Exam (elaborations)
PVL3701 EXAM PACK 2023
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- University Of South Africa
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PVL3701 ExamPack 2023
LATEST QUESTIONS
AND ANSWERS
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LAW
OF
PROPERTY
(PVL3701)
This workbook is compiled from UNISA PVL 3701 prescribed study materials and past Exam
Questions and Suggested Solutions. The content is carefully chosen to assist students with
upcoming exams in May/June & Oct/Nov 2017
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MCQ
1. Indicate the correct option.
Which one of the following things can be regarded as a res nullius?
(1) a domesticated tiger living in his owner‟s house
(2) an impala roaming in the bushes
(3) a Persian cat lying on the neighbor‟s patio
(4) a springbok kept on a private game farm for hunting purposes
ANSWER:
Option 2 is correct. A res nullius is a thing which does not belong to anyone. All creatures that are
wild by nature either in their natural state or when they have reverted to their former wild state are
regarded as res nullius. Wild animals that have been tamed (option 1), domestic animals (option 3) or
wild animals regulated by the Game Theft Act 105 of 1991 (option 4), are not res nullius. An impala
roaming in the bushes is wild by nature and regarded as a res nullius.
See Study Guide pg 92
2. Indicate the correct option.
The following is an example of constructive delivery where a transferee is placed in position to
exercises physical control over a thing:
(1) delivery with the short hand
(2) symbolic delivery
(3) attornment
(4) cession of ownership
ANSWER:
Option 2 is correct. Constructive delivery is when there is no physical or actual handing over of the
thing. The transferee is either placed in a position to excercise physical control, already in physical
control or someone else exercises physical control on his/her behalf. Examples of a transferee placed
in a position to excercise physical control over the thing are symbolic delivery, delivery with the long
hand (traditio longa manu) and bills of lading.
See Study Guide pg 132-134
3. Indicate the correct option.
The aim of the actio negatoria is:
(1) to determine the rights and duties of contesting parties.
(2) to claim the stolen thing or its highest value since the theft.
(3) to claim the market value of the thing that was destroyed or alienated with mala fide intention.
(4) to protect ownership where a servitude holder exceeds the limits of her servitude.
ANSWER:
Option 4 is correct. The actio negatoria is a property law remedy. It is a real action aimed at
protection of ownership in circumstances where third persons seek to exercise rights of a servitude
holder which they do not have or where servitude holders exceed the limits of their servitude. The
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owner can institute this action against the violator and have to prove that he/she is the owner and that
there is a physical infringement of his/her entitlements of ownership.
See Study Guide pg 163 and 169
4. Indicate the correct option.
X and Y are co-owners of a farm. They built a road on the farm, which they use to transport lime to
the market. Without X's knowledge and approval Y gives permission to a neighbour, Z, to use the
road so that he can transport his lime to the market. X is unhappy about the heavy traffic on the road
and asks Y to revoke her permission to Z. X also asks Z to discontinue his activities. Neither Y nor Z
takes any notice of X. Which remedy does X have against Y?
(1) X can claim damages from Y.
(2) X can institute the condictio furtiva against Y.
(3) X can approach the court for a declaratory order.
(4) X can institute the rei vindicatio against Y.
Answer:
option 1
5. Indicate the correct option.
S, X and Y‟ son, leases a portion of their farm. When his father's farm implements are stolen, he gives
some of his (rented) equipment to his father, X, to use. Father and son have an argument. In his
anger X destroys his son's rented equipment. Which remedy is available to S?
(1) spoliation remedy
(2) condicio furtiva
(3) enrichment action
(4) possessory action
ANSWER:
Option 4 is correct. S is in control of the rented equipment. When a person who is in control of a thing,
loses control of the thing, he/she can restore his/her control with the spoliation remedy. In this
example the equipment is destroyed and S will not be able to claim restoration of his control with the
spoliation remedy. S will however be able to claim damages resulting from the loss of control from X
with the possessory action. S can therefore claim the value of the equipment from X, who has a
weaker right to control it than what S has.
See Study Guide pg 212-213
6. Indicate the incorrect option.
A land servitude must comply with the following requirements before it will be recognised as a limited
real right to the land of another:
(1) The servitude must have a degree of permanency.
(2) The servitude must enhance the use and benefit of the dominant tenement.
(3) The servitude must impose a duty on the owner of the servient tenement to perform a positive act.
(4) The tenements must be situated, in relation to each other, in such a way that the
effective exercise of the servitude to the benefit of the dominant tenement is possible.
ANSWER:
Option 3 is incorrect. The maxim servitus in faciendo consistere non potest applies to all servitutes.
According to this maxim a servitude (personal or land) cannot impose a duty on the owner of the
WE PROVIDE SOLUTIONS TO ALL UNISA QUALIFICATIONS
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