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Summary Law of property summaries
- Institution
- University Of South Africa (Unisa)
Short and long definitions
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By: huntleylg24 • 2 year ago
By: Simplelaw • 2 year ago
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PVL3701–
Definitions
and
Short
Questions
Definitions
1)
Ownership
[7]
Ownership
is
the
most
comprehensive
real
right
a
person
can
have
with
regard
to
a
thing.
In
principle,
a
person
can
act
upon
and
with
this
thing
as
he/she
pleases.
This
apparent
freedom
is
restricted,
however,
by
the
law,
and
the
rights
of
others.
2)
Co-‐ownership
[5]
Co-‐ownership
can
be
defined
as
the
situation
where
two
or
more
persons
own
the
same
thing
at
the
same
time,
in
undivided
shares.
Two
forms
of
co-‐ownership
can
be
distinguished,
namely
free
co-‐ownership,
and
bound
co-‐ownership.
3)
Bound
co-‐ownership
[3]
Bound
co-‐ownership
exists
where
there
is
an
underlying
legal
relationship
between
the
co-‐owners
which
determines
the
basis
of
their
co-‐ownership,
for
example,
a
marriage
in
community
of
property.
4)
Possession
(in
its
broad
sense)
[5]
Possession
in
the
broad
sense
can
be
described
as
a
real
relationship
between
a
legal
subject
and
a
thing,
characterised
by
two
elements:
1. A
physical
element
(corpus)
2. A
mental
element
(animus)
5)
Bona
fide
possessor
[4]
A
bona
fide
possessor
can
be
defined
as
a
person
who
is
not
recognised
as
the
owner
of
the
thing
because
he/she
does
not
comply
with
the
requirements
for
establishing
ownership,
but
who
has
the
intention
of
an
owner,
on
the
incorrect
assumption
that
he/she
is
in
fact
the
owner.
6)
Mala
fide
possessor
[3]
A
person
who
is
aware
of
the
fact
that
he/she
is
not
legally
recognised
as
the
owner
of
a
thing,
but
who
nonetheless
has
the
intention
of
an
owner.
7)
Bona
fide
unlawful
holder
[4]
PVL3701
Definitions
and
Short
Questions
@yash0505
,
The
bona
fide
unlawful
holder
can
be
defined
as
a
person
who
physically
controls
the
thing
unlawfully
(for
the
sake
of
the
benefit
he/she
derives
from
it),
but
is
unaware
of
the
fact,
since
he/she
is
under
the
incorrect
impression
that
he/she
has
the
necessary
permission
or
legal
ground
to
control
it.
8)
Right
of
retention
(lien)
[5]
A
lien
can
in
general
be
defined
as
a
limited
real
right
to
secure
the
claim
of
a
person
who
has
spent
money
or
done
work
on
another
person’s
thing.
It
entitles
the
lienholder
to
keep
the
thing
until
he/she
has
been
paid.
9)
Servitude
[7]
A
limited
real
right
to
another
person’s
thing.
It
confers
special
entitlements
and
use
of
enjoyment
on
the
holder,
who
enjoys
these
entitlements
as
either
the
owner
of
a
particular
piece
of
land
(land
servitude)
or
in
a
personal
capacity
(personal
servitude).
10)
Personal
servitude
[5]
A
limited
real
right
granting
the
servitude
holder
specific
entitlements
and
use
of
enjoyment
with
regard
to
the
movable
or
immovable
thing
of
another,
in
his/her
personal
capacity,
for
a
specific
period
of
time
or
for
his
lifetime,
or
in
the
case
of
a
legal
person,
for
a
maximum
of
100
years.
11)
Restrictive
conditions
[6]
Restrictive
conditions
can
be
defined
as
a
category
of
limitations
on
ownership
which
are
either
registered
against
the
title
deed
of
property,
or
not
so
registered
and
imposed
in
terms
of
a
statute
or
based
on
a
contract
and
are
in
the
interests
of
land-‐use
planning.
12)
Pledge
[7]
A
limited
real
right
over
the
pledgor’s
thing,
delivered
to
the
pledgee
as
security
for
repayment
of
the
principal
debt
that
the
pledgor
or
a
third
party
owes
to
the
pledgee.
13)
Mortgage
[5]
A
limited
real
right
over
a
thing
belonging
to
the
mortgagor
in
order
to
secure
repayment
of
a
debt
owed
by
the
mortgagor
or
a
third
party
to
the
mortgagee.
14)
“Labour
tenant”
in
terms
of
the
Land
Reform
Act
[3]
A
person
who
has
the
right
to
reside
on
a
farm
and
also
to
use
the
land
for
cropping
or
grazing,
in
return
for
his/her
labour.
PVL3701
Definitions
and
Short
Questions
@yash0505
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