USEFUL INFORMATION

Reversionary rights
29 July 2010

INTRODUCTION
A reversionary right is a condition which provides that, on the happening of a prescribed event, ownership of the property will revert back to a previous owner or, if so expressed, to the heirs of the previous owner if since deceased, or their successors in title.

Local authorities often sell property subject to a condition that the purchaser must erect a dwelling on the said property within a specified period of time, failing which the property will revert back to the local authority. Failure to erect the building within the specified period of time, brings about the reversion.

From the outset one must distinguish between a reversionary right that binds successors in title and one that merely binds the existing owner. Reversionary rights not binding successors in title could be deemed to be personal rights not capable of being registerable, in terms of section 63 of the Deeds Registries Act 47 of 1937 ("the Act"). However, despite the prohibition contained in the aforesaid section there are nonreal rights (not binding successors in title) which by immemorial practice and custom have been allowed to be included in deeds. Preemptive rights proper and reversionary rights proper being examples of such nonreal rights (see in this regard Ex parte Zunckel 1937 NPD 295).

Difficulties on the interpretation of a reversionary right arise and every condition must be treated on its own merits and no general rule can be followed.

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