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SUBDIVISION OF AGRICULTURAL LAND

While according to South African law, a person may dispose of their property in any way he or she sees fit, there are certain limitations when it comes to subdividing agricultural land.

Section 3 of the Subdivision of Agricultural Land Act (Act 70 of 1970) stipulates that agricultural land shall not be subdivided nor that any undivided share in agricultural land shall vest in any person, if such part is not already held by any person. What this means is that agricultural land can only be registered in the name of one person or entity.  

It is worth noting that it is also not possible to subdivide agricultural land in South African when selling a property due to the above legislative regulations. A farm may only be sold to one person or entity and as such, the offer to purchase cannot be made by more than one person. An exception to this would be if a couple is married in community of property as South African law views their estate as one. 

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