PVL3701 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 24 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
Question 1
[54 Marks; ±120 Minutes]
Unathi owns a smallholding in KwaZulu Natal. Her property is adjacent to Luyo’s sma...
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PVL3701
Law of property
PORTFOLIO MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 24 MAY 2024
Includes detailed Footnotes and/or Bibliography.
PORTFOLIO PREVIEW
QUESTION 1
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.
….SEE PAGE 1 …
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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 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]
According to relevant case law such as Carmichele v Minister of Safety
and Security (2001) and Alexkor v Richtersveld Community (2003), the
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