PVL3701/101/3/2018

Tutorial Letter 101/3/2018

Property Law
PVL3701

Semester 1 and 2

Department of Private Law

This tutorial letter contains important information

about your module.

BARCODE
 CONTENTS

Page

1 INTRODUCTION .......................................................................................................................... 3
2 PURPOSE AND OUTCOMES ...................................................................................................... 3
2.1 Purpose ........................................................................................................................................ 3
2.2 Outcomes ..................................................................................................................................... 3
3 LECTURERS AND CONTACT DETAILS ..................................................................................... 4
3.1 Lecturers....................................................................................................................................... 4
3.2 Department ................................................................................................................................... 5
3.3 University ...................................................................................................................................... 5
4 RESOURCES ............................................................................................................................... 5
4.1 Prescribed books .......................................................................................................................... 5
4.2 Recommended books ................................................................................................................... 5
4.3 Study material ............................................................................................................................... 5
4.4 Library services and resources information ................................................................................... 8
5 STUDY PLAN ............................................................................................................................... 8
6 ASSESSMENT ............................................................................................................................. 9
6.1 General information ...................................................................................................................... 9
6.2 Submission ................................................................................................................................. 10
6.3 Semester mark and admission to write the examination ............................................................. 10
6.4 Assignment numbers and due dates ........................................................................................... 11
6.5 The assignments ........................................................................................................................ 12
6.6 The examination ......................................................................................................................... 28
7 FREQUENTLY ASKED QUESTIONS ........................................................................................ 29
8 APPENDIX 1: STUDENT ACADEMIC INTEGRITY DECLARATION FORM .............................. 30

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1 INTRODUCTION
Dear Student
We are pleased to welcome you to this module. We trust that you will find it both interesting and
rewarding. We will do our best to make your study of this module successful. You will be well
on your way to success if you start studying early in the semester and resolve to complete the
assignments properly.

Apart from this one, you may receive additional tutorial letters during the semester.

This tutorial letter contains important information. We urge you to read it carefully and to keep it
at hand when working through the study material, preparing the assignments, preparing for the
examination and addressing questions to your lecturers.

In this tutorial letter (101), you will find the assignments and assessment criteria as well as
instructions on the preparation and submission of the assignments. It also provides all the
information you need with regard to the prescribed study material and other resources.
Furthermore we inform you on how to obtain the study material. Please read this information
carefully and make sure that you obtain the prescribed material as soon as possible.

We also included certain general and administrative information about this module. Please read
this section of the tutorial letter carefully.

Right from the start we would like to point out that you must read all the tutorial letters you
receive during the semester immediately and carefully, as they always contain important and,
sometimes, urgent information.

We trust that you will enjoy this module and wish you all the best!

2 PURPOSE AND OUTCOMES

2.1 Purpose
The purpose of this module is for students to gain knowledge, skills, attitudes and competencies
to analyse and solve problems relating to the general principles of property law in South Africa,
as well as basic research skills in the practice of law. The module incorporates principles
relating to transformative constitutionalism, Ubuntu, social responsibility, graduateness and
humanisation within the context of the law of property.
2.2 Outcomes
A range of tasks in the Study Guide and/or tutorial letters, assignments and examinations will
show that students have achieved the following outcomes:
Outcome 1
Recognise and interpret the role of property law in current South African law and everyday life.

Outcome 2
Demonstrate an understanding of the theoretical framework of, and the most pressing and
prevalent issues regarding the law of property by critically evaluating legal material (the
Constitution, legislation and case law) relating to the law of property.
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Outcome 3

Apply the principles of property law in practical situations and solve multi-dimensional legal
problems associated with property law.

Outcome 4

Understand the legal methods of enquiry and research in property law by using legal sources.

3 LECTURERS AND CONTACT DETAILS

3.1 Lecturers
All queries that are not of a purely administrative nature but are about the contents of this
module should be addressed to us. Please have your tutorial material with you when you
contact us by telephone.
Letters should be sent to:
The Module leader (PVL3701)
Department of Private Law
PO Box 392
UNISA
0003

PLEASE NOTE: Letters to lecturers may not be enclosed with or inserted into
assignments.
You may contact us by telephone on the following numbers:

Mr Lefa Ntsoane (012) 429-4467 (until 28 February 2018)

Dr Tumi Mmusinyane (012) 429-8496

Dr Mitzi Wiese (012) 429-8466 / 0832599450

Telephone calls made to us when we are not available will be forwarded to an answering
machine. You can therefore leave voicemail messages for your lecturers at any time of the day
or night. We shall reply as soon as possible.

You are welcome to visit us to discuss any queries about or problems with the module. We are
usually on campus between 08h00 and 14h00. However, please make an appointment
beforehand, otherwise you run the risk of the lecturer not being available to see you.Our offices
are on the sixth floor of the Cas van Vuuren Building, Main Campus, Muckleneuk Ridge,
Pretoria. Our office numbers are as follows:

Mr Lefa Ntsoane Cas van Vuuren Building Room 6-42 (until 28 February 2018)

Dr Tumi Mmusinyane Cas van Vuuren Building Room 6-12

Dr Mitzi Wiese Cas van Vuuren Building Room 6- 38

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Students may contact the lecturers by means of e-mail.

