South Africa.
Each response identifies the correct legal term and provides a reasoned justification
based on historical, statutory, and contextual analysis.
a) Form of land tenure not permanent with a lease contract
Answer: Leasehold
Justification: Leasehold refers to land use based on a contractual agreement for a
limited duration. It is non-permanent and excludes ownership. In South African law,
leasehold rights are temporary and end upon expiration unless renewed (Silberberg &
Schoeman, 2015). Historically, urban leasehold was used to restrict tenure rights for
black South Africans.
b) Occupation for a 15-year period, renewable, with annual rental
Answer: Leasehold
Justification: This arrangement fits within leasehold, where occupation is granted for a
fixed period (15 years), renewable, with annual rent—typical features of a lease.
Though similar to historical loan farms or quitrent, those had differing tenure lengths or
implications. Leasehold remains the most accurate general classification (Badenhorst et
al., 2006).
Assignment 1
Semester 2 2025
Unique No: 693782
Due 21 August 2025
, LAH3701
Assignment 1
Semester 2025
Due 21 August 2025
Question 1: Land Issues and Principles
This question examines various forms of land tenure and property rights in South Africa.
Each response identifies the correct legal term and provides a reasoned justification
based on historical, statutory, and contextual analysis.
a) Form of land tenure not permanent with a lease contract
Answer: Leasehold
Justification: Leasehold refers to land use based on a contractual agreement for a
limited duration. It is non-permanent and excludes ownership. In South African law,
leasehold rights are temporary and end upon expiration unless renewed (Silberberg &
Schoeman, 2015). Historically, urban leasehold was used to restrict tenure rights for
black South Africans.
b) Occupation for a 15-year period, renewable, with annual rental
Answer: Leasehold
Justification: This arrangement fits within leasehold, where occupation is granted for a
fixed period (15 years), renewable, with annual rent—typical features of a lease.
Though similar to historical loan farms or quitrent, those had differing tenure lengths or
implications. Leasehold remains the most accurate general classification (Badenhorst et
al., 2006).
