UNIVERSITY OF SOUTH AFRICA (UNISA)
College of Law Department of Private Law
⋄
EXAM REVISION PACK
PVL3701 LAW OF PROPERTY
Question & Answer Format
⋄
Module Code: PVL3701
Module Name: Law of Property
Papers Covered: May/June 2025 & Oct/Nov 2023
Format: Question then Comprehensive Answer
Referencing: OSCOLA (Law)
Predicted Qs: Yes included at the end
Edition: 2025 Revision Edition
Compiled for exam preparation only. Questions from o
cial UNISA examination papers.
Answers based on the PVL3701 Study Guide, prescribed case law, and legislation.
,UNISA | PVL3701 Law of Property Exam Revision Pack 2025
Contents
1 PAPER 1 May/June 2025 Examination 2
1.1 Question 1 [35 Marks] . . . . . . . . . . . . . . . 2
1.2 Question 2 [35 Marks] . . . . . . . . . . . . . . . 8
1.3 Question 3 [30 Marks] . . . . . . . . . . . . . . . 12
2 PAPER 2 Oct/Nov 2023 Examination 16
2.1 Question 1 [29 Marks] . . . . . . . . . . . . . . . 16
2.2 Question 2 [43 Marks] . . . . . . . . . . . . . . . 20
2.3 Question 3 [14 Marks] . . . . . . . . . . . . . . . 26
2.4 Question 4 [9 Marks] . . . . . . . . . . . . . . . . 28
2.5 Question 5 [5 Marks] . . . . . . . . . . . . . . . . 29
3 Predicted Examination Questions for PVL3701 31
Table of Cases 34
Table of Legislation 34
Bibliography 34
Page 1 of 34
,UNISA | PVL3701 Law of Property Exam Revision Pack 2025
PAPER 1 May/June 2025 Examination
Paper: PVL3701 Law of Property Date: 19 May 2025 Duration: 4 Hours
Total Marks: 100
Examiners: Prof L Kiewitz, Prof IM Knobel, Mr LM Kutu (First); Prof LR Ng-
wenyama (Second); Dr T Kotzé (External)
Open-book take-home examination. Answer all questions. Substantiate answers with
reference to the Study Guide, case law, and legislation. Do not exceed the stated line
limits.
Factual Scenario
Two UNISA postgraduate students, John and his best friend Karabo, are inspired by
a news story about three men who cycled from Limpopo to Cape Town. They decide
to cycle from Durban to Upington. They estimate they will each need R15 000 (total
R30 000) for day-to-day expenses.
John is currently serving articles at a law
rm and does not own a bicycle. He shares
his plan with Thebe, a senior partner and avid cyclist, who oers to rent John one
of his bicycles for R500 per week. John collects the bicycle at Thebe's house. John
earns R8 000 per month and owns a valuable gaming laptop which he seldom
uses.
Karabo works part-time at the UNISA law library, earns R5 000 per month, and
owns his own bicycle but does not have R15 000 for the trip.
Question 1 [35 Marks]
Question 1.1 [12 marks] (not to exceed 20 lines)
Identify and describe the nature of John's real relationship with the bicycle he is
renting from Thebe. Provide clear reasons for your answer.
Model Answer
John holds the bicycle in terms of a lease (huur) agreement, which means his real
relationship with the bicycle is one of detention (detentor or holder). In South African
property law, a real relationship arises when a legal subject exercises control over a
thing in a legally recognised way (Study Guide PVL3701, p 90).
Analysis of John's control: A real relationship may take the form of possession
(possessio) or mere detention (detentio). The critical distinction lies in the subjective
Page 2 of 34
, UNISA | PVL3701 Law of Property Exam Revision Pack 2025
element (animus ):
A possessor exercises control with animus domini treating the thing as his own.
A detentor/holder exercises physical control nomine alieno (on behalf of an-
other), acknowledging another person's superior right (Study Guide, p 120121).
John exercises corpus (physical control) over the bicycle he collects it and uses it for
the cycling trip. However, the rental contract at R500 per week makes it clear that
John recognises Thebe as the owner. He is not claiming the bicycle as his own. He
therefore exercises control nomine alieno and is a detentor arising from a lease
(Study Guide, p 120).
Consequences: As a detentor, John acquires a personal right (creditor's right)
against Thebe the right to use the bicycle for the duration of the lease. He does not
acquire a limited real right in the bicycle. He cannot independently rely on possessory
remedies such as the mandament van spolie in his own name, as those are available to
possessors. His rights
ow from the contract of lease (Study Guide, p 9697).
Key Legal Distinction
Possessor vs Detentor: A possessor acts as if the thing is his (e.g., a thief ).
A detentor acts on behalf of another and acknowledges the owner's right (e.g.,
a lessee, a borrower, an employee using company equipment). John is clearly a
detentor because the rental contract explicitly recognises Thebe's ownership.
Question 1.2 [6 marks] (not to exceed 10 lines)
Although John and Karabo successfully completed the cycling challenge and have re-
turned to Durban, John, who has developed a passion for cycling, asks Thebe whether
he can purchase the bicycle he rented. Thebe informs John that he can have the
bicycle for free. Brie
y explain how ownership of the bicycle will legally transfer to
John.
Model Answer
Ownership of the bicycle will transfer to John through the original method of deriva-
tive acquisition by means of tradition (traditio) underpinned by a donation as
the underlying iusta causa (Study Guide, p 6466).