Our e-mail addresses are as follows:

Mr Lefa Nsoane ntsoals@unisa.ac.za (until 28 February 2018)

Dr Tumi Mmusinyane mmusibo@unisa.ac.za
Dr Mitzi Wiese wiesem@unisa.ac.za
3.2 Department
The contact number for the Department of Private Law is (012) 429 8418.
3.3 University
If you need to contact the University about matters not related to the content of this module,
please consult the publication Study @ Unisa which you received with your study material. This
booklet contains information on how to contact the University (e.g. to whom you write, important
telephone and fax numbers, addresses and details of the times certain facilities are open).

Always have your student number at hand when you call the University.

4 RESOURCES
4.1 Prescribed books
There are no prescribed books for this module.
4.2 Recommended books
There are no recommended books for this module.
4.3 Study material
The study material for this module consists of the following:

 A Study Guide

This Study Guide is divided into three (3) parts. In Part I we supply general
information regarding this module. Part II contains an example which comprises a set
of facts that serve as a practical illustration of most of the legal relationships which
you will encounter in this module. The example is used as a basis for studying this
module on the law of property. Part III is the study manual. The study material for this
module is divided into 15 weeks (study units). Each study unit comprises one or
more topics. Every study unit starts with facets of the example in Part II to illustrate
the relevant legal issues that are discussed in that particular study unit. Each study
unit is concluded with questions. All the questions are relevant to the topic of that
particular study unit. Many of these questions are followed by an answer or
comprehensive commentary. Please take note that these answers and the
commentary forms part of your study material and should therefore be studied
thoroughly.

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  Additional tutorial letter/s which you will receive during the semester

Apart from Tutorial Letter 101, you will receive at least one more tutorial letter during
the semester which contains the commentary on the assignments. It is also possible
that additional tutorial letters will be sent out should the need arise, for example to
inform you about important new developments in the subject.

 Prescribed cases - electronic reserves

We appreciate that it is almost impossible to read all the cases cited in the Study
Guide in the time at your disposal. A selection has therefore been made of the most
important prescribed cases which you must read yourself. Some of the cases
included in the list below are leading ones; others may contain an informative
discussion, a succinct statement of principles or a set of facts that illustrates such
principles. Although we prescribe only a few cases which you must read yourself,
you would be well advised to read as many additional cases as possible, to become
adept at swiftly reading through and appraising a case, something which will be of
inestimable value to you in practice later on. It is also advisable that you try to read
the relevant cases in the law reports as they appear each month, as this will enable
you to keep abreast of the latest developments in property law.
The list of prescribed cases supplied below therefore contains those cases that
you must read and summarise yourself. For the purposes of assignments and
examinations, a thorough knowledge of these cases is essential! You should bear in
mind that the cases discussed in the Study Guide which do not appear in the list
below are also very important and should be studied carefully. They must be
studied to the extent that they are discussed in your Study Guide. Decisions by
our courts are an important source of the law. When a case dealing with a certain
aspect is discussed in the Study Guide we expect you to refer to that case as
authority for that specific aspect both in assignments and in the examination, even
though such a case is not in the list of prescribed cases which you must read
personally.
The cases in the list below have to be obtained from the library and must be studied
thoroughly. You must study these cases in conjunction with the Study Guide. This
will help you to obtain insight in the relevant principles and their application.

PLEASE NOTE: Both the assignments and the examination contain

questions regarding the prescribed cases. You will only
be able to answer these questions if you have read the
cases.

The prescribed cases are available online in the Electronic Reserves.

o Go to the Unisa Library website.

o In the middle of your screen you will see a column with the heading: “Search
the library”.
o The third bullet under that heading is: “Find e-reserves & Recommended
books”.
o Click on that and enter the module code PVL3701.
o A list with all the prescribed cases will appear.
o Click on a case name to open the judgment.
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Study Unit 2:

Ex parte Geldenhuys 1926 OPD 155

Study Unit 4:

MacDonald Ltd v Radin NO and the Potchefstroom Dairies and Industries Co Ltd
1915 AD 454

Study Unit 5:

Info Plus v Scheelke 1998 (3) SA 184 (SCA)

Study Unit 9:

Nino Bonino v De Lange 1906 TS 120

Telkom SA Ltd v Xsinet (Pty) Ltd 2003 (5) SA 309 (SCA)

Study Unit 10:

Willoughby’s Consolidated Co Ltd v Copthall Stores Ltd 1913 AD 267

Grant v Stonestreet 1968 (4) SA 1 (A)

Study Unit 11:

Mapenduka v Ashington 1919 AD 33

Study Unit 13:

First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue
Service: First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA
768 (CC) (also reported at [2002] 7 BCLR 702 (CC))

PLEASE REMEMBER THAT ALL OTHER CASES TO WHICH WE

REFER IN THE STUDY GUIDE SHOULD BE STUDIED TO THE
EXTENT THAT THEY ARE DISCUSSED IN THE STUDY GUIDE.
Of the abovementioned study material, the Department of Despatch will supply you with
 the Study Guide
 tutorial letters

PLEASE NOTE: All the above-mentioned tutorial material will not necessarily be
available at the time of your registration. IT WILL BE SENT TO YOU AS
SOON AS IT IS AVAILABLE.
You can also view, download and print the Study Guide and tutorial letters on the
University’s online campus, myUnisa, (under “official study material”) at
http://my.unisa.ac.za.

