PVL3701 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2024 - UNISA - DUE : 3 APRIL 2024 (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)
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Course
Law of property
Institution
University Of South Africa (Unisa)
PVL3701 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2024 - UNISA - DUE : 3 APRIL 2024 (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)
In June 2023, John bought a house in Sandton. At the time, he decided to install a solar system
due to the unreliable electricity provision in South Africa. He ...
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PVL3701
Property law
ASSIGNMENT 1 MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 890697
DUE DATE: - 3 APRIL 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
In June 2023, John bought a house in Sandton. At the time, he decided to install a solar
system due to the unreliable electricity provision in South Africa. He bought 20 solar
panels, 4 batteries and an inverter on credit from the “Sun Company”. The Sun Company
installed the system in July 2023. The agreement between John and the Sun Company
provided that John would only become the owner of the solar panels, the batteries and
the inverter after all the instalments were paid. It further provided that the Sun Company
could remove the entire system, should John, fall into arrears with payment of the
instalments.
Question continues…
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, In June 2023, John bought a house in Sandton. At the time, he decided to install a
solar system due to the unreliable electricity provision in South Africa. He bought
20 solar panels, 4 batteries and an inverter on credit from the “Sun Company”. The
Sun Company installed the system in July 2023. The agreement between John and
the Sun Company provided that John would only become the owner of the solar
panels, the batteries and the inverter after all the instalments were paid. It further
provided that the Sun Company could remove the entire system, should John, fall
into arrears with payment of the instalments. John decided to move to Cape Town
and, before all the instalments of the solar system were paid, he sold the house to
Lindiwe. After registration of the property in Lindiwe’s name and after Lindiwe
moved in, the technicians of the Sun Company arrived at Lindiwe’s house to
remove the solar system. Lindiwe refused to allow them access to her house, but
they explained to her that John stopped paying the instalments of the solar system
and that they were therefore allowed to remove the system. Lindiwe asks her son,
Nkosinathi, who is a third-year LLB student at Unisa, for advice. Nkosinathi
explained that the solar system belongs to Lindiwe because it became part of the
land by means of inaedificatio (accession by building). Nkosinathi further
explained that the South African courts apply different criteria to determine
whether a movable thing became permanently attached to land namely, the nature
and purpose of the attached thing; the manner and degree of attachment; and the
intention of the person annexing the movable or the intention of the owner of the
movable. He added that these criteria have been applied in different ways by the
South African courts. Against this background answer the following questions:
Question 1
Why is inaedificatio classified as a form of original acquisition of ownership? Fully
substantiate your answer with reference to the specific page(s) of your Study Guide
that you consulted to answer this question. Do not insert footnotes – simply refer
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