PVL3701 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA (DETAILED MEMO - DISTINCTION GUARANTEED)
Question 1
Mr Nkosi, a retired attorney, rents a residential property in Sandton. Mr Nkosi’s neighbours, the Van Vuurens, own the house next to the house that he is occupying. The Van Vuurens ...
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PVL3701
Property Law
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 17th MAY 2023
Includes Footnotes and/or Bibliography
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, Question 1
Mr Nkosi, a retired attorney, rents a residential property in Sandton. Mr Nkosi’s
neighbours, the Van Vuurens, own the house next to the house that he is
occupying. The Van Vuurens have three sons (Jan, Piet and Koos) who are Unisa
students. Jan is a law student and often discusses his Unisa law modules with Mr
Nkosi. Jan, Piet and Koos enjoy spending time in the garden with their friends.
They also regularly braai over the weekends. Their parents often go away for long
periods and leave their sons at home. During these periods the three sons are very
noisy. Mr Nkosi approaches Jan, Piet and Koos’s parents to discuss the matter.
The parents are very embarrassed to hear about the behaviour of their three sons.
They thank Mr Nkosi for informing them. They also apologise for the behaviour of
their children. Although the Van Vuurens have a good relationship with Mr Nkosi,
Mrs Van Vuuren is concerned that Mr Nkosi (being a retired attorney) might institute
legal action against them. Jan informs Mrs Van Vuuren that Mr Nkosi could institute
legal action against them.
Unsure about the way forward, Mr Van Vuuren suggests that Jan, the law student,
should be involved in solving the matter. Piet and Koos who are both studying
psychology do not understand why their neighbour is complaining. They feel that
since they live in a house that belongs to their parents, they should be able to do
as they please. Piet and Koos also feel that Mr Nkosi is not always the perfect
neighbour since his grandchildren once kicked a rugby ball over the boundary wall
and broke a window. Jan, on the other hand, is currently registered for the Property
law module at Unisa and is excited to explain to his two brothers and his parents
how to approach the situation. He approaches you to discuss some of the
questions. Against this background, advise Jan and answer the following
questions:
1.1 Evaluate the opinion of Piet and Koos, namely that they should be allowed to
do as they please since the house belongs to their parents. [5] [Your answer
should not exceed 10 lines.]
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