PVL3701 - Property Law Exam Preparation Guide
2025 Edition
(Based on Susan Scott, Property Law Study Guide (Department of Private Law, UNISA 2016),
with 2025 corrections)
Compiled By The Brain-Lab Tutors
STUDY UNIT 1: INTRODUCTION TO PROPERTY LAW - THINGS AS LEGAL
OBJECTS
1. Introduction
Property Law forms part of private law and deals with the legal relationship between persons and
things. It regulates how ownership is acquired, used, protected, and lost. The law of things
provides rules that ensure legal certainty and the protection of property rights.
In practice, Property Law determines who owns what, how ownership can be transferred, and
what remedies are available when ownership is infringed. It is essential for maintaining order
and fairness in society because it defines how people may use and enjoy physical objects and
land.
Example:
When a person buys a motor vehicle, they acquire ownership, which gives them the legal power
to use and dispose of the car. If it is stolen, the owner may approach a court using the rei
vindicatio to reclaim it from whoever possesses it unlawfully.
2. Definitions
, • Property: Any object, tangible or intangible, that can form part of a legal relationship
between persons.
• Thing (res): A physical object that can be independently controlled, is identifiable, and is
of value to humans.
Classification Description Example
A tangible thing that can be touched or physically
Corporeal A car, a house, a chair.
controlled.
An intangible right or interest that cannot be A patent, servitude, lease,
Incorporeal
physically touched. or copyright.
Objects that can be moved without damage or loss of A cellphone, laptop, or
Movable
identity. motor vehicle.
Objects that cannot be moved without losing their
Immovable Land, buildings, or trees.
character or causing damage.
Correction Note:
In the original study guide, the example “choir” was used incorrectly; it should read “chair”
(Scott, 2016, 23).
3. Function of the Law of Things
The law of things serves several vital functions:
1. Protection of Ownership: It ensures that owners are protected against unlawful
interference.
2. Certainty in Transactions: It provides legal rules to guide property transfers, such as
registration of land.
3. Regulation of Use: It prevents property from being used in a manner that infringes
others’ rights or public interest.
4. Promotion of Justice: It balances individual rights with community needs.
Example:
A property owner cannot build a factory in a residential area without planning approval. This
restriction maintains the balance between private ownership and public welfare.
,4. Sources of Property Law
South African property law is derived from several sources:
Source Description Example
Common Roman-Dutch law forms the foundation
Principles of rei vindicatio.
law of ownership, possession, and servitudes.
Parliament enacts statutes that regulate Deeds Registries Act, Expropriation
Legislation
property relations. Act 13 of 2024, SPLUMA 16 of 2013.
Court judgments interpret and apply legal Air-Kel (Edms) Bpk v Bodenstein 1980
Case law
principles. (3) SA 917 (A).
Section 25 protects property from First National Bank v SARS 2002 (4)
Constitution
arbitrary deprivation. SA 768 (CC).
5. Things as Legal Objects
To qualify as a legal object, a thing must:
1. Exist in the external world.
2. Be under human control.
3. Be distinct and identifiable.
4. Be of value to humans.
5. Be lawful (not forbidden by law).
Example:
A dog, vehicle, or piece of land qualifies as a “thing” in law. Illegal goods, such as stolen items
or drugs, cannot be validly owned and are excluded as legal objects.
STUDY UNIT 2: REAL RIGHTS AND PERSONAL RIGHTS (CREDITOR’S RIGHTS)
1. Introduction
, Property law distinguishes between rights in a thing (real rights) and rights against a person
(personal or creditor’s rights). Understanding this difference is crucial for identifying the nature
of the rights being discussed in any legal dispute.
2. Real Rights
A real right gives a person direct control over a thing and is enforceable against everyone (erga
omnes).
Examples of Real Rights:
• Ownership
• Mortgage
• Servitude
• Pledge
Real rights “follow the thing,” meaning that they remain attached even if ownership of the thing
changes hands.
Example:
If a servitude (right of way) exists over land, it continues even after the land is sold to a new
owner.
3. Personal Rights
A personal right gives one person the right to claim performance (such as delivery, payment, or
action) from another specific person. It is enforceable only between the parties to the obligation.
Example:
When A leases a flat to B, A has a personal right to claim rent, and B has a personal right to
occupy the flat. This right does not automatically bind a new owner unless the lease is registered
or the tenant is in occupation.
4. The Subtraction from the Dominium Test
This test helps determine whether a right is real or personal:
A right is real if it subtracts from the ownership (dominium) of another person.
