These are Exam questions and solutions as well as those that were found in assignments, study guides and practice questions. When you work through these you will gain an excellent understanding of concepts, theories, techniques and methods which will allow you to answer exam questions. This will sa...
1. Which one of the following things is a composite thing?
[1] a painting
[2] a roll of denim material
[3] a wild animal
[4] a bicycle (2)
2. Which one of the following real relationships is always lawful?
[1] bona fide possession
[2] ownership
[3] holdership
[4] mala fide possession (2)
3. Indicate the correct option.
In Ex Parte Geldenhuys (1926 OPD 155) the court formulated a test to determine the
distinction between:
[1] ownership and personal rights
[2] personal rights and real rights
[3] real rights and limited real rights
[4] personal servitudes and personal rights (2)
4. Peter donates a part of his farm to his daughter, Amy. They obtain permission to
subdivide the farm and Amy erects a fence on the new boundary. Amy fetches
Peter and together they drink a toast at the new gate. Peter says to Amy: “Amy, I
am glad that this piece of land is now your property!”
What type of right does Amy have with regard to the land?
[1] real right
[2] personal right
[3] limited real right
[4] none of the above (2)
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5. Sandy has been leasing a flat since January 2020. After two months the owner of
the flat, Silas, asks her whether she wants to buy the flat. She agrees but is not
sure how she will become the owner of the flat. Her friend, Jane (a law student),
explains the position to Sandy. Which of the following statements is incorrect?
[1] During February 2020 Sandy had a personal right against Silas to live in the
flat.
[2] Ownership over the flat will be transferred from Silas to Sandy through
registration in the deeds registry.
[3] Ownership over the flat will be transferred through delivery with the short hand
because Sandy is already in control of the flat.
[4] Once Sandy is the owner of the flat she obtains a real right over the flat. This
real right can be limited by the law and the rights of others. (2)
6. Which one of the following things can be regarded as a res nullius?
[1] a Persian cat sleeping in the neighbour’s living room
[2] an impala roaming in the bushes
[3] a domesticated tiger living in his owner’s house
[4] a kudu kept on a private game farm for hunting purposes (2)
7. Which one of the following statements, about valid defences against the rei
vindicatio, is incorrect?
[1] An owner of land who wants to evict persons residing on his land unlawfully,
may only do so if he obtains a court order for their eviction.
[2] An owner who leads third parties to believe that someone else is the owner of
his/her thing, cannot reclaim his/her thing from a third party who relied on this
misrepresentation and in that way acted to his/her (third party) detriment.
[3] An owner whose things were sold, by mistake, at a judicial sale in
execution of judgment, may reclaim his things from any bona fide
purchaser who bought the things and took delivery thereof.
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