PVL3701
Assignment 2
Semester 2
Unique No: 388427
DUE 23 September 2024
, QUESTION 1
Which one of the following is not part of a composite thing?
Select one: a. An accessory thing
b. An auxiliary thing
c. A fungible thing
d. A principal thing
Answer: c. A fungible thing
Explanation: In the context of property law, a composite thing consists of various parts
that are necessary for its functionality or identity. A principal thing refers to the primary
item, while accessory and auxiliary things support or enhance the principal item. For
instance, a car (the principal thing) may have tires (accessories) and a spare tire (an
auxiliary). Conversely, a fungible thing is interchangeable and not uniquely identified,
such as money—therefore, it cannot be part of a composite thing (Breytenbach, 2021).
QUESTION 2
Which statement is incorrect regarding Lindiwe’s remedies?
Select one: a. Lindiwe can request Fikile to remove the branches on Lindiwe’s side of
the boundary.
b. If Fikile refuses to remove the tree branches on Lindiwe’s side of the boundary,
Lindiwe can approach the court for an order compelling Fikile to remove the tree
branches.
c. Lindiwe may not keep the branches of Fikile’s trees even if Fikile consents or fails to
remove them within a reasonable time after Lindiwe’s request for removal.
d. Lindiwe may remove tree branches on her side of the boundary herself.
Answer: c. Lindiwe may not keep the branches of Fikile’s trees even if Fikile
consents or fails to remove them within a reasonable time after Lindiwe’s request
for removal.
Explanation: Generally, a landowner has a right to remedy encroachments on their
property, which includes cutting bran ches that intrude upon their land. If Lindiwe cuts
these branches herself, she is allowed to keep them (as long as they are on her side).
Therefore, the statement that Lindiwe cannot keep the branches, even with Fikile’s
consent, is incorrect (Van der Wal, 2020).