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PVL3701 Property Law Latest and Updated A+
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PVL3701 Property Law Latest and Updated A+
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PVL3701 Property Law Latest and UpdatedA+
, Oct Nov 2018 Distinguish between ownership and entitlements of ownership -
answers-Ownership:
Most comprehensive real right
A person can have in respect of a thing
A person can act upon his/his thing as he/she pleases
This freedom is restricted by the law and rights of others.
Entitlements of ownership:
Has to do with the content of a right
Entitlements of ownership includes:
1. The control of a thing.
2. The use and enjoyment of a thing.
3. And to burden a object - encumber it with limited real rights such as servitudes or real security
rights.
Oct Nov 2018 Distinguish between the personalist and classical theory and explain how each
theory is applied to distinguish between personal and real rights - answers-
Oct Nov 2018 Distinguish between nuisance and enroachments in neigbour law and provide
and example of each - answers-Nuisance:
Divided into the narrow sense and the broad sense.
1. In the narrow sense it occurs
when the neigbour's right of personality or entitlement of use is infringed by.
2. Example is smell or noise.
1. In the broad sense it results in damage to property and the remedies are a prohibitory
interdict and or a claim for delictual damages.
Enroachments
1. Is when the owners enroach the neigbour's land, then the rules regarding enroachment
comes into operation.
2. A distinction is drawn between building and trees.
3. Example is when a tree is planted so close to a
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