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4.4 Library services and resources information
For brief information, go to www.unisa.ac.za/brochures/studies

For detailed information, go to the Unisa website at http://www.unisa.ac.za/ and click on

Library.

For research support and services of personal librarians, go to

http://www.unisa.ac.za/Default.asp?Cmd=ViewContent&ContentID=7102.

The Library has compiled a number of library guides:

 finding recommended reading in the print collection and e-reserves –

http://libguides.unisa.ac.za/request/undergrad
 requesting material – http://libguides.unisa.ac.za/request/request
 postgraduate information services – http://libguides.unisa.ac.za/request/postgrad
 finding, obtaining and using library resources and tools to assist in doing research –
http://libguides.unisa.ac.za/Research_Skills
 how to contact the library/finding us on social media/frequently asked questions –
http://libguides.unisa.ac.za/ask

Free computer and internet access

Unisa has entered into partnerships with establishments (“Telecentres”) in various locations
across South Africa to enable you (as a Unisa student) free access to computers and the
Internet. This access enables you to conduct the following academic activities: registration;
online submission of assignments; engaging in e-tutoring activities etcetera. Please note that
any other activity such as printing, photocopying, etcetera is for your own account. For more
information on the Telecentre nearest to you, please visit www.unisa.ac.za/telecentres.

5 STUDY PLAN
It is difficult to suggest a study plan that would suit all students who are registered for this
module. It is however, necessary to work out a study plan for yourself and to keep to it
stringently. As a point of departure you can take note of the following:
 There are fifteen study units in the Study Guide that you must master together with
the prescribed cases to which we refer in paragraph 4.3 above.
The fifteen study units in this module on Property Law cover the following main topics (parts).
The approximate mark allocation for examination purposes with regard to each part is
indicated in brackets:

Part 1 (study units 1-2): Introduction, things as legal objects and real rights and personal
rights (10%)
Part 2 (study units 3-7): Ownership: definition of, limitations on, original acquisition of,
derivative acquisition of, protection of, termination of and co-
ownership (40%)
Part 3 (study units 8-9): Possession and holdership: nature of, protection of and
termination of (15%)

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Part 4 (study units 10-12): Limited real rights: introduction, servitudes, restrictive
conditions, pledge, security by means of claims, mortgage,
tacit mortgages, mineral rights, water rights and tenant’s
rights (25%)
Part 5 (study units 13-15): Constitutional property law, land reform and additional forms
of statutory land use (10%)

The abovementioned mark allocation should give you an indication of the amount of time that
you should spend on each section.

 When you work out a study plan you should take note of the submission dates of the
assignments.

 Please remember that the semester is very short and that you should use your time
optimally throughout the semester to have enough time to revise the study material
before the examination.

6 ASSESSMENT
6.1 General information

PLEASE NOTE THAT NO EXTENSION FOR SUBMISSION OF ASSIGNMENTS

IS POSSIBLE.
Assignments are part of the learning material for this module. When you do the assignments,
study the Study Guide and prescribed cases or discuss the contents of the module with fellow
students, you are actively engaged in learning.

You will receive the correct answers for multiple-choice questions upon submission
automatically. For written assignments, markers will comment constructively on your work.
However, general feedback on the compulsory assignments will be sent to all students
registered for this module in a follow-up tutorial letter, and not only to those students who
submitted the assignments. The tutorial letter number will be 201, 202, etcetera.

As soon as you receive the feedback, please check your answers. Completing the assignments
and reading the feedback on these assignments constitute an integral part of your learning and
should help you to be better prepared for the examination.

PLEASE NOTE: Although students may work together when preparing assignments,
each student must write and submit his or her own individual
assignment. In other words, you must submit your own ideas in your
own words, sometimes interspersing relevant short quotations that
are properly referenced. It is unacceptable for students to submit
identical assignments on the basis that they worked together. That is
copying (a form of plagiarism) and none of these assignments will be
marked. Furthermore, you may be penalised or subjected to
disciplinary proceedings by the university.

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6.2 Submission

Students may submit their assignments via myUnisa, the post or UNISA official assignment
boxes.

Submission of assignments via myUnisa is fast and reliable. It is also the easiest method to
submit an assignment. Simply follow the guidelines on myUnisa.

We advise you to submit all your assignments via myUnisa. Assignments submitted via
myUnisa reach us on time and prevents numerous administrative problems and delays
which can be caused by postal submissions. Always keep copies of your assignments.

If you cannot submit your assignments on myUnisa and must submit it via post it should be
addressed to:

The Registrar
PO Box 392
UNISA
0003

 Assignment 01 is a written assignment.

 Assignment 02 is an assignment consisting of multiple-choice questions.

6.3 Semester mark and admission to write the examination

All students who submit assignment 01 in time (before or on the date of submission) will be
admitted to the examination, regardless of the mark obtained. In other words, a student who
submitted the compulsory assignment, but obtained 0%, will be allowed to sit for the
examination. Assignment 02 is, however, also compulsory to determine your semester mark
which counts 20% of your final mark. Students who do not submit compulsory assignment 01
before or on the due date, will not receive admission to the examination and students who
fail to submit compulsory assignment 02 will get 0%. They forfeit the possibility to establish a
good semester mark!
How does this work in practice?
Your final mark for the module will be a combination of your semester mark for the
compulsory assignments (assignment 01 and assignment 02) and your examination mark. The
examination mark will contribute 80% towards your final mark.
Please note: You have to obtain at least 40% in the examination for your semester
mark to be taken into consideration for your final mark.

