Throughout South Africa, there are still properties, often large properties, that are held by Permission to Occupy rights (“PTOs”). We often come across these rights in former rural areas including those that are now used for commercial or industrial purposes.
A PTO can be defined as a user right of a personal nature allowing use or occupation over rural, unsurveyed land. Although registerable in several state departments PTOs are not registrable in the Deeds Office and does not transfer ownership of the land to occupant.