lOMoAR cPSD| 48047628
, lOMoAR cPSD| 48047628
UNIVERSITY EXAMINATIONS
May/June 2024
PVL3701
Property Law
24 May 2024
08:00-12:00 (4 Hours)
100 Marks
First examiner: Prof IM Knobel
Mr LM Kutu
Second examiner: Prof L Kiewitz
External examiner: Dr T Gama-Kotzé
This paper consists of ten (10) pages.
This is an open-book examination
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. You have not allowed, and will not allow anyone to copy your work with the
intention of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
INSTRUCTIONS FOR A TAKE-HOME EXAM
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks. The duration of the examination is
from 08:00 – 12:00 (4 hours). In addition to the duration of the examination
indicated on the timetable, you are given 30 minutes to FINALISE the uploading
of your exam file. Your exam file must therefore be uploaded via the myExams
platform on 24 May 2024 BEFORE 12:30 (South African Standard Time).
NOTE: The time on the myExams platform corresponds with the FINAL upload
time. This INCLUDES the extra 30 min. In other words, you must upload
, lOMoAR cPSD| 48047628
EXAMINATION QUESTIONS:
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 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 finds a buyer very quickly and
the property is transferred to the new owner (Sandra). The estate agent accidentally omitted to
, lOMoAR cPSD| 48047628
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.]
Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered with appropriate
1 3 5
reasons.
Correct reference(s) to the relevant prescribed
material in brackets following answer. The answer N/A N/A 1
does not exceed 10 lines.
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.]
, lOMoAR cPSD| 48047628
UNIVERSITY EXAMINATIONS
May/June 2024
PVL3701
Property Law
24 May 2024
08:00-12:00 (4 Hours)
100 Marks
First examiner: Prof IM Knobel
Mr LM Kutu
Second examiner: Prof L Kiewitz
External examiner: Dr T Gama-Kotzé
This paper consists of ten (10) pages.
This is an open-book examination
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. You have not allowed, and will not allow anyone to copy your work with the
intention of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
INSTRUCTIONS FOR A TAKE-HOME EXAM
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks. The duration of the examination is
from 08:00 – 12:00 (4 hours). In addition to the duration of the examination
indicated on the timetable, you are given 30 minutes to FINALISE the uploading
of your exam file. Your exam file must therefore be uploaded via the myExams
platform on 24 May 2024 BEFORE 12:30 (South African Standard Time).
NOTE: The time on the myExams platform corresponds with the FINAL upload
time. This INCLUDES the extra 30 min. In other words, you must upload
, lOMoAR cPSD| 48047628
EXAMINATION QUESTIONS:
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 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 finds a buyer very quickly and
the property is transferred to the new owner (Sandra). The estate agent accidentally omitted to
, lOMoAR cPSD| 48047628
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.]
Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered with appropriate
1 3 5
reasons.
Correct reference(s) to the relevant prescribed
material in brackets following answer. The answer N/A N/A 1
does not exceed 10 lines.
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.]