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6.4 Assignment numbers and due dates

 Remember that your assignments must be numbered number 01 and number 02.

 Remember to indicate the unique assignment numbers on your assignments.

 The submission dates for the compulsory assignments are:

Semester Assignment 01 Assignment 02

Submission date Submission date

First First 19 March 2018 26 April 2018

Second 20 August 2018 25 September 2018

PLEASE NOTE: Students who submit the assignment long before the closing date will have
to wait for their results until all the assignments have been marked. No
results will be available before the closing date of the assignment.

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6.5 The assignments
COMPULSORY ASSIGNMENTS

FIRST SEMESTER

ASSIGNMENT 01: Semester 1

CLOSING DATE: 19 MARCH 2018
UNIQUE ASSIGNMENT NUMBER: 800785
No extension whatsoever will be granted for submission of this assignment and you
are requested not to apply for extension under any circumstances.
REMEMBER:
· This is a written assignment.
· Your mark out of 20, will count 50% towards your semester mark.
· Your answer (excluding a cover sheet and your name, student number and
assignment details) should not exceed two typed A4 pages or three neatly handwritten
A4 pages. You will be penalised if you exceed the prescribed length.

Before you answer the questions of this assignment, work through Study Units 1-9 very
carefully.

In Study Unit 1 we introduce you to three real relationships, namely:

 ownership

 possession and

 holdership

The definition, limitation, acquisition, protection and termination of ownership are dealt with in
Study Units 3-6. Study Unit 7 deals with co-ownership. The nature, protection and termination of
possession and holdership are discussed in Study Units 8 and 9.

QUESTION 1

(a) Can it be said that ownership is an “unrestricted right”? Substantiate your answer. (3)

(b) What does the entitlement “to burden” ones property entail? Give one practical example
of this entitlement. (2)

(c) Briefly discuss the meaning of original acquisition of ownership and derivative acquisition
of ownership. Do not mention examples in your answer. (4)
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QUESTION 2

In Study Unit 6 we define the rei vindicatio as a real action with which an owner can claim
his/her thing from whoever is in control of it unlawfully. In Study Unit 9 we define the spoliation
remedy as a summary remedy issued upon urgent application aimed at restoring control of a
thing to the applicant from whom it was taken by means of unlawful self-help, without
investigating the merits of the original rights of the parties to control the thing.

In view of this, read Nino Bonino v De Lange (1906 TS 120) which concerned the spoliation
remedy.

Summarise the Innes CJ’s judgment under the following headings:

 Facts

 Legal question

 Ratio decidendi

 Judgment
Take note of the following:

Description Mark

Facts

Give a brief summary of the most relevant facts of the case. 1

Legal question

What is the legal question that the case dealt with? 1

Ratio decidendi

Briefly discuss the court’s reasons for its decision (ratio decidendi). 4

Judgment

Give a brief summary of the outcome of the decision. 1

Refer to the relevant pages of the case which you consulted in each part of your
summary. 2

Use of your own words as far as possible. Do not rewrite (“copy and paste”)
summaries that you found on the internet or in other sources – you will be 1
penalised.

Include “Student academic integrity declaration form” and a Bibliography in

assignment 1

Total 11

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 ASSIGNMENT 02: Semester 1
CLOSING DATE: 26 APRIL 2018
UNIQUE ASSIGNMENT NUMBER: 809480
No extension whatsoever will be granted for submission of this assignment and you
are requested not to apply for extension under any circumstances.
REMEMBER:

 Answer this assignment electronically on myUnisa or on the mark-reading sheet.

 No assignment cover must be sent with the mark-reading sheet.
 Your mark out of 10, will count 50% towards your semester mark.

ANSWER THE QUESTIONS BY CHOOSING OPTION (1), (2), (3) OR (4) AND BY
INDICATING YOUR CHOICES ELECTRONICALLY ON myUNISA OR ON THE MARK-
READING SHEET.
Each question counts 1 (one) mark.

QUESTION 1

The following paragraph is quoted from the Pretoria News of the 3rd of August 2017:

A BARKING dog is a “nuisance” to neighbours and therefore punishable. This is in

accordance with a new city by-law, which will become law once it has been been
[sic] promulgated - published in the Provincial Gazette - by city manager Moeketsi
Mosola.

“If an environmental health practitioner is of the opinion that a dog is creating a

disturbance or a nuisance, he or she may order the owner of the dog to remove
the dog from the place,” the by-law states.

Indicate the incorrect statement in view of the abovementioned quote.

(1) A barking dog which causes personal infringement to a neighbour’s right of use and
enjoyment of his/her own property is an example of nuisance in the narrow sense.

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(2) Nuisance is a branch of neighbour law which is regarded as a limitation on ownership (of
the dog) imposed by law.
(3) A barking dog which causes personal infringement to a neighbour’s right of use and
enjoyment of his/her own property is an example of nuisance in the broad sense.
(4) Once the by-law is enacted it (the by-law) will constitute a limitation on ownership (of the
dog) imposed by law.

