Exam (elaborations)
PVL3701 ASSIGNMENT 1 SEMESTER 1 MEMO 2023
- Institution
- University Of South Africa (Unisa)
PVL3701 ASSIGNMENT 1 SEMESTER 1 MEMO 2023 Based on the Khumalos and Peter, Jenny farm ref from Hendricks v Hendricks
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BY ADV TSHOLOGELO TUTORIALS +27639910128ACADEMIC YEAR 2023
UNISA
PVL3701
SEMESTER 1 ASSIGNMENT HINT
QUESTION 1
- Real rights refer to the legitimate, real relationship that exists between a legal
subject and a thing that gives the legal subject direct control over the thing, as
well as the relationship that exists between the legal subject and all other
legal subjects who are required to uphold this relationship. The farm belongs
to Peter and Jenny. Peter and Jenny received the farm from the Khumalo
family. The Khumalos only retained the right of occupancy, with Peter and
Jenny acquiring the right of ownership over the land from the Khumalos. The
appellant gave the respondent the ownership right, but retained a right.
QUESTION 2
- On Peter and Jenny's farm, the Khumalos enjoy personal servitude over a
homestead. A person who has the right is prohibited from using the property in
a specific way. For as long as the Khumalos lived, a right of residence was
reserved for them over the smaller homestead on the Peter and Jenny land.
The court determined that a resident's right to habitation must take
precedence over a property owner's rights in that regard.
QUESTION 3
- In contrast, the Khumalos right of occupancy restricts Peter and Jenny's
ownership until their deaths or until they surrender their right; prior to that
time, they are not permitted to eject them from either the homestead or to
intervene in any other manner. The ius in re aliena limits [an owner's]
ownership until the death of the individual entitled to the abode, according to
Van Rooyen AJ, who was cited by the judge in Hendricks at paragraph 11 of
the case Galant v. Kidson.
QUESTION 4
- The Khumalos should use spoliation as their legal defense against Peter and
Jenny. Control of the object was quiet and undisturbed for the Khumalos.
QUESTION 5
- A spoilation remedy is an immediate remedy granted in response to an urgent
application that aims to return ownership of something to the applicant after it
has been illegally stolen by self-help, without examining the merits of the
parties' original rights to control. Conditions for relying on the spoliation
remedy successfully: The applicant must have had uninterrupted, tranquil
control over the item; The respondent must have illegally interfered with the
applicants' control. The Khumalos must demonstrate that they had peaceful,
unmolested control over the homestead and that Peter and Jenny's
interference with it was illegal. Because Peter and Jenny improperly interfered
with the Khumalos' control, they will prevail. Peter and Jenny cannot rely on
Students are advised to use this document as a guide not as a memo, to avoid plagiarism.
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