Law > Exam > Law of Property (PVL3701): Exam Latest: questions and answers Law of Property (University of South A (All)
Law of Property (PVL3701): Exam Questions and Answers Law of Property (University of South Africa) LAW OF PROPERTY – EXAM PREP Discuss the limitations on ownership imposed in terms of the law... . T steals Q’s car. T takes the car to Highway Motors, which undertakes to (i) install a new crankshaft (ii) install a device to improve petrol consumption (iii) replace the upholstery with leather upholstery In terms of their agreement, Twould pay R2600-00, R2000-00 and R3000-00 to Highway Motors for the above services respectively. On passing the garage, Q sees his car and institutes the rei vindicatio against Z, the owner of Highway Motors. Z, who was bona fide all the time, and who was under the impression that Twas the owner of the car, relies on his lien and alleges that he is entitled to keep the car until the full R7600-00 has been paid for his services. Discuss Z’s legal position (15) Body Two types of enrichment liens are distinguished, namely Conclusion Define real right (5) (b) law (5) (c) right (5) (d) legal subject (5) (e) legal object (2) (f) thing (5) (g) real remedy (5) Distinguish between (a) law of property and law of things (4) (b) real right and entitlement (5) (c) legal object and thing (4) (d) real relationship and real right (4) Briefly mention the functions of the law of things. (6) Name the sources of the current law of things in order of priority. (5) (i) Briefly distinguish between property and things. (5) consumable and non-consumable things Fungible and non-fungible things and explain the relevance of this distinction (7) Singular and composite things (5) Movables and Immovables (4) Divisible and Indivisible things (4) Composite things and a collection of things (4) Define (a) principal thing (3) (b) auxiliary thing (4) Define ‘‘thing’’. (5) Name the characteristics of a thing. (5) Briefly discuss the characteristics of a thing. (15) External to humans Independence Subject to human control Useful and valuable to humans Give an example from the below set of facts of the following types of things: Movable things: Immovable thing: Incorporeal thing: Composite thing: Principal thing: Accessory thing: Natural fruit: Civil fruit: Give three reasons why it is important to distinguish between movable and immovable things. Briefly explain and criticise the different tests/theories which are applied to determine whether a specific right is a real or a personal (creditor’s) right. (12) Two important theories that have gained acceptance over many years are: (i) the personalist theory (ii) the classical theory Personalist theory Criticism Classical theory Content Distinguish between real and personal rights under the following headings (a) object (2) (b) content (2) (c) remedies (2) (d) origin (2) (e) absoluteness (2) (f) preference (2) (g) publicity (2) Summarise Ex parte Geldenhuys (1926 OPD 155) briefly (in not more than 250 words). (10) The case must be discussed under the following headings: Facts (You can use the facts as simplified in the example.) Legal question Ratio decidendi Finding How is the subtraction from the dominium (ownership) test formulated in Ex parte Geldenhuys (1926 OPD 155)? (7) Briefly discuss the difference between ownership and limited real rights. (6) Define ownership. (7) Distinguish between ownership and its entitlements. (3) Name the entitlements of ownership. (7) Name and briefly describe with reference to examples the entitlements of ownership. (14) Use S decides to develop a part of his farm Highlands as a residential township but his attorney informs him that this will not be possible. Under the Physical Planning Act 125 of 1991 it appears that a regional development plan in terms of a physical planning scheme provides that the area is to be utilised for agricultural purposes only. (5) S approaches you for legal advice. Fully advise S on his legal position. Name any two statutory limitations on ownership. (2) Name the two categories of limitations imposed on ownership. (2) Name the two classes of limitations imposed in terms of the law. (2) State the purpose of neighbour law. (2) Briefly discuss the facts and decision in Malherbe v Ceres Municipality (1951 (4) SA 510 (A)). (10) X and Y are seriously affected by baboons that destroy their maize plants. X installs an apparatus to chase away the baboons on the boundary with his neighbour. The apparatus makes loud noises at regular intervals during the day and the night. The neighbour writes to X and Y to complain about the noise during the night, but X ignores the letter and refuses to speak to his neighbour on the telephone. X and his neighbour are not on speaking terms because his neighbour seriously insulted him a few years ago. The neighbour applies for an interdict ordering X and Y to stop the noise. X and Y rely on their ownership of the farm. They argue that they are entitled to do as they please on their property. Will this argument succeed? Substantiate your answer and refer to case law. (10) X and Y have a lucerne field on the only piece of fertile land with plenty of water. This lucerne field borders their neighbour’s farm. The new neighbour has planted a row of pine trees along the boundary between the two farms. The trees have grown big and the branches hang over the lucerne field. The pine trees cast a lot of shade and the pine needles fall onto the lucerne, killing large patches of it. Do X and Y have any remedies? Fully discuss the legal position with reference to case law. (10) X and Y own their farm, Waterford; X’s parents-in-law (Q and R) are owners of their farm Pulang and S is the owner of Highlands. M has a right of habitation in respect of the homestead on