Exam (elaborations)
PVL3701 UPDATED 2023 Exam Pack until Last Exam May 2023: DISTINCTION GUARANTEED
- Course
- Property Law (PVL3701)
- Institution
- University Of South Africa (Unisa)
PVL3701 UPDATED 2023 Exam Pack until Last Exam May
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PVL3701Exam pack
including
2023 Exams.
,THIS PACK IS THE LATEST PACK THAT HAS BEEN
UPDATED IN 2023.
WITH THE MEMOS RIGHT UP UNTIL THE EXAM
WRITTEN IN May/June 2023.
*Distribution of this document is strictly
prohibited.
* Don’t copy and paste the answers use your
own words.
*Good luck with your exams.
,QUESTION 1.
1.1 The opinion of Piet and Koos that they should be allowed to do as they please because
the house belongs to their parents is not legally valid. While they may live in a house
owned by their parents, they are still subject to the laws and regulations governing
residential properties. This includes adhering to noise regulations and being
considerate of their neighbors. The fact that they are tenants and not owners does not
exempt them from these responsibilities.
1.2 Mr Nkosi can potentially institute legal action against the Van Vuurens for the excessive
noise and disturbance caused by their three sons. He may have grounds to claim for
nuisance, which is the unreasonable interference with the use and enjoyment of one’s
property. Whether or not Mr Nkosi will succeed in his legal action will be determined
by the specific circumstances of the case and factors such as the severity and duration
of the disturbance. If the court finds that the noise and disturbance caused by the sons
constitutes a nuisance that significantly impacts Mr Nkosi's enjoyment of his property,
they may grant an order restraining the Van Vuurens from causing further disturbance.
The court will generally prioritize the reasonable enjoyment of one’s property and the
need for peaceful and considerate coexistence among neighbors.
1.3 Jan’s advice to Mr Nkosi regarding the short-handed method of delivery is inaccurate.
The short-handed method of delivery refers to a situation where a person gains
possession of a property as if they were the owner, without going through the
formalities of transfer or registration. However, it is important to note that mere
possession of a property does not automatically confer ownership rights. In order for
Mr Nkosi to become the owner of the property he is currently renting, the proper legal
process of transfer and registration would need to take place. This involves entering
into a sale agreement with the owners of the property, paying the purchase price, and
complying with all legal requirements for the transfer of ownership, including the
necessary documentation, payments, and registration at the Deeds Office. Jan should
advise Mr Nkosi to seek legal advice and engage the services of a conveyancing attorney
who specializes in property transfers. The attorney will guide him through the
necessary steps, such as drafting and signing a valid sale agreement, conducting a
property transfer search, obtaining the necessary clearances and certificates, and
lodging the transfer documents with the Deeds Office. Once all the legal requirements
are met and the transfer is registered, Mr Nkosi will become the legal owner of the
property. It is important to follow the proper legal procedure to ensure the validity and
security of the ownership transfer.
, QUESTION 2.
2.1 Karen is a lawful holder of the hotel, Ubuhle.
2.2 SA Bank holds a limited real right in the hotel, as their debt is secured by a mortgage
registered over the property.
Cheap Deal Wholesale holds a limited real right in the fridges, as ownership is reserved
until the final installment is paid.
2.3 Marianne has a real relationship with the towel in her suitcase as a possessor. She
believed it was her own towel due to a mistake.
2.4 If Marianne stole the towel, her real relationship with the towel would be as a thief.
She would have the intent to permanently deprive the owner of the towel.
2.5 Ronald holds a personal right against Karen as a tenant, as they have a lease
agreement for the small room.
2.6 (i) Karen can claim damages for the car that Ronald set on fire from Ronald himself.
(ii) Karen can claim damages for the damaged locks and doors from Ronald, as he broke
into the rooms.
(iii) Karen can claim damages for the damaged fridge from Ronald, as he kicked it and
caused the damage.
2.7 The validity of the pledge agreement between Karen and Ronald may be
questionable. In order for a pledge to be valid, it must meet certain requirements, such
as the delivery of the pledged item to the pledgee. In this case, Ronald and Karen agreed
that it would not make sense for Ronald to physically give the cell phone to Karen.
However, this lack of physical delivery may affect the validity of the pledge. To claim
the R 5000 from Ronald, Karen may need to rely on other legal avenues. For example,
she can pursue a claim for breach of contract as Ronald agreed to repay the R 5000.
Karen can provide evidence of the agreement and the payment made into Ronald’s
bank account. She can also claim damages for any harm caused by Ronald’s actions,
such as the damage to the fridge or other property. Karen should consult with a lawyer
to discuss the specific circumstances and potential legal options for recovering the R
5000 from Ronald.
2.8 Mike’s advice to Ronald regarding his belongings and control over the rented room
may not be entirely correct. While Ronald may have a valid claim for his belongings and
control over the rented room, it would depend on the terms of the lease agreement
between Ronald and Karen. If the lease agreement grants Ronald exclusive possession
and control over the room, then he may have a valid claim through the rei vindicatio
action against Karen to regain possession. However, if the lease agreement allows
Karen to change the locks and move Ronald’s belongings as a result of a breakdown in
their relationship, then Mike’s advice may be incorrect.
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