QUESTION 2

Angela walks down Modiri Molema Street in Mahikeng when she sees a small shiny thing on
the sidewalk next to a municipal dustbin. She decides to investigate and finds a gold necklace
with a broken clip. She picks up the necklace and puts it in her handbag. On her way home, she
sees you and tells you about her good fortune finding the gold necklace. How would you, as a
law student, respond?

Indicate the most suitable statement.

(1) Angela will become owner of the gold necklace through appropriation if she can prove
that the previous owner lost the gold necklace.
(2) Angela cannot become the owner of the gold necklace because transfer of ownership of
valuable movable things must take place by means of physical delivery of the thing from
the transferor to the transferee.
(3) Angela became owner of the gold necklace by means of treasure trove when she took
physical control of it.
(4) Angela became owner of the gold necklace through appropriation if she can prove that
the previous owner abandoned his/her ownership by throwing it in the municipal dustbin.

QUESTION 3

Indicate the correct answer.

The sources of the current law of things, in order of priority, are …

(1) the Constitution of the Republic of South Africa, 1996; case law; statute law; common law
and indigenous law (same level).

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(2) the Constitution of the Republic of South Africa, 1996; case law; common law;
indigenous law and statute law.
(3) the Constitution of the Republic of South Africa, 1996; indigenous law; statute law; case
law and common law.
(4) the Constitution of the Republic of South Africa, 1996; statute law; case law; common law
and indigenous law (same level).

READ THE FOLLOWING SET OF FACTS AND THEN ANSWER QUESTIONS 4-5.

A new chief executive officer was appointed at Marula Mine in Limpopo. Three managers at
Marula Mine were not satisfied with the appointment. They set fire to one of the mine’s busses.
Although the fire brigade tried to put out the fire, the bus was damaged beyond repair.

QUESTION 4

Which remedy does Marula Mine have against the three managers to recover the damages?

(1) rei vindicatio

(2) actio ad exhibendum
(3) condictio furtiva
(4) actio negatoria

QUESTION 5

Without the mine’s permission, a tow-truck agency, Wow-Tow, tows the bus to its scrap yard.
Wow-Tow strips the bus wreck of all its parts and throws all the small screws with other screws
from other car wrecks on a pile – ready for recycling.

Indicate the correct option.

(1) Marula Mine can claim the parts, including the screws, from Wow-Tow with the rei
vindicatio.
(2) Because the bus was damaged beyond repair it is excluded from commerce (res extra
commercium) and is no longer susceptible of ownership.
(3) The bus became a res nullius when it was damaged beyond repair when it burned out
and Wow-Tow became owner thereof through appropriation (occupatio) when they took
physical control of it.
(4) Wow-Tow became owner of the screws through mixing of solids (commixtio).
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QUESTION 6

Ben is the owner of a big erf in Durban. He subdivides the erf and Nina buys the subdivided erf
behind Ben’s erf. Her erf has no access to the street and Ben gives Nina permission to use the
road over his erf to get access the street. After two years Ben and Nina has a disagreement
about Nina’s dogs and Ben refuses to let Nina use the road.

You are Nina’s attorney. How will you advise her? Indicate the most suitable option.

(1) Nina obtained a mere personal right in terms of the agreement between herself and Ben
and cannot insist on using the road.
(2) Nina obtained a personal servitude over the front erf and may exercise her right of
servitude regardless of Ben’s permission.
(3) Ben merely gave Nina permission and he may revoke it at any time. Nina can, however,
apply to court for a permanent way of necessity.
(4) Nina can apply to court for an order of specific performance that Ben must allow her to
use the road.

QUESTION 7

Indicate the wrong option.

In Telkom Ltd v Xsinet (Pty) Ltd (2003 (5) SA 309 (SCA))

(1) the Supreme Court of Appeal held that specific performance of a contractual right had
never been allowed under the spoliation remedy.

(2) Jones AJA stated that Xsinet’s use of the telephones, lines, modems or electrical
impulses, clearly gave it “possession” of the connection of its corporeal property.

(3) it was indicated that the spoliation remedy originally only protected the physical
possession of movable or immovable property, but later on a need arose to also protect
certain rights.

(4) Jones AJA indicated that an objection against the idea of “quasi-possession” of a right
was that it caused confusion between contractual remedies and remedies which were
designed to protect real rights.
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QUESTION 8

Indicate the correct option.

Sam has entered into a servitude agreement with Charles in terms of which Charles grants Sam
the right to use the road to Sam’s farm that crosses Charles’s farm. This agreement is in writing,
but is not registered. Charles sells the farm. The new owner knows about the servitude
agreement but refuses to allow Sam to use the road.

In terms of Grant v Stonestreet (1968 (4) SA 1 (A)), Sam’s legal position is the following:

(1) In terms of the doctrine of notice, Sam obtained a limited real right to use the road and
the new owner must respect this real right.

(2) Sam has no legal remedy and the new owner does not have to allow Sam to use the
road, because the servitude agreement was not registered.

(3) A buyer (new owner) who has knowledge of the existence of the servitude agreement is
bound to register the servitude in terms of the doctrine of notice.

(4) As Charles’s successor in title, the new owner must adhere to the servitude agreement
and allow Sam to use the road.

QUESTION 9

Indicate the correct option.

Jacob wants to mine for coal on Peter’s farm. Which one of the following statements is in line
with the provisions of the Mineral and Petroleum Resources Development Act 28 of 2002?

(1) As the owner of the farm Peter may grant prospecting and mineral rights to Jacob to
mine for coal on his farm.

