Trust Land Rights

The Board sees real estate management as its major core function and encourages development on its land which will be of benefit to the various communities not only from a rental income point of view but also through employment and other opportunities.

Sales of Trust land

The Board does not usually agree to the sale of land as this could have the effect of diminishing the area of land in Black ownership. Occasionally however, where the circumstances indicate that a sale is the logical approach and with the consent of the relevant Traditional Council (if any) land is sold.

In the very few instances where land is sold, the Board is committed to getting the best possible price so as to maximize the benefits to the beneficiaries of the Trust.

Leases of Trust land

In most cases the Board prefers to enter into leases for the use of Trust land. Ownership thus remains with the Trust for ultimate transfer in due course to its beneficiaries.

It is standard policy, in the case of undeveloped sites, to issue a short term lease for up to two years to enable would-be developers to obtain planning and environmental consents and to secure finance for the development.
Thereafter a lease for a term of up to forty years with an option to renew for a further forty years is normally granted once the requirements of the short term lease have been met.

Shorter term leases are however granted for agricultural uses and for short to medium term developments. Unless there are exceptional cases the Board charges a market related rent and lessees are responsible for all outgoings including assessment rates and other Municipal charges and for obtaining any necessary environmental or development planning consents.

Permission to Occupy

In addition to applications for commercial and agricultural purposes the Board processes many applications for residential sites. Many of these sites are the subject of Permissions to Occupy which were granted up until 1st April 2007.

Permissions to Occupy are no longer issued, except in exceptional circumstances as they afford limited security for funding and are not registrable interests.

Servitudes

The Board has a considerable amount of public infrastructure on its land such as roads, transmission lines, pipelines, bulk water and, railway lines. It is standard policy for such infrastructure to be evidenced by a registered deed of servitude.

Applications for Tenure Rights

Applicants for tenure rights on Trust land are required to complete and return a Tenure Option Application Form. FormITB1 can be viewed or downloaded from this website. The Board attempts to process these applications as timeously as possible but delays may occur if the information requested has not been fully supplied or where a site survey is required.

Traditional Council Consent

It is a requirement of the Ingonyama Trust legislation that the formal consent of the relevant Traditional Council be obtained before a tenure rights application can be processed.

This should be in the form of the draft pro-form ITB2 which can be viewed or downloaded from this website.

It is important to note that this formal consent is only required where the subject site falls within a proclaimed Traditional Council area. Applicants should confirm this with the Board’s Secretariat before approach is made to a Traditional Council.

Specific Enquiries

For general information, tenure application queries and land ownership queries please contact the relevant desk officer in the Secretariat as shown under the heading “Where to find us” on this website.