Unlock success with this comprehensive Property Law Exam Pack – complete with past exam questions and detailed answers for all papers from 2024 & 2023 .Perfect for LLB students looking to master key concepts, refine exam techniques, and boost their grades.
LAW OF PROPERTY STUDY PACK
By Mufaro aka The Law Tutor SA - +27739490014
INDEX
No. Paper Pages
1. May/June 2024 1-8
2. February 2024 F1 Concession 9-17
3. May/June 2023 18-30
4. October/November 2023 31-40
5. April 2023 F1 Concession 41-50
1
, UNIVERSITY EXAMINATIONS
May/June 2024
PVL3701
Property Law
24 May 2024
08:00-12:00 (4 Hours)
1
Question 1 [54 Marks; ±120 Minutes]
Unathi owns a smallholding in KwaZulu Natal. Her property is adjacent to Luyo’s
smallholding, where he operates a nursery specialising in different Agapanthus flower
bulb varieties. Unathi and Luyo have been neighbours for many years and have a
good relationship. Upon negotiation between Unathi and Luyo, and after consulting
with her attorney, Unathi decides to grant a limited real right over a portion of her
property in favour of Luyo’s property to allow him access to a natural water source
located on her land. The n idea is to give Luyo the right to access the water source for
irrigation of his bulb beds.
Unathi replaced an existing wire fence on her property with a brick wall, in the bona
fide belief that the fence denoted the true boundary between the two properties. The
wall has a small gate which enables Luyo to enter Unathi’s property in terms of the
limited real right.
Subsequently, Unathi ordered a construction company to build an additional garage
on her property. While the building of the garage and the brick wall was in process,
Luyo was in the Bahamas for a few months to visit his sister. While he was away, he
left his nursery manager in charge. Upon his return home, he realised that a section
of Unathi’s additional garage building was built on his property.
Although he consulted with his attorney about his options, he decides to sell his
property and to start a new nursery elsewhere. With the help of an estate agent, he
2
,finds a buyer very quickly and the property is transferred to the new owner (Sandra).
The estate agent accidentally omitted to include specific terms in the sale agreement
relating to the removal of the flowers and when Luyo requested her to remove the
flowers, Sandra refused.
Against this background, answer the following questions:
1.1 With reference to relevant case law, discuss whether Unathi and Luyo’s
ownership (prior to selling his property to Sandra) of their respective properties
is protected in terms of section 25 of the Constitution? [6]
[Your answer should not exceed 10 lines.]
• The legal question is whether Unathi and Luyo’s ownership is protected in
terms of Section 25 of the Constitution.
• Section 25 protects property.
• In First National Bank of SA Limited t/a Wesbank v Commissioner for the South
African Revenue Services; First National Bank of SA Ltd t/a Wesbank v Minister
of Finance, the court held that “property” for purposes of section 25 of the
Constitution should be interpreted widely.
• The Constitution Court held that it is practically impossible to give a
comprehensive definition of property for the purposes of section 25.
• Ownership of corporeal movables and land should qualify as “property” for
purposes of section 25 of the Constitution.
• Unathi and Luyo’s property are pieces of land and therefore fit in the definition
as held by the court. Unathi and Luyo’s ownership are therefore protected in
terms of Section 25 of the Constitution.
1.2 One of the entitlements of ownership is “control” (possession). Describe the
nature of Luyo’s control over his property while he was in the Bahamas.
[10]
[Your answer should not exceed 20 lines.]
• Luyolo has physical control over his property.
• Whilst in the Bahamus, he left his nursery manager in charge.
• Physical control is not only exercised personally.
• A person may exercise physical control through an agent.
• He still has control as an entitlement of the ownership that he owns as
control is an entitlement of ownership.
• He has not lost the animus(intention) to become an owner.
1.3 Name and briefly describe two other entitlements of ownership (besides
“control” (possession)) that are relevant in the set of facts. [5]
[Your answer should not exceed 10 lines.]
• Use and enjoy – The entitlement includes using property for your own benefit. Luyolo
is using his property to operate a nursery specialising in different Agapanthus flower
bulb varieties
3
, • -Burden – The entitlement includes giving someone else a limited real right on your
property. Unathi decides to grant a limited real right over a portion of her property in
favour of Luyo’s property to allow him access to a natural water source located on her
land
• (Page 45)
1.4 One of the original methods of acquisition of ownership provides that when an
accessory thing becomes merged with a principal thing, the accessory thing
loses its independent character and becomes part of the principal thing. Advise
Luyo about the applicability of this principle in relation to the flower bulbs. Fully
discuss his legal position in this regard. In your answer indicate the remedy that
might be available to him to claim the flower bulbs and the chances of success
with such remedy. [10]
[Your answer should not exceed 20 lines.]
• Flower bulbs become merged through sowing and planting.
• Sowing and planting is an original method of acquiring ownership in terms of which
growing things accede to land and become the property of the owner of the land.
• Plants become part of the land as soon as they take root. The basis of this principle
is that plants, in taking root, derive essential water and nourishment from the soil.
Where there is a specific legal relationship between the parties, these principles
need not apply.
• Plants which have been planted with the intention of removing them later or plants
which are destined to be removed do not become subject to the landowner’s
ownership.
• In Gore NO v Parvatas, the ownership of the bulbs were not transferred.
• There is no special relationship that exists between Luyo and Sandra. The principles
therefor do apply and Sandra then becomes the owner of the bulbs.
• Page 72
• Remedy: Rei vindicatio – he thinks he is the owner
• However, for this remedy to succeed, Luyo would have to prove that he is the owner
of the flower bulbs.
• Luyo is no longer the owner of the bulbs because they have merged with the land
and are considered part of Sandra’s property.
• Thus, a rei vindicatio action would fail, as he cannot vindicate property that he no
longer owns.
1.5 Luyo regrets selling the property and realises that he could possibly have
handled the situation regarding Unathi’s additional garage differently. What
other options or remedies were available to Luyo? Briefly describe these
options. (8)
[Your answer should not exceed 20 lines.]
• The garage is an encroachment.
• Remedies available to a neighbour whose land has been encroached:
1. claim removal of the encroachment by approaching the court for an order
2.claim ejectment from his/her land against payment of compensation for the
enhancement of his/her property by way of court order.
3.claim that the encroacher should take transfer of the land encroached upon
and pay compensation by way of court order
4
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller TheLawTutorSA. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R200,00. You're not tied to anything after your purchase.