(2) Peter and Jacob must register the prospecting and mineral rights granted to Jacob by
Peter in the deeds office.

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(3) The state is the owner of all minerals and may grant Jacob prospecting and mineral
rights with regards to the coal on Peter’s land.

(4) The prospecting and mining rights granted to Jacob by the state are limited real rights but
registration in the deeds office is not required.

QUESTION 10

Indicate the wrong option with regards to deprivation and expropriation of property in terms
of Section 25 of the Constitution.

(1) Deprivation can be seen as “regulation”, “limitation” and “restriction” of property. It is

any interference with the use and enjoyment of private property.

(2) Expropriation should be compensated taking into account the factors contained in
Section 25(3) of the Constitution.

(3) Deprivation is a type of expropriation and involves the actual taking away of private
property by the state. Compensation is payable for deprivation.

(4) A valid expropriation should take place in terms of a law of general application.

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 COMPULSORY ASSIGNMENTS

SECOND SEMESTER

ASSIGNMENT 01: Semester 2

CLOSING DATE: 20 AUGUST 2018

UNIQUE ASSIGNMENT NUMBER: 786835

No extension whatsoever will be granted for submission of this assignment and you are
requested not to apply for extension under any circumstances.
REMEMBER:
· This is a written assignment.
· Your mark out of 20, will count 50% towards your semester mark.
· Your answer (excluding a cover sheet and your name, student number and assignment
details) should not exceed two typed A4 pages or three neatly handwritten A4 pages. You
will be penalised if you exceed the prescribed length.

Before you answer the questions of this assignment, work through Study Units 1-9 very
carefully.

In Study Unit 1 we introduce you to three real relationships, namely:

 ownership

 possession and

 holdership

The definition, limitation, acquisition, protection and termination of ownership are dealt with in
Study Units 3-6. Study Unit 7 deals with co-ownership. The nature, protection and termination of
possession and holdership are discussed in Study Units 8 and 9.

QUESTION 1

John drives a red BMW X3 which he borrowed from his mother for the day. Tammy inherited a
silver BMW M6 from her grandmother. Tom drives a blue BMW Z4 which he stole in a parking
lot at the Waterfront in Cape Town.

Which one of the three persons is:

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(a) an owner;

(b) a possessor;

(c) a holder.

In your answers to a, b and c briefly discuss the nature of the relationships that John, Tammy
and Tom have towards the respective cars. (6)

QUESTION 2

Why is expropriation an original method of acquisition of ownership and delivery with the long
hand a derivative method of acquisition of ownership? (2)

QUESTION 3

In Study Unit 6 we define the rei vindicatio as a real action with which an owner can claim
his/her thing from whoever is in control of it unlawfully. In Study Unit 9 we define the spoliation
remedy as a summary remedy issued upon urgent application aimed at restoring control of a
thing to the applicant from whom it was taken by means of unlawful self-help, without
investigating the merits of the original rights of the parties to control the thing.

Answer the following questions in view of this.

(a) What is the difference between the rei vindicatio and the spoliation remedy? Do not
mention the requirements for a successful reliance on these remedies in your answer. (2)

(b) Trevor leases a flat in Johannesburg. Due to his busy schedule he forgets to pay his rent
for two months. One morning while Trevor is at work, his landlord (lessor/owner of the
flat), Peter, unlocks the flat using a spare key. He takes Trevor’s personal belongings and
changes the locks of the flat. Trevor is furious, but Peter informs Trevor that the lease
agreement that Trevor signed contains a clause, which allows Peter to change the locks
if Trevor falls behind with his rent.

Trevor asks your advice on a possible remedy that he can institute to restore the control
that he had over the flat. Advise Trevor in this regard. In your answer refer to a suitable
court decision (one of the prescribed cases listed in this tutorial letter – p 7) and discuss
Trevor’s chances of success. In your answer also briefly discuss the validity of the clause

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 in the lease agreement on which Peter relies. Refer to the relevant pages of the decision
which you consulted in your answer. Use your own words as far as possible. Do not
rewrite (“copy and paste”) summaries that you found on the internet or in other sources –
you will be penalised. Include the “Student academic integrity declaration form” and a
Bibliography in your assignment (10)

Take note of the following:

Description Mark

Introduction of answer – identify the remedy and the court decision correctly 2

Discussion (advice) with reference to the case and relevant study material – 4
reaching a logical conclusion based on these legal texts

References to the relevant pages of the case which you consulted 2

Use your own words as far as possible. Do not rewrite (“copy and paste”) 1
summaries that you found on the internet or in other sources – you will be
penalised.

Include the “Student academic integrity declaration form” and a Bibliography in 1

assignment

Total 10

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ASSIGNMENT 02: Semester 2

CLOSING DATE: 25 SEPTEMBER 2018
UNIQUE ASSIGNMENT NUMBER: 682449

No extension whatsoever will be granted for submission of this assignment and you
are requested not to apply for extension under any circumstances.
REMEMBER:
· Answer this assignment electronically on myUnisa or on the mark-reading sheet.
· No assignment cover must be sent with the mark-reading sheet.
· Your mark out of 10, will count 50% towards your semester mark.

ANSWER THE QUESTIONS BY CHOOSING OPTION (1), (2), (3) OR (4) AND BY
INDICATING YOUR CHOICES ELECTRONICALLY ON myUNISA OR ON THE MARK-
READING SHEET.
Each question counts 1 (one) mark.