2025 Edition
(Based on Susan Scott, Property Law Study Guide (Department of Private Law, UNISA 2016),
with 2025 corrections)
Compiled By The Brain-Lab Tutors
STUDY UNIT 1: INTRODUCTION TO PROPERTY LAW - THINGS AS LEGAL
OBJECTS
1. Introduction
Property Law forms part of private law and deals with the legal relationship between persons and
things. It regulates how ownership is acquired, used, protected, and lost. The law of things
provides rules that ensure legal certainty and the protection of property rights.
In practice, Property Law determines who owns what, how ownership can be transferred, and
what remedies are available when ownership is infringed. It is essential for maintaining order
and fairness in society because it defines how people may use and enjoy physical objects and
land.
Example:
When a person buys a motor vehicle, they acquire ownership, which gives them the legal power
to use and dispose of the car. If it is stolen, the owner may approach a court using the rei
vindicatio to reclaim it from whoever possesses it unlawfully.
2. Definitions
, • Property: Any object, tangible or intangible, that can form part of a legal relationship
between persons.
• Thing (res): A physical object that can be independently controlled, is identifiable, and is
of value to humans.
Classification Description Example
A tangible thing that can be touched or physically
Corporeal A car, a house, a chair.
controlled.
An intangible right or interest that cannot be A patent, servitude, lease,
Incorporeal
physically touched. or copyright.
Objects that can be moved without damage or loss of A cellphone, laptop, or
Movable
identity. motor vehicle.
Objects that cannot be moved without losing their
Immovable Land, buildings, or trees.
character or causing damage.
Correction Note:
In the original study guide, the example “choir” was used incorrectly; it should read “chair”
(Scott, 2016, 23).
3. Function of the Law of Things
The law of things serves several vital functions:
1. Protection of Ownership: It ensures that owners are protected against unlawful
interference.
2. Certainty in Transactions: It provides legal rules to guide property transfers, such as
registration of land.
3. Regulation of Use: It prevents property from being used in a manner that infringes
others’ rights or public interest.
4. Promotion of Justice: It balances individual rights with community needs.
Example:
A property owner cannot build a factory in a residential area without planning approval. This
restriction maintains the balance between private ownership and public welfare.
,4. Sources of Property Law
South African property law is derived from several sources:
Source Description Example
Common Roman-Dutch law forms the foundation
Principles of rei vindicatio.
law of ownership, possession, and servitudes.
Parliament enacts statutes that regulate Deeds Registries Act, Expropriation
Legislation
property relations. Act 13 of 2024, SPLUMA 16 of 2013.
Court judgments interpret and apply legal Air-Kel (Edms) Bpk v Bodenstein 1980
Case law
principles. (3) SA 917 (A).
Section 25 protects property from First National Bank v SARS 2002 (4)
Constitution
arbitrary deprivation. SA 768 (CC).
5. Things as Legal Objects
To qualify as a legal object, a thing must:
1. Exist in the external world.
2. Be under human control.
3. Be distinct and identifiable.
4. Be of value to humans.
5. Be lawful (not forbidden by law).
Example:
A dog, vehicle, or piece of land qualifies as a “thing” in law. Illegal goods, such as stolen items
or drugs, cannot be validly owned and are excluded as legal objects.
STUDY UNIT 2: REAL RIGHTS AND PERSONAL RIGHTS (CREDITOR’S RIGHTS)
1. Introduction
, Property law distinguishes between rights in a thing (real rights) and rights against a person
(personal or creditor’s rights). Understanding this difference is crucial for identifying the nature
of the rights being discussed in any legal dispute.
2. Real Rights
A real right gives a person direct control over a thing and is enforceable against everyone (erga
omnes).
Examples of Real Rights:
• Ownership
• Mortgage
• Servitude
• Pledge
Real rights “follow the thing,” meaning that they remain attached even if ownership of the thing
changes hands.
Example:
If a servitude (right of way) exists over land, it continues even after the land is sold to a new
owner.
3. Personal Rights
A personal right gives one person the right to claim performance (such as delivery, payment, or
action) from another specific person. It is enforceable only between the parties to the obligation.
Example:
When A leases a flat to B, A has a personal right to claim rent, and B has a personal right to
occupy the flat. This right does not automatically bind a new owner unless the lease is registered
or the tenant is in occupation.
4. The Subtraction from the Dominium Test
This test helps determine whether a right is real or personal:
A right is real if it subtracts from the ownership (dominium) of another person.