In South African law, for ownership of a movable to pass by tradition, two requirements
must be met:
1. A valid iusta causa : A lawful reason justifying the transfer. Here, Thebe's oer
Page 3 of 34
College of Law Department of Private Law
⋄
EXAM REVISION PACK
PVL3701 LAW OF PROPERTY
Question & Answer Format
⋄
Module Code: PVL3701
Module Name: Law of Property
Papers Covered: May/June 2025 & Oct/Nov 2023
Format: Question then Comprehensive Answer
Referencing: OSCOLA (Law)
Predicted Qs: Yes included at the end
Edition: 2025 Revision Edition
Compiled for exam preparation only. Questions from o
cial UNISA examination papers.
Answers based on the PVL3701 Study Guide, prescribed case law, and legislation.
,UNISA | PVL3701 Law of Property Exam Revision Pack 2025
Contents
1 PAPER 1 May/June 2025 Examination 2
1.1 Question 1 [35 Marks] . . . . . . . . . . . . . . . 2
1.2 Question 2 [35 Marks] . . . . . . . . . . . . . . . 8
1.3 Question 3 [30 Marks] . . . . . . . . . . . . . . . 12
2 PAPER 2 Oct/Nov 2023 Examination 16
2.1 Question 1 [29 Marks] . . . . . . . . . . . . . . . 16
2.2 Question 2 [43 Marks] . . . . . . . . . . . . . . . 20
2.3 Question 3 [14 Marks] . . . . . . . . . . . . . . . 26
2.4 Question 4 [9 Marks] . . . . . . . . . . . . . . . . 28
2.5 Question 5 [5 Marks] . . . . . . . . . . . . . . . . 29
3 Predicted Examination Questions for PVL3701 31
Table of Cases 34
Table of Legislation 34
Bibliography 34
Page 1 of 34
,UNISA | PVL3701 Law of Property Exam Revision Pack 2025
PAPER 1 May/June 2025 Examination
Paper: PVL3701 Law of Property Date: 19 May 2025 Duration: 4 Hours
Total Marks: 100
Examiners: Prof L Kiewitz, Prof IM Knobel, Mr LM Kutu (First); Prof LR Ng-
wenyama (Second); Dr T Kotzé (External)
Open-book take-home examination. Answer all questions. Substantiate answers with
reference to the Study Guide, case law, and legislation. Do not exceed the stated line
limits.
Factual Scenario
Two UNISA postgraduate students, John and his best friend Karabo, are inspired by
a news story about three men who cycled from Limpopo to Cape Town. They decide
to cycle from Durban to Upington. They estimate they will each need R15 000 (total
R30 000) for day-to-day expenses.
John is currently serving articles at a law
rm and does not own a bicycle. He shares
his plan with Thebe, a senior partner and avid cyclist, who oers to rent John one
of his bicycles for R500 per week. John collects the bicycle at Thebe's house. John
earns R8 000 per month and owns a valuable gaming laptop which he seldom
uses.
Karabo works part-time at the UNISA law library, earns R5 000 per month, and
owns his own bicycle but does not have R15 000 for the trip.
Question 1 [35 Marks]
Question 1.1 [12 marks] (not to exceed 20 lines)
Identify and describe the nature of John's real relationship with the bicycle he is
renting from Thebe. Provide clear reasons for your answer.
Model Answer
John holds the bicycle in terms of a lease (huur) agreement, which means his real
relationship with the bicycle is one of detention (detentor or holder). In South African
property law, a real relationship arises when a legal subject exercises control over a
thing in a legally recognised way (Study Guide PVL3701, p 90).
Analysis of John's control: A real relationship may take the form of possession
(possessio) or mere detention (detentio). The critical distinction lies in the subjective
Page 2 of 34
, UNISA | PVL3701 Law of Property Exam Revision Pack 2025
element (animus ):
A possessor exercises control with animus domini treating the thing as his own.
A detentor/holder exercises physical control nomine alieno (on behalf of an-
other), acknowledging another person's superior right (Study Guide, p 120121).
John exercises corpus (physical control) over the bicycle he collects it and uses it for
the cycling trip. However, the rental contract at R500 per week makes it clear that
John recognises Thebe as the owner. He is not claiming the bicycle as his own. He
therefore exercises control nomine alieno and is a detentor arising from a lease
(Study Guide, p 120).
Consequences: As a detentor, John acquires a personal right (creditor's right)
against Thebe the right to use the bicycle for the duration of the lease. He does not
acquire a limited real right in the bicycle. He cannot independently rely on possessory
remedies such as the mandament van spolie in his own name, as those are available to
possessors. His rights
ow from the contract of lease (Study Guide, p 9697).
Key Legal Distinction
Possessor vs Detentor: A possessor acts as if the thing is his (e.g., a thief ).
A detentor acts on behalf of another and acknowledges the owner's right (e.g.,
a lessee, a borrower, an employee using company equipment). John is clearly a
detentor because the rental contract explicitly recognises Thebe's ownership.
Question 1.2 [6 marks] (not to exceed 10 lines)
Although John and Karabo successfully completed the cycling challenge and have re-
turned to Durban, John, who has developed a passion for cycling, asks Thebe whether
he can purchase the bicycle he rented. Thebe informs John that he can have the
bicycle for free. Brie
y explain how ownership of the bicycle will legally transfer to
John.
Model Answer
Ownership of the bicycle will transfer to John through the original method of deriva-
tive acquisition by means of tradition (traditio) underpinned by a donation as
the underlying iusta causa (Study Guide, p 6466).
In South African law, for ownership of a movable to pass by tradition, two requirements
must be met:
1. A valid iusta causa : A lawful reason justifying the transfer. Here, Thebe's oer
Page 3 of 34
