Exam (elaborations)
PVL3701 Examination October 2022.pdf
- Course
- PVL3701 - Law Of Property
- Institution
- University Of South Africa
PVL3701 Examination October
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PVL3701Examination
October/Nove
mber 2022
, Question 1
1. Section 25 of the Constitution is applicable. When a person alleges that his/her
right to property has been infringed, it must be determined what constitutes
‘‘property’’ for constitutional purposes. The scope of constitutional protection
extends beyond the conventional private-law definition of corporeal or material
objects. Protection is given to a variety of rights, including shares, immaterial
property rights, historically neglected property rights, such as customary land
rights, and so-called "new property rights," in addition to ownership and limited
real property rights.
The real right of Peter and Jane over the land and the personal right (right to
habitation) guaranteed to Mr. and Mrs. Khumalo are the rights that could be
safeguarded under the Constitution.
Question 2
2. This is a real relationship as Peter and Jane have real right over the farm. A real
relationship is the particular legal relationship between one or more legal
subjects and a thing. This relationship has certain implications for the legal order.
Note, furthermore, that the concept ‘‘real relationship’’ is broader than the
concept ‘‘real right’’, since real relationships include both real rights and certain
unlawful real relationships.
There are usually two sides to a real relationship (and therefore, if it is a lawful
real relationship, to a real right), namely
i. the subject-object relationship between the particular legal subject and
the particular thing involved in the relationship
ii. the subject-subject relationship between the particular legal subject and
all other legal subjects
A real right is therefore always a dual relationship: the subject-object (thing)
relationship and the subject-subject relationship. In certain cases, real
relationships may take on distinctive characteristics, with the result that the rights
and duties ensuing from these relationships may vary.
Question 3
3. Peter and Jane have the most comprehensive real rights to the land and can, in
theory, do as they choose, but their ownership is still constrained. We are dealing
with a legal restriction on ownership, namely one that is a legislative provision.
Peter and Jane won't be able to build a settlement on the farm as a result.
Question 4
4. A personal servitude is a restricted real right that allows the servitude holder to
use and enjoy another person's mobile or immovable property in his or her
personal capacity for a set amount of time, for the rest of his or her life, or for up
to 100 years in the case of a legal person. A dwelling is a form of personal service
that allows the holder to temporarily live in another person's home while
maintaining their identity. The owner of the servitude and his or her family are
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