Waterford. S has a contract with X and Y in terms of which he can graze 100 head of cattle on the farm. S also has the right to drive undisturbed over Q and R’s farm. A mortgage bond is registered over Highlands in favour of the bank. Briefly mention the nature and extent of the limitations on the ownership of the following persons: (a) X and Y (10) Indicate the effect on third parties of the distinction between limitations imposed in terms of personal rights (creditors’’ rights) and limited real rights. Give examples to illustrate the different limitations. (10) Briefly discuss the difference between ownership and limited real rights. (6) Define appropriation. (5) What are the requirements for a successful reliance on acquisition of ownership by means of appropriation (occupatio)? What is the difference between original and derivative methods of acquisition of ownership? (5) Name and discuss the requirements of appropriation (occupatio). (10)m Mills was attempting to remove a large condenser from the Antipolis, a shipwreck, abandoned by its owners. He tied a rope with a buoy to a large condenser in the engine room. Together with its attached pipes and contents, the condenser weighed about 63 tons. Reck and Hartmann started to cut sections of the condenser loose to remove and sell them. Mills wished to stop them by means of a spoliation remedy and had to prove that he was in undisturbed physical control of the thing. Would Mills succeed in proving sufficient control for a successful reliance on the spoliation remedy? Refer to case law. (10) S and his friends go for a hunting weekend. S mortally wounds a kudu. The kudu manages to escape into dense bush. S gives up the search for the kudu when darkness falls. On his way home from a party, Z, one of the farm labourers, stumbles upon the wounded kudu. He fetches his friends and they slaughter the animal and take the meat to their respective homes. Z is accused of theft of the kudu. The state alleges that S was the owner of the kudu and that Z stole the kudu. To succeed the state will have to prove that S was the owner. Will the State succeed in proving this? Substantiate your answer with reference to case law. (10) Q and R, who are S’s grandparents, are lovers of game and they keep two impalas, a few kudus and a giraffe in a camp of approximately 250 to 300 hectares in extent. The camp is enclosed by a fence 1.68 m high. Q and R purchased the animals at an auction from a well-known game farmer who marks all his animals with the initials JR. Late one evening the game ranger leaves the gate open and the animals escape. S and his friends go hunting on S’s farm the following evening. They shoot four of the kudus. S’s grandparents, Q and R, are claiming the value of the animals from S and his friends because they argue that the game was their property. Will Q and R succeed? Substantiate your answer. (10) Sowing and planting S, the lessee of a section of Waterford, decides to build a dairy and stables on this farm which belongs to X and Y. S buys all the equipment to build the dairy from the cooperative, C. The cooperative reserves ownership of the equipment until the final instalment has been paid. A team of experts who work for C install the dairy under the supervision of S. They build the stable with bricks on a concrete floor. They also install all the pipes and tanks for the proper functioning of the dairy. Two years after S has started the dairy and before the cooperative has been paid in full, S becomes insolvent and the trustee of his insolvent estate argues that all the structures and equipment are movable assets which form part of the insolvent estate. X and Y claim that they became co-owners by means of accession, and the cooperative claims that it is the owner of the attachments. Advise (with reference to case law): (a) X and Y (10) (b) C, the cooperative (4) (c) the trustee of the insolvent estate (3) Answer Standard-Vacuum Refining Company operated an oil refinery on land belonging to it and situated within the municipal area of the Durban City Council. The latter, when assessing the appellant’sland for rating purposes, took into account the value of certain steel tanks which were part of the refinery. These tanks were used for storing unfinished and finished products. The valuators regarded the steel tanks as buildings on the land and therefore part of the immovable property. Standard- Vacuum Refining Company objected to the valuation and argued that the tanks were not buildings and therefore not part of the land. They regarded the tanks as movable things. Will Standard-Vacuum Company succeed in their objection to the valuation? Substantiate your answer with reference to the relevant case. (12) The original lessors owned certain immovable property situated at the corner of Smith Street and Albany Grove in Durban. A building (comprising a theatre, restaurant and other accommodation) which is known as ‘‘The Playhouse’’ stands on this property. In terms of a notarial lease agreement entered into on 6 December 1926, this property was leased to African Theatres Ltd. The original lessors formed the company Butcher Brothers (Pty) Ltd and transferred the immovable property to it in 1930. By a notarial agreement entered into on 11 May 1931 Butcher Brothers (Pty) Ltd and African Theatres Ltd amended the terms of the original lease in certain respects. The following terms of this lease are relevant: 1 The term of the lease was a period of 50 years from 1 January 1927 to 31 December 1976. 2 The lessee had the right to renew the lease for a further 49 years from 1 January 1977 to 31 December 2025. 3 The lessee undertook to proceed with the erection of the theatre and other buildings on the said immovable property to a value of not less than £55 000. 