PVL3701 EXAM PACK
2026
FOR ASSISTANCE CONTACT
EMAIL:
, lOMoARcPSD|31863004
LAW OF PROPERTY
PVL3701
EXAM PAPERS
MAY/JUNE 2020
QUESTION 1
Multiple Questions
1. Which one of the following things is a composite thing?
a. a painting
b. a roll of denim material
c. a wild animal
d. a bicycle
2. Which one of the following real relationships is always lawful?
a. ownership and personal rights
b. personal rights and real rights
c. real rights and limited real rights
d. personal servitudes and personal rights
3. Indicate the CORRECT option?
In Ex Parte Geldenhuys (1926 OPD 155) the court formulated a test to determine the
distinction between:
a. ownership and personal rights
b. personal rights and real rights
c. real rights and limited real rights
d. personal servitudes and personal rights
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?
a. real right
b. personal right
c. limited real right
d. none of the above
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?
a. During February 2020Sandy had a personal right against Silas to live in the flat.
b. Ownership over the flat will be transferred from Silas to Sandy through registration in the
deed’s registry.
c. Ownership over the flat will be transferred through delivery with the short hand because Sandy
is already in control of the flat.
d. 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.
6. Which one of the following things can be regarded as res nullius?
a. a Persian cat sleeping in the neighbour’s living room
b. an impala roaming in the bushes
c. a domesticated tiger living in his owner’s house
d. a kudu kept on a private game farm for hunting purposes
, lOMoARcPSD|31863004
7. Which one of the following statements, about valid defences against the rei vindicatio, is
INCORRECT?
a. 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.
b. An owner who leads third parties to believe that someone else is the owner of his/her thing,
cannot reclaim his/her thing form a third party who relied on this misrepresentation and in that
way acted to his/her (third party) detriment.
c. An owner whose things were sold, by mistake, at a judicial sale in execution of
judgement, may reclaim his things from any bona fide purchaser who bought the things
and took delivery thereof.
d. An owner of money cannot reclaim his money from a third party if his/her (the owner’s) money
was stolen by a thief and given to the third party in good faith for valuable consideration.
8. Which one of the following constitutes an example of original acquisition of ownership?
a. The state expropriates John’s farm that he inherited from his father.
b. John sells his farm to his neighbour, Vincent.
c. John sells a tractor to the nearby cooperative; the agreed purchase price is paid into John’s
account and John hands the keys of the tractor to the representative of the cooperative.
d. The state buys 100 bags of potatoes from John to distribute among a group of homeless people.
A representative comes to collect the potatoes after John pointed it out.
9. Which one of constructive delivery can take place in instances where the transferee is in a
position where someone else exercises physical control of the thing on his/her behalf?
a. symbolic delivery, deliver with the short hand (traditio brevi manu)
b. constitutum possessorium, delivery with the short hand (traditio brevi manu)
c. attornment, constitutum possessorium
d. attornment, delivery with the long hand (traditio longa manu)
10. Indicate the INCORRECT option in respect of the requirements of attornment.
a. A tripartite agreement must exist between all three parties concerned.
b. The third party (holder) must be in control of the thing when the tripartite agreement is concluded.
c. The third party (holder) can consent in advance to a future transfer of ownership.
d. A method of transfer of ownership similar to attornment was recognised in Caledon en SWD
Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)).
11. Which one of the following statements based on the decision of Vasco Dry Cleaners v Twycross
(1979 (1) SA 603 (A)) is INCORRECT?
a. In the case of constitutum possessorium a transferor retains physical control of the thing to be
transferred.
b. Constitutum possessorium does constitute delivery for purpose of creating a valid
pledge.
c. Constitutum possessorium creates the possibility of fraud.
d. The real object underlying the transaction between Air Capricorn and Twycross was not a sale
agreement but a pledge agreement.
12. The aim of the actio negatoria is to:
a. claim the market value of the thing that was destroyed or alienated with mala fide intention
b. claim the stolen thing or its highest value since the theft
c. determine the rights and duties of contesting parties
d. protect ownership where a servitude holder exceeds the limits of her servitude
13. Which one of the following factors is NOT CONSIDERED by the South African Courts to
determine whether a movable thing became permanently attached to an immovable thing by
means of accession in such a way that it becomes part of the immovable thing?
a. The nature and purpose of the attached thing.
b. The duration of attachment of the movable thing.
c. The manner and degree of attachment.
d. The intention of the person annexing it or the intention of the owner of the movable thing.
