LPL4801 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!)
SECTION A LEASE
QUESTION 1
Write notes on the establishment of the tenant’s real right. (10)
QUESTION 2
Write notes on the duration of lease agreements that fall under the Consume...
section a lease question 1 page 7 of 8 lpl4801 may june 2023 write notes on the establishment of the tenant’s real right 10 question 2 write notes on the duration of lease agreements that fall un
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University of South Africa (Unisa)
LPL4801 - Law Of Sale And Lease
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LPL4801
Law of Sale and Lease
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 31st MAY 2023
Includes Footnotes and/or Bibliography
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Write notes on the establishment of the tenant’s real right. (10)
The contract itself offers enough protection between the parties to the contract: the lessee
can enforce his/her right against the lessor, even if he/she is not in possession of the
premises and even if his/her right has not been registered. The contractual agreement
gives rise to personal rights between the lessor and the lessee.
Depending on whether we are dealing with a short or a long lease, however, possession
or registration is a requirement for the establishment of the lessee’s real right.
A lease for more than 10 years qualifies as a long lease.
The legal position regarding long leases is regulated by legislation (s 1(2) of the
Formalities in Respect of Leases of Land Act 18 of 1969) and the common law, as adapted
by the South African courts. Our courts replaced a Roman law distinction between
“singular” and “universal” successors (which distinction does not exist in the modern law
of succession and, therefore, has no meaning in modern South African law) with the
distinction between gratuitous successors (successores lucrativi) and onerous
successors (successores onerosi),
A gratuitous successor is someone who gives no counter-performance for the property,
such as the inheritor or donee of property. An onerous successor is someone who gives
counter-performance for the property, such as a buyer.
The legal position can be summarised as follows:
Successores lucrativi are always bound by the lease for the full period of the lease
agreement.
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