Property Law Exam Pack / Detailed Questions and Model Answers 2025
Property Law Exam, Detailed Questions
and Model Answers
1. Interdict -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
2. Requirements for an interdict.
ANSWER-- a clear right
- An actual or reasonably apprehended violation of a right
- No similar protection by any other ordinary remedy
3. Delivery with the short hand?
ANSWER-- no transfer of physical control takes place since the transferee is
already in control of the thing, although not as the owner
4. Entitlements?
ANSWER-- Capacities conferred on the legal subject by virtue of a right, in this
case the real right of ownership
- emanate from rights
5. Consumable - ANSWER-Things that are used up or their value is
considerably diminished by ordinary use e.g. pencils, food stuffs
6. Non consumable - ANSWER-Are preserved in spite of normal use e.g. car,
stove
7. Property?
- ANSWER-- Everything that forms part of a person’s 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
8. Things?
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, Property Law Exam Pack / Detailed Questions and Model Answers 2025
- ANSWER-- 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
9. Derivative method of acquisition of ownership
ANSWER-- Occur with the cooperation of a predecessor in title
- Right which the transferee obtains is derived from the former owner
10. Original method of acquisition of ownership
ANSWER- Used when there is no cooperation from a predecessor in title
- Where there is no transfer of ownership.
11. Requirements for a successful reliance on the condictio furtiva?
ANSWER-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
12. Name factors that will be considered by a court in determining the amount
of compensation for an expropriation into S25 of Constitution?
ANSWER
-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.
13. What are Requirements for rei vindication?
- ANSWER-Plaintiff must prove on a balance of probabilities that
- He is the owner
- The thing exists and is identifiable
- The defendant is in control
14. Ownership? - ANSWER-Ownership can be defined as the most
comprehensive real right that a person can have with regards to his/her thing. In
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Property Law Exam, Detailed Questions
and Model Answers
1. Interdict -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
2. Requirements for an interdict.
ANSWER-- a clear right
- An actual or reasonably apprehended violation of a right
- No similar protection by any other ordinary remedy
3. Delivery with the short hand?
ANSWER-- no transfer of physical control takes place since the transferee is
already in control of the thing, although not as the owner
4. Entitlements?
ANSWER-- Capacities conferred on the legal subject by virtue of a right, in this
case the real right of ownership
- emanate from rights
5. Consumable - ANSWER-Things that are used up or their value is
considerably diminished by ordinary use e.g. pencils, food stuffs
6. Non consumable - ANSWER-Are preserved in spite of normal use e.g. car,
stove
7. Property?
- ANSWER-- Everything that forms part of a person’s 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
8. Things?
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, Property Law Exam Pack / Detailed Questions and Model Answers 2025
- ANSWER-- 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
9. Derivative method of acquisition of ownership
ANSWER-- Occur with the cooperation of a predecessor in title
- Right which the transferee obtains is derived from the former owner
10. Original method of acquisition of ownership
ANSWER- Used when there is no cooperation from a predecessor in title
- Where there is no transfer of ownership.
11. Requirements for a successful reliance on the condictio furtiva?
ANSWER-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
12. Name factors that will be considered by a court in determining the amount
of compensation for an expropriation into S25 of Constitution?
ANSWER
-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.
13. What are Requirements for rei vindication?
- ANSWER-Plaintiff must prove on a balance of probabilities that
- He is the owner
- The thing exists and is identifiable
- The defendant is in control
14. Ownership? - ANSWER-Ownership can be defined as the most
comprehensive real right that a person can have with regards to his/her thing. In
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