PVL3701 - Property Law 2025 update|comprehensive
questions and verified answers (complete solutions)
GRADE A+!!
Interdict - ✔✔ANSW✔✔A summary court order applied for on an urgent basis. Applicant
may apply for an order forcing a person to do something or to refrain from doing
something. Speedy remedy where rights have been infringed or are about to be
infringed
Requirements for an interdict - ✔✔ANSW✔✔- a clear right
- an actual or reasonably apprehended violation of a right
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
Delivery with the short hand? - ✔✔ANSW✔✔- no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - ✔✔ANSW✔✔- capacities conferred on the legal subject by virtue of a
right, in this case the real right of ownership
- emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate
Consumable - ✔✔ANSW✔✔things that are used up or their value is considerably
diminished by ordinary use eg pencils, food stuffs
Non consumable - ✔✔ANSW✔✔are preserved in spite of normal use eg car, stove
Property? - ✔✔ANSW✔✔- everything that forms part of a persons estate
- in narrow sense, refers to the law of things which is the system of legal rules that
regulates legal relationships between legal subjects in regard to a particular legal object,
namely a thing
Things? - ✔✔ANSW✔✔- a branch of private law which consists of a number of legal
rules that determine the nature, context, vesting, protection, transfer and termination of
various real relationships between a legal subject and a thing as well as the rights and
duties ensuing from these relationships
, Derivative method of acquisition of ownership - ✔✔ANSW✔✔- occur with the
cooperation of a predecessor in title
- right which the transferee obtains is derived from the former owner
- predecessor in title should himself have been the owner and have been entitled to
transfer ownership
Original method of acquisition of ownership - ✔✔ANSW✔✔- used when there is no
cooperation from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? -
✔✔ANSW✔✔Applicant must prove
- ownership or retention of a lawful interest from the date of theft to the date of institution
of the action
- theft or removal of the thing with deceitful intent
- if the action is not instituted against the thief or deceitful remover, that the defendant is
the heir of the former
Name factors that will be considered by a court in determining the amount of
compensation for an expropriation ito S25 of Constitution? - ✔✔ANSW✔✔- current use
of the property
- history of the acquisition and use of the property
- market value of the property
- the extent of direct State investments and subsidy in the acquisition and beneficial
capital improvement of the property
- the purpose of the expropriation
Requirements for rei vindicatio - ✔✔ANSW✔✔Plaintiff must prove on a balance of
probabilities that
- he is the owner
- the thing exists and is identifiable
- the defendant is in control
Ownership? - ✔✔ANSW✔✔Ownership can be defined as the most comprehensive real
right that a person can have with regards to his/her thing. In principle, a person can act
upon and with his/her thing as he/she pleases. This apparent freedom is restricted,
however by the law and the rights of others
Possession? - ✔✔ANSW✔✔Physical control of a thing with the intention of an owner,
which is always unlawful and is therefore only a real relationship, not a real right
Personalist theory - ✔✔ANSW✔✔- emphasis is placed on the person against who the
right may be enforced
- a real right operates absolutely, in the sense that it is enforceable against "the world at
large"
questions and verified answers (complete solutions)
GRADE A+!!
Interdict - ✔✔ANSW✔✔A summary court order applied for on an urgent basis. Applicant
may apply for an order forcing a person to do something or to refrain from doing
something. Speedy remedy where rights have been infringed or are about to be
infringed
Requirements for an interdict - ✔✔ANSW✔✔- a clear right
- an actual or reasonably apprehended violation of a right
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
Delivery with the short hand? - ✔✔ANSW✔✔- no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - ✔✔ANSW✔✔- capacities conferred on the legal subject by virtue of a
right, in this case the real right of ownership
- emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate
Consumable - ✔✔ANSW✔✔things that are used up or their value is considerably
diminished by ordinary use eg pencils, food stuffs
Non consumable - ✔✔ANSW✔✔are preserved in spite of normal use eg car, stove
Property? - ✔✔ANSW✔✔- everything that forms part of a persons estate
- in narrow sense, refers to the law of things which is the system of legal rules that
regulates legal relationships between legal subjects in regard to a particular legal object,
namely a thing
Things? - ✔✔ANSW✔✔- a branch of private law which consists of a number of legal
rules that determine the nature, context, vesting, protection, transfer and termination of
various real relationships between a legal subject and a thing as well as the rights and
duties ensuing from these relationships
, Derivative method of acquisition of ownership - ✔✔ANSW✔✔- occur with the
cooperation of a predecessor in title
- right which the transferee obtains is derived from the former owner
- predecessor in title should himself have been the owner and have been entitled to
transfer ownership
Original method of acquisition of ownership - ✔✔ANSW✔✔- used when there is no
cooperation from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? -
✔✔ANSW✔✔Applicant must prove
- ownership or retention of a lawful interest from the date of theft to the date of institution
of the action
- theft or removal of the thing with deceitful intent
- if the action is not instituted against the thief or deceitful remover, that the defendant is
the heir of the former
Name factors that will be considered by a court in determining the amount of
compensation for an expropriation ito S25 of Constitution? - ✔✔ANSW✔✔- current use
of the property
- history of the acquisition and use of the property
- market value of the property
- the extent of direct State investments and subsidy in the acquisition and beneficial
capital improvement of the property
- the purpose of the expropriation
Requirements for rei vindicatio - ✔✔ANSW✔✔Plaintiff must prove on a balance of
probabilities that
- he is the owner
- the thing exists and is identifiable
- the defendant is in control
Ownership? - ✔✔ANSW✔✔Ownership can be defined as the most comprehensive real
right that a person can have with regards to his/her thing. In principle, a person can act
upon and with his/her thing as he/she pleases. This apparent freedom is restricted,
however by the law and the rights of others
Possession? - ✔✔ANSW✔✔Physical control of a thing with the intention of an owner,
which is always unlawful and is therefore only a real relationship, not a real right
Personalist theory - ✔✔ANSW✔✔- emphasis is placed on the person against who the
right may be enforced
- a real right operates absolutely, in the sense that it is enforceable against "the world at
large"