, lOMoARcPSD|31863004
14. Indicate the INCORRECT option:
Jane owns an iPhone. Jane’s ownership over the phone could be terminated in the following
ways:
a. Jane loses her iPhone at OR Tambo International airport.
b. Jane gives the iPhone to her younger brother as a gift.
c. Jane sells the iPhone to her friend for R2 000 and delivers it to her.
d. Jane’s iPhone accidently falls in the washing machine, and it is destroyed.
15. Nehanda is the owner of a farm. She has a lucerne field on the only suitable piece of fertile land
where there is enough water. This lucerne field borders her neighbour’s farm. Her neighbour
planted a row of pine trees along the boundary between the two farms. The trees have grown
big and the branches hang over the lucerne field. The trees cast a lot of shade and the pine
needles fall into the lucerne, killing large parts of it.
Which remedy does Nehanda have against the neighbour? Indicate the most suitable option.
a. rei vindicatio
b. actio ad exhibendum
c. declaratory order
d. interdict
16. Kimu and Myra live next to each other in a rural area. Both plant wheat what they yield, store in
bags and grind into flour as the need arises. Without Myra’s consent or knowledge, Kimu
accidently takes one of Myra’s bags of wheat, grinds it and bakes 5 loaves of bread.
This is an example of …………
a. mixing (commixtio)
b. manufacturing (specificatio)
c. appropriation (occupatio)
d. (accessio)
17. Which one of the following statements relating to an interdict is INCORRECT?
a. A lessee cannot apply for an interdict.
b. A lessor can apply for an interdict.
c. An owner can apply for an interdict.
d. A thief cannot apply for an interdict.
18. Barry owns a farm in the Northern Cape. Due to the draught Barry does not have enough feed
for his sheep. His neighbour, Sipho, has no livestock and agrees that Barry’s sheep can graze
on his land. Two months later Barry decides to sell his sheep. Sipho offers to buy the sheep
from Barry and pays the purchase price.
Sipho will acquire ownership of the sheep by means of ………
a. delivery with the long hand
b. symbolic delivery
c. deliver with the short hand
d. constitutum possessorium
19. Barry decides to sell a windmill that he does not need anymore. His neighbour, Martha, is
interested. They meet at the gate of Barry’s farm. He is in a hurry to go to town and points to
the windmill. Martha knows that the windmill is in a good working condition and does not ask
barry if she can inspect it. She has known him for years and trusts him. They agree on the
purchase price and Martha immediately transfers the agreed amount into Barry’s account. Barry
agrees that he will leave his gate open so that she can come and remove the windmill the next
day. on her arrival the next morning, the gate is locked and Barry is nowhere to be seen. The
next day she drives to the gate again and find a sign at the gate indicating that Barry’s farm has
been sold. To her surprise, the new owner, Mandla, arrives. She asks him about the windmill
and he informs her that he bought the windmill separately and paid for it.
2026
FOR ASSISTANCE CONTACT
EMAIL:
, lOMoARcPSD|31863004
LAW OF PROPERTY
PVL3701
EXAM PAPERS
MAY/JUNE 2020
QUESTION 1
Multiple Questions
1. Which one of the following things is a composite thing?
a. a painting
b. a roll of denim material
c. a wild animal
d. a bicycle
2. Which one of the following real relationships is always lawful?
a. ownership and personal rights
b. personal rights and real rights
c. real rights and limited real rights
d. personal servitudes and personal rights
3. Indicate the CORRECT option?
In Ex Parte Geldenhuys (1926 OPD 155) the court formulated a test to determine the
distinction between:
a. ownership and personal rights
b. personal rights and real rights
c. real rights and limited real rights
d. personal servitudes and personal rights
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?
a. real right
b. personal right
c. limited real right
d. none of the above
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?
a. During February 2020Sandy had a personal right against Silas to live in the flat.
b. Ownership over the flat will be transferred from Silas to Sandy through registration in the
deed’s registry.
c. Ownership over the flat will be transferred through delivery with the short hand because Sandy
is already in control of the flat.
d. 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.
6. Which one of the following things can be regarded as res nullius?
a. a Persian cat sleeping in the neighbour’s living room
b. an impala roaming in the bushes
c. a domesticated tiger living in his owner’s house
d. a kudu kept on a private game farm for hunting purposes
, lOMoARcPSD|31863004
7. Which one of the following statements, about valid defences against the rei vindicatio, is
INCORRECT?
a. 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.
b. An owner who leads third parties to believe that someone else is the owner of his/her thing,
cannot reclaim his/her thing form a third party who relied on this misrepresentation and in that
way acted to his/her (third party) detriment.
c. An owner whose things were sold, by mistake, at a judicial sale in execution of
judgement, may reclaim his things from any bona fide purchaser who bought the things
and took delivery thereof.
d. An owner of money cannot reclaim