Land is the heart of farming. Without secure access to it, no crops can be planted and no livestock can be raised. Yet many small-scale farmers in South Africa operate on land that is informally allocated or used based on verbal promises. This leaves them vulnerable to disputes and eviction. A written lease or land-use agreement provides certainty and protection, ensuring that the effort and money invested in farming does not go to waste.

By Molisa Cheda, Founder and Managing Director of Vanguard Legal

Why Agreements Matter

Imagine investing months of work in preparing land, installing fencing and planting crops, only to be told to vacate the property before harvest. Without a clear agreement, the farmer has little legal protection. Written agreements protect both the farmer and the landowner. They create clarity about rights, responsibilities and expectations. They also help prevent misunderstandings that can sour relationships and disrupt operations.

Key Elements of a Lease or Land-use Agreement

A good agreement should set out the following:

Description of the land: The exact size, boundaries and location.
Duration: How long the farmer may use the land. Seasonal arrangements are common but longer leases provide more security.
Payment terms: Whether rent is paid in cash, as a share of profits or through another arrangement.
Improvements: Who owns improvements such as boreholes, irrigation systems, fencing or buildings when the lease ends.
Termination: The conditions under which either party can end the agreement and the notice period required.
Use of the land: Whether it may be used only for specific crops or livestock, or for general agricultural purposes.

Also read: Business registration and structuring for farmers: All you need to know

Common Mistakes to Avoid

Many farmers rely on handshake deals, especially when land is provided by family members or traditional authorities. Although trust is important, oral agreements are difficult to enforce if disputes arise. Another common mistake is failing to address what happens if the landowner sells the property or passes away. Without proper provisions, the farmer may suddenly lose access to the land.

Customary and Communal Land

In rural areas, many farmers use communal land administered by traditional leaders. In such cases, land allocation is often governed by custom rather than formal title deeds. Still, it is wise to obtain written confirmation of the allocation, witnessed by the local council or community authority. This can serve as proof of use rights when dealing with lenders, government agencies or potential buyers.

Also read: How to access Land Bank’s farmer support programmes

The Road to Stability

Access to land is often the biggest challenge for small-scale farmers. A secure lease or land-use agreement gives them the stability to plan for the long term, invest in infrastructure and build lasting relationships with buyers. It also provides the legal backing needed to approach banks or government agencies for support.

Farming without a lease is farming on shaky ground. A clear agreement protects both parties and lays the foundation for a more secure and productive future.

* Molisa Cheda is the Founder and Managing Director of Vanguard Legal , which is focused on providing simple and accessible legal support.

Disclaimer: The views expressed in this article are solely those of Molisa Cheda and do not necessarily reflect the views of African Farming or other associated parties.