LPY 201 – LAW OF PROPERTY
EXAMINATION PAPER – 2018 SECOND SEMESTER
Question 1 [30]
1.1 A ‘thing’ is the legal object of a real right. It is the most important legal object. Things are
classified in six (6) categories. Distinguish between and discuss these categories. Also give
applicable examples of each. (12)
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
Compiled by:
A law student @SBS Page 1
EXAMINATION PAPER – 2018 SECOND SEMESTER
Question 1 [30]
1.1 A ‘thing’ is the legal object of a real right. It is the most important legal object. Things are
classified in six (6) categories. Distinguish between and discuss these categories. Also give
applicable examples of each. (12)
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
Compiled by:
A law student @SBS Page 1