QUESTION 1

Which one of the following statements, about valid defences against the rei vindicatio, is
incorrect?

(1) An owner of land who wants to evict persons residing on his/her land unlawfully, may
only do so if he/she obtains a court order for their eviction.
(2) An owner who leads third parties to believe that someone else is the owner of his/her
thing, cannot reclaim his/her thing from a third party who relied on this misrepresentation
and in doing so acted to his/her (third party) detriment.
(3) An owner, whose things were sold by mistake at a judicial sale in execution of a
judgment, may reclaim his/her things from any bona fide purchaser who bought the
things and took delivery thereof.
(4) An owner of money cannot reclaim his/her money from a third party if his/her (owner)
money was stolen by a thief and given to the good faith third party for valuable
consideration.

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READ THE FOLLOWING SET OF FACTS AND THEN ANSWER QUESTIONS 2-3

Vincent, a law graduate who completed his articles, wants to attend a course on conveyancing
to help him prepare for the Law Society conveyancing examination. The cost of the course is
R4300. Vincent does not have enough money and wants to borrow money from his uncle
James. James insists on some form of security for the repayment of the R4300. Vincent gives
James his gold watch, which he inherited from his father, as security for repayment of the debt.
In order to attend the course, Vincent must travel from his hometown, Middelburg, to Pretoria
and will have to arrange accommodation for a week. These expenses, for the travel and
accommodation, amounts to R4000. His friend, David, lends him R4000 and say he can repay
him when he has enough money.

QUESTION 2

Indicate the wrong option.

(1) James has a real security right to the watch.

(2) James has a right of retention to the watch.
(3) James has a right of pledge to the watch.
(4) James has a limited real right to the watch.

QUESTION 3

Indicate the correct option.

(1) David has a right of pledge against Vincent.

(2) David has a real security right against Vincent.
(3) David has a secured personal/creditor’s right against Vincent.
(4) David has an unsecured personal/creditor’s right against Vincent.

READ THE FOLLOWING SET OF FACTS AND THEN ANSWER QUESTIONS 4-7.

Asha and Kagiso are neighbours living in Nzuri Gardens, a sectional title complex. Kagiso is the
owner of his unit and Asha rents the unit next to Kagiso. Asha’s brother, Phila, is unemployed
and temporarily lives with Asha. One night, while Kagiso is on a business trip overseas, Phila
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takes Kagiso’s car, without his permission, to go to a party. On his way back from the party
Phila bumps the car into a pillar, causing a small dent in the bumper. The next morning Phila
takes the car to Posh Panel Beaters to have the dent repaired.

Two days later Phila finds a job in another town and moves out of Asha’s unit. When Kagiso
returns home, he finds a note that Phila left informing him that his car is at Posh Panel Beaters.
Kagiso goes to Posh Panel Beaters and claims his car back. Posh Panel Beaters refuses to
give Kagiso his car before he pays for the repairs. Kagiso refuses to pay, because he did not
instruct Posh Panel Beaters to repair his car.

QUESTION 4

Indicate the correct option.

(1) Asha is a bona fide unlawful possessor.

(2) Asha is a bona fide unlawful holder.
(3) Asha is a bona fide lawful holder.
(4) Asha is a bona fide lawful possessor.

QUESTION 5

Indicate the incorrect option.

(1) Kagiso is a co-owner (joint ownership) of the common property in Nzuri Gardens.
(2) Kagiso is the individual owner (separate ownership) of his section in Nzuri Gardens.
(3) Kagiso is the individual owner (separate ownership) of his unit in Nzuri Gardens.
(4) Kagiso’s is a co-owner (joint ownership) of the common property and the individual owner
(separate ownership) of his section in Nzuri Gardens.

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QUESTION 6

Indicate the correct option.

Kagiso’s car is an example of …

(1) a composite thing
(2) an auxiliary thing
(3) an accessory thing
(4) an incorporeal thing

QUESTION 7

Indicate the correct option.

(1) Kagiso can successfully institute the rei vindicatio against Posh Panel Beaters because
he can proof that he is the owner of the car, that the car still exists and is identifiable and
that the car is in control of Posh Panel Beaters.
(2) Because Kagiso had no agreement with Posh Panel Beaters to repair his car they cannot
retain the car until they receive payment from him.
(3) Posh Panel Beaters has an enrichment lien and may retain the car until Kagiso pays the
necessary and useful expenses incurred in repairing the dent.
(4) The expenses incurred for the repair of the car were useful and not essential and Posh
Panel Beaters can only rely on an enrichment lien for essential expenses incurred and
not for useful expenses.

QUESTION 8

Indicate the correct option.

A personal servitude …

(1) is transferable.

(2) is terminated by the death of the holder thereof.

(3) is a personal right.

(4) can only vest over immovable property.

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QUESTION 9

Indicate the wrong option.

In terms of the National Water Act 36 of 1998 …

(1) a distinction is drawn between public water and private water.

(2) the state is the trustee of the nation’s water resources.

(3) the state must ensure that water is protected, used, developed, conserved, managed and
controlled for the benefit of all people.

(4) the state is empowered to regulate the use, flow and control of all water in South Africa.

QUESTION 10

Indicate the correct option.

