PVL3701 Exam prep

LAW OF PROPERTY – EXAM PREP Name two types of limitations on ownership imposed in terms of the law (i) statutory (1) limitations (ii) limitations in terms of neighbour law (1) Discuss the limitations on ownership imposed in terms of the law. The law imposes limitations on ownership through statutory (1) limitations and neighbour law. (1) A distinction can be drawn between statutory limitations on movable (1) and immovable (1) things. The Firearms Control Act is an example of a statutory limitation on movable things (firearms). (1) The Subdivision of Agricultural Land Act is an example of a statutory limitation on immovable things. (1) Conflicting ownership rights must be regulated and harmonised. (1) One of the ways of achieving this is to restrict ownership in the interests of neighbours. Where properties border on one another, the manner in which one of the owners uses his/her property may considerably influence the other owners’’ enjoyment of their property. (1) A conflict of ownership rights may develop and the principles of neighbour law regulate these possible conflicts. (1) Nuisance, lateral and surface support, encroachments, surface water, party walls and fences and elimination of danger (1) are examples of instances where neighbour law will be applied. 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) Introduction For a successful reliance on his lien, Z must prove that he was in control (1) of the car and that he incurred expenses (1) in regard to the car. Z complies with both of these requirements; the only problem is the fact that he incurred these expenses in terms of his agreement with T. However, Z can rely on his lien even against the owner with whom he had no agreement (1) since enrichment liens (1) are limited real rights (1) which are based on the principle of unjust enrichment. (1) Body Two types of enrichment liens are distinguished, namely salvage and improvement liens. When someone incurs expenses that are necessary for the preservation of a thing (such as the installation of the driveshaft), (1) we are dealing with a salvage lien (1) and Z is entitled to retain the car until he is compensated for the amount by which the owner (Q) was enriched or he himself impoverished, whichever is the lesser. (1) It may therefore be less than R2600-00, (1) but normally it is the amount of the owner’s enrichment. When someone incurs expenses which are not necessary for the preservation of the thing, but which increase the market value (such as the device which improves petrol consumption), (1) we are dealing with an improvement lien (1) and Z is entitled to retain the car until he is compensated for the amount by which the market value (1) of the car has been increased. For the luxurious improvements which are prompted by a mere whim or caprice of a person (such as the replacement of the seat covers with leather seat covers), Z cannot claim compensation from Q and is therefore not entitled to a lien either. (1) Conclusion Therefore, Z is only entitled to retain the car until Q has compensated him for an amount of more or less R2600-00 for the crankshaft, together with the amount by which the market value of the car was increased by the installation of the device to improve petrol consumption. (1) Define real right (5) A real right is a lawful real (1) rela