LPY201 – LAW OF PROPERTY
EXAMINATION PAPER – 2018 FIRST SEMESTER
Question 1[32]
1.1 A ‘thing’ is the legal object of a real right. It is the most important legal object. List
the categories that things are classified as and explain each one briefly and give an
example of each.
Things are classified as:
➢ negotiable and non-negotiable things
➢ singular and composite things
➢ movable and immovable things
➢ fungible and non-fungible things
➢ consumable and non-consumable things
➢ divisible and indivisible things
Negotiable and non-negotiable things
Negotiable things - are owned by a natural or legal person or things in a deceased or
insolvent estate – res alicuius
➢ Things capable of being owned but which, at a particular stage, are not owned
by anyone – res nullius. Examples include wild animals, birds, fish and insects
which are wild by nature and have never been owned by any person. Ownership
of these things may be acquired through appropriation.
➢ Things no longer within the physical control of an owner and in respect of which
the owner no longer has the intention to be the owner (animus domini) – res
deperiditae. Such things can also be acquired by another person by means of
appropriation.
➢ Things lost and no longer within the physical control of the owner, but in respect
of which the owner has not lost the intention to be owner (animus domini) – res
deperditae. Such things cannot be acquired by another person by means of
appropriation.
Not negotiable - Natural resources falling outside legal commerce and which are
available to all people, for example air and running water (res communes omnium).
➢ There are, however, certain statutory limitations regarding these things in terms
of the National Water Act 36 of 1998 and the National Environmental
Management: Air Quality Act 39 of 2004.
➢ Things owned by the state and used directly for the public's benefit, for instance
public roads, national parks, the sea and beaches (res publicae). However, not all
state property falls outside legal commerce, and state land and public buildings
are usually negotiable.
Singular and composite things
Page 1
Compiled by:
A law student @ SBS
EXAMINATION PAPER – 2018 FIRST SEMESTER
Question 1[32]
1.1 A ‘thing’ is the legal object of a real right. It is the most important legal object. List
the categories that things are classified as and explain each one briefly and give an
example of each.
Things are classified as:
➢ negotiable and non-negotiable things
➢ singular and composite things
➢ movable and immovable things
➢ fungible and non-fungible things
➢ consumable and non-consumable things
➢ divisible and indivisible things
Negotiable and non-negotiable things
Negotiable things - are owned by a natural or legal person or things in a deceased or
insolvent estate – res alicuius
➢ Things capable of being owned but which, at a particular stage, are not owned
by anyone – res nullius. Examples include wild animals, birds, fish and insects
which are wild by nature and have never been owned by any person. Ownership
of these things may be acquired through appropriation.
➢ Things no longer within the physical control of an owner and in respect of which
the owner no longer has the intention to be the owner (animus domini) – res
deperiditae. Such things can also be acquired by another person by means of
appropriation.
➢ Things lost and no longer within the physical control of the owner, but in respect
of which the owner has not lost the intention to be owner (animus domini) – res
deperditae. Such things cannot be acquired by another person by means of
appropriation.
Not negotiable - Natural resources falling outside legal commerce and which are
available to all people, for example air and running water (res communes omnium).
➢ There are, however, certain statutory limitations regarding these things in terms
of the National Water Act 36 of 1998 and the National Environmental
Management: Air Quality Act 39 of 2004.
➢ Things owned by the state and used directly for the public's benefit, for instance
public roads, national parks, the sea and beaches (res publicae). However, not all
state property falls outside legal commerce, and state land and public buildings
are usually negotiable.
Singular and composite things
Page 1
Compiled by:
A law student @ SBS
