2020
PVL 3701
LAW OF PROPERTY
LATEST EXAM REVISION
PACK
EXAM QUESTION PAPERS
AND ANSWERS FROM JUNE
2020 EXAM PAPER TO 2016
1
,MAY / JUNE 2020 - EXAMINATION
1. Which one of the following things is a composite thing?
[1] a painting
[2] a roll of denim material
[3] a wild animal
[4] a bicycle (2)
2. Which one of the following real relationships is always lawful?
[1] bona fide possession
[2] ownership
[3] holdership
[4] mala fide possession (2)
3. Indicate the correct option.
In Ex Parte Geldenhuys (1926 OPD 155) the court formulated a test to
determine the distinction between:
[1] ownership and personal rights
[2] personal rights and real rights
[3] real rights and limited real rights
[4] personal servitudes and personal rights (2)
4. Peter donates a part of his farm to his daughter, Amy. They obtain
permission to subdivide the farm and Amy erects a fence on the new
boundary. Amy fetches Peter and together they drink a toast at the
new gate. Peter says to Amy: “Amy, I am glad that this piece of land is
now your property!”
What type of right does Amy have with regard to the land?
[1] real right
[2] personal right
[3] limited real right
[4] none of the above (2)
2
,5. Sandy has been leasing a flat since January 2020. After two months the
owner of the flat, Silas, asks her whether she wants to buy the flat. She
agrees but is not sure how she will become the owner of the flat. Her
friend, Jane (a law student), explains the position to Sandy. Which of
the following statements is incorrect?
[1] During February 2020 Sandy had a personal right against Silas to
live in the flat.
[2] Ownership over the flat will be transferred from Silas to Sandy through
registration in the deeds registry.
[3] Ownership over the flat will be transferred through delivery with the
short hand because Sandy is already in control of the flat.
[4] Once Sandy is the owner of the flat she obtains a real right over the
flat. This real right can be limited by the law and the rights of others.
(2)
6. Which one of the following things can be regarded as a res nullius?
[1] a Persian cat sleeping in the neighbour’s living room
[2] an impala roaming in the bushes
[3] a domesticated tiger living in his owner’s house
[4] a kudu kept on a private game farm for hunting purposes (2)
7. Which one of the following statements, about valid defences against
the rei vindicatio, is incorrect?
[1] An owner of land who wants to evict persons residing on his land
unlawfully, may only do so if he obtains a court order for their
eviction.
[2] An owner who leads third parties to believe that someone else is the
owner of his/her thing, cannot reclaim his/her thing from a third
party who relied on this misrepresentation and in that way acted to
his/her (third party) detriment.
[3] An owner whose things were sold, by mistake, at a judicial sale in
3
, execution of judgment, may reclaim his things from any bona fide
purchaser who bought the things and took delivery thereof.
4
PVL 3701
LAW OF PROPERTY
LATEST EXAM REVISION
PACK
EXAM QUESTION PAPERS
AND ANSWERS FROM JUNE
2020 EXAM PAPER TO 2016
1
,MAY / JUNE 2020 - EXAMINATION
1. Which one of the following things is a composite thing?
[1] a painting
[2] a roll of denim material
[3] a wild animal
[4] a bicycle (2)
2. Which one of the following real relationships is always lawful?
[1] bona fide possession
[2] ownership
[3] holdership
[4] mala fide possession (2)
3. Indicate the correct option.
In Ex Parte Geldenhuys (1926 OPD 155) the court formulated a test to
determine the distinction between:
[1] ownership and personal rights
[2] personal rights and real rights
[3] real rights and limited real rights
[4] personal servitudes and personal rights (2)
4. Peter donates a part of his farm to his daughter, Amy. They obtain
permission to subdivide the farm and Amy erects a fence on the new
boundary. Amy fetches Peter and together they drink a toast at the
new gate. Peter says to Amy: “Amy, I am glad that this piece of land is
now your property!”
What type of right does Amy have with regard to the land?
[1] real right
[2] personal right
[3] limited real right
[4] none of the above (2)
2
,5. Sandy has been leasing a flat since January 2020. After two months the
owner of the flat, Silas, asks her whether she wants to buy the flat. She
agrees but is not sure how she will become the owner of the flat. Her
friend, Jane (a law student), explains the position to Sandy. Which of
the following statements is incorrect?
[1] During February 2020 Sandy had a personal right against Silas to
live in the flat.
[2] Ownership over the flat will be transferred from Silas to Sandy through
registration in the deeds registry.
[3] Ownership over the flat will be transferred through delivery with the
short hand because Sandy is already in control of the flat.
[4] Once Sandy is the owner of the flat she obtains a real right over the
flat. This real right can be limited by the law and the rights of others.
(2)
6. Which one of the following things can be regarded as a res nullius?
[1] a Persian cat sleeping in the neighbour’s living room
[2] an impala roaming in the bushes
[3] a domesticated tiger living in his owner’s house
[4] a kudu kept on a private game farm for hunting purposes (2)
7. Which one of the following statements, about valid defences against
the rei vindicatio, is incorrect?
[1] An owner of land who wants to evict persons residing on his land
unlawfully, may only do so if he obtains a court order for their
eviction.
[2] An owner who leads third parties to believe that someone else is the
owner of his/her thing, cannot reclaim his/her thing from a third
party who relied on this misrepresentation and in that way acted to
his/her (third party) detriment.
[3] An owner whose things were sold, by mistake, at a judicial sale in
3
, execution of judgment, may reclaim his things from any bona fide
purchaser who bought the things and took delivery thereof.
4
