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PROPERTY LAW ASS 1 SEMETER 1 2024 GUARANTEED DISTICTION
- Course
- Property law (PVL3701)
- Institution
- University Of South Africa (Unisa)
FULLY ANSWERED , GUARANTEED PASS ASSIGNMENT 1 SEMESTER 1 2024
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senarioIn June 2023, John bought a house in Sandton. At the time, he decided to install a solar system due to
the unreliable electricity provision in South Africa. He bought 20 solar panels, 4 batteries and an
inverter on credit from the “Sun Company”. The Sun Company installed the system in July 2023. The
agreement between John and the Sun Company provided that John would only become the owner of
the solar panels, the batteries and the inverter after all the instalments were paid. It further provided
that the Sun Company could remove the entire system, should John, fall into arrears with payment of
the instalments. John decided to move to Cape Town and, before all the instalments of the solar system
were paid, he sold the house to Lindiwe. After registration of the property in Lindiwe’s name and after
Lindiwe moved in, the technicians of the Sun Company arrived at Lindiwe’s house to remove the solar
system. Lindiwe refused to allow them access to her house, but they explained to her that John
stopped paying the instalments of the solar system and that they were therefore allowed to remove
the system. Lindiwe asks her son, Nkosinathi, who is a third-year LLB student at Unisa, for advice.
Nkosinathi explained that the solar system belongs to Lindiwe because it became part of the land by
means of inaedificatio (accession by building). Nkosinathi further explained that the South African
courts apply different criteria to determine whether a movable thing became permanently attached
to land namely, the nature and purpose of the attached thing; the manner and degree of attachment;
and the intention of the person annexing the movable or the intention of the owner of the movable.
He added that these criteria have been applied in different ways by the South African courts. Against
this background answer the following questions:
Question 1
Why is inaedificatio classified as a form of original acquisition of ownership? Fully substantiate your
answer with reference to the specific page(s) of your Study Guide that you consulted to answer this
question. Do not insert footnotes – simply refer to the relevant page(s) of the Study Guide that you
consulted in brackets after your answer. Your answer should not exceed 6 lines. (3)
Question 2
Fully advise Lindiwe about the correctness of Nkosinathi’s advice. In your answer do not repeat the
criteria, rather focus on the interpretation of the third criterion (the subjective intention criterion) by
the Supreme Court of Appeal in Konstanz Properties (Pty) Ltd v Wm Spilhaus en Kie (Wp) Bpk (1996 (3)
SA 283 (A)). Take note that Konstanz Properties (Pty) Ltd is one of the cases that you only need to study
to the extent that it is discussed in the Study Guide. Therefore, you must refer to the Konstanz Property
(Pty) Ltd case as discussed in the Study Guide. In your answer, evaluate the correctness of the approach
of the Supreme Court of Appeal in Konstanz Properties (Pty) Ltd considering that inaedificatio is
classified as an original method of acquisition of ownership. Substantiate your answer with reference
to the specific page number(s) in the Study Guide that you consulted to answer this question.
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