PVL3701 - Property Law
PVL3701 - PROPERTY LAW 2025
QUESTIONS AND ANSWERS
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
Requirements for an interdict - - 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? - - no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - - 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 - things that are used up or their value is considerably diminished by
ordinary use eg pencils, food stuffs
Non consumable - are preserved in spite of normal use eg car, stove
Property? - - everything that forms part of a persons estate
PVL3701 - Property Law
, PVL3701 - Property Law
- 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? - - 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 - - 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 - - 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? - 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? - - current use of the property
- history of the acquisition and use of the property
- market value of the property
PVL3701 - Property Law
PVL3701 - PROPERTY LAW 2025
QUESTIONS AND ANSWERS
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
Requirements for an interdict - - 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? - - no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - - 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 - things that are used up or their value is considerably diminished by
ordinary use eg pencils, food stuffs
Non consumable - are preserved in spite of normal use eg car, stove
Property? - - everything that forms part of a persons estate
PVL3701 - Property Law
, PVL3701 - Property Law
- 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? - - 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 - - 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 - - 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? - 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? - - current use of the property
- history of the acquisition and use of the property
- market value of the property
PVL3701 - Property Law