Sandra is the owner of a farm. The municipality needs to build a national road through a part of
Sandra’s farm and wants to buy that piece of land from her. Sandra refuses to sell that part of
the farm to the municipality.

(1) Ownership is the most comprehensive real right a person can have over his/her own
thing and in principle an owner may do with the thing as he/she pleases. Consequently,
Sandra is entitled to refuse to sell that piece of land to the municipality.

(2) In terms of First National Bank of SA Limited t/a Wesbank v Commissioner for the South
African Revenue Services; First National Bank of SA Ltd t/a Wesbank v Minister of
Finance ((2002) (7) BCLR 702 (CC)) ‘property’ in section 25 must be interpreted in the
narrow sense. A piece of agricultural land that has not been subdivided can therefore not
qualify as ‘property’ and may not be deprived or expropriated.

(3) The municipality may, in terms of section 25(2) of the 1996 Constitution, expropriate that
piece of land and pay Sandra reasonable compensation. The amount, time and manner
of payment of compensation must be determined by the parties or should be decided by
a court.

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(4) Because the national road is in the public interest the municipality may, in terms of
section 25(1) of the 1996 Constitution, deprive Sandra of that piece of land without
paying her compensation.

6.6 The examination

This module is offered in a semester of 15 weeks. This means that if you are registered for the
first semester you will write the examination in May/June 2018 and, if applicable, the
supplementary examination will be written in October/November 2018. If you are registered for
the second semester you will write the examination in October/November 2018 and, if
applicable, the supplementary examination will be written in May/June 2019.

During the course of the semester, the Examination Section will provide you with information
regarding the examination in general, examination venues, examination dates and examination
times. Please do not contact your lecturers for this information.

Previous examination papers are available to students on myUnisa. We advise you, however,
not to focus on old examination papers only as the content of modules and therefore
examination papers changes from year to year.
You will write one two-hour paper. The paper counts 100 marks. Your examination mark out
of 100 will be adapted to a mark out of 80. Your semester mark out of 20 (your two compulsory
assignment marks) will be added to your examination mark out of 80 to get to your final mark for
this module. Remember, you have to obtain a subminimum of 40% in the examination
before your semester mark out of 20 (your compulsory assignment mark) will be taken
into account.
The examination paper consists of two sections. Section 1 (40 marks out of 100 marks) of
your examination paper will consist of multiple choice questions. Examples of multiple choice
questions can be found in your compulsory assignment 02. The questions in Section 2 (60
marks out of 100 marks) of the examination paper will be similar to the activities in your Study
Guide.
The 15 study units of this module on Property Law cover the following main topics (parts). The
approximate mark allocation for examination purposes with regard to each part is indicated in
brackets:

Part 1 (study units 1-2): Introduction, things as legal objects and real rights and
personal rights (10%)
Part 2 (study units 3-7): Ownership: definition of, limitations on, original acquisition of,
derivative acquisition of, protection of, termination of and co-
ownership (40%)
Part 3 (study units 8-9): Possession and holdership: nature of, protection of and
termination of (15%)
Part 4 (study units 10-12): Limited real rights: introduction, servitudes, restrictive
conditions, pledge, security by means of claims, mortgage,
tacit mortgages, mineral rights, water rights and tenant’s
rights (25%)
Part 5 (study units 13-15): Constitutional property law, land reform and additional forms
of statutory land use (10%)
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7 FREQUENTLY ASKED QUESTIONS

The following questions are some of the questions that students who are registered for this
module often ask us.

We briefly answer these questions below.

 Is there a prescribed textbook for this module?

No, there is not, see paragraph 4.1 of this tutorial letter.

 Will there be discussion classes for this module?

No, at this stage discussion classes are not offered for this module. However, you are
always welcome to contact us with a question concerning the contents of the module.

 I am having trouble in obtaining the prescribed cases from the library or to

download the cases.

You have to take this up with the library. See paragraph 4.3 above on how to
download the cases electronically.

 Are there any hints (tips) for the examination?

No, unfortunately not. The best advice that we can give you is to spend enough time
on your studies. It is also a good idea to keep the table to which we have referred in
paragraphs 5 and 6.6 above with you while you study.

 Where can I obtain previous examination papers?

There are previous examination papers on myUnisa.

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8 APPENDIX 1: STUDENT ACADEMIC INTEGRITY
DECLARATION FORM

STUDENT ACADEMIC INTEGRITY DECLARATION FORM

I,___________________________________________, with Student

Number: ____________________ understand that the University of
South Africa regards breaches of academic integrity and plagiarism
as grave and serious. By signing this form and by submitting this
material online I confirm and declare that:
1. I have read and understood the Unisa Academic Integrity and
Plagiarism Policy.
2. I accept the penalties that may be imposed should I engage in
practice or practices that breach this policy
3. This assignment, or any part of it, has not been previously
submitted by me or any other person for assessment on this or any
other course of study.
4. This material, which I now submit for assessment, is entirely my
own work and has not been taken from the work of others save and to
the extent that such work has been cited and acknowledged within
the text of my work.
5. I have identified and included the source of all facts, ideas,
opinions, viewpoints of others in the assignment references. Direct
quotations, paraphrasing, discussion of ideas from my Study Guide
and case law are acknowledged and the sources cited are identified
in the assignment references.

Signed at _______________________ on the __________________

Signature: _______________________

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