4 On termination of the lease or any renewal from any cause whatever all buildings and improvements on the immovable property were to ‘‘revert to and ipso facto become the absolute property of the lessors without their having to pay or being liable to the lessees for any compensation in respect of the said buildings or improvements’’. The original lessee duly erected the theatre and other buildings upon the immovable property and such buildings were named ‘‘The Playhouse’’. The buildings were solidly constructed and were elaborately finished and ornamented in a manner designed to give the appearance of an early English theatre. The buildings were large, comprising a theatre with 1762 seats on two levels, a foyer, gallery, restaurant and other accommodation. The theatre building was equipped with all that was necessary for its use as a theatre or cinema and restaurant complex and was commissioned for these purposes. The building has been used for the said purposes ever since. Among the equipment installed in the building when it was erected were theatre seats, fitted carpets, lighting and cinema projection equipment, and air-conditioning equipment with the necessary ancillary fittings and ducting. The lease was terminated and the lessee claimed that the theatre seats, fitted carpets, lighting and cinema projection equipment, as well as the air-conditioning equipment with the necessary ancillary fittings and ducting, remained movable and that as the owner it was entitled to remove them from the theatre. Will Theatre Investments succeed in claiming the above equipment from Butcher Brothers (the landlord)? Fully discuss with reference to the relevant case. (12) Define mixing. (6) Define manufacture. (4) Define acquisition of fruits. (5) Distinguish between different types of fruits. (3) Define expropriation. (6) Define prescription. (5) Name and briefly discuss the requirements for the passing of ownership. (7) Define delivery Delivery with the long hand A mining company erected an electrical substation and steel towers on its farm to convey electricity to its mining operations. The installations and substation were erected in accordance with Eskom’s specifications. Eskom supplied power to the mining company. Subsequently the mining company ceased operations and Eskom no longer supplied it with power. In 1981 Rollomatic purchased certain steel towers, which had previously been part of the electrical substation, from the mining company. In terms of the sale contract Rollomatic was responsible for the removal of the steel towers and their concrete foundations and for restoring the land to its original state. Delivery of the steel towers to Rollomatic would take place after the latter had made the necessary arrangements with an official of the mining company, which still owned the farm. No such arrangements were ever made and Rollomatic left the steel towers on the farm. The managing director of Rollomatic had, in his personal capacity, hired the farm for grazing purposes, but the fenced-off area on which the substation and steel towers stood was expressly excluded from the lease. Eskom later decided to put the substation into operation again and purchased a small portion of the farm upon which the substation and steel towers stood from the mining company. It took transfer of that portion of the farm in January 1986. Eskom again used the steel towers, which were still standing there, as an integral part of the new substation. When Rollomatic sent its employees in May 1987 to remove the steel towers, they could not do so because of the erection of the new substation. Rollomatic is claiming delivery of the steel towers to it by means of the rei vindicatio. It claims that it has become the owner of the steel towers. Which form of delivery is relevant here? Will Rollomatic succeed with its claim? Substantiate your answer with reference to case law. (12) Describe or explain delivery with the short hand with reference to an example. Define constitutum possessorium Define the rei vindicatio Define Estoppel Define Interdict (The requirements for an interdict are therefore as follows: Define the condictio furtiva. Requirements Define Actio ad exhibendum Requirements Aquilian Action The following must be proved to succeed with the Aquilian action (actio legis Aquiliae): Name the three main groups in terms of which ownership is terminated. Mention the three subgroups in which the legal relationship between an owner and his/her thing is terminated. (3) Transfer of ownership A person loses ownership of his/her thing when he/she transfers it to another person by means of delivery or registration. Ownership is terminated by operation of law, for example in accession, acquisitive prescription, Whole thing Alienation or burdening Discuss the Aquilian action as an action for the protection of possession and holdership, under the following headings: (i) nature of the action (1) (ii) who can claim? Motivate your answer. (3) (iii) against whom action can be instituted? (2) (iv) what can be claimed? (1) S sells part of his farm to Z, a developer, who wants to develop the land as a township. After Z has obtained permission for the development, he lays out the area in terms of township establishment legislation as Newtown Extension 1. Newtown Extension 1 consists of 30 stands of 500 square metres each. Against the title deeds of each stand in Newtown Extension 1 a condition of title is inserted into all the title deeds which provides that only a single residential dwelling house may be erected on the stand. Explain how a court could interpret whether the condition of title would constitute a deprivation in terms of section 25(1) of the Constitution. (5) [Show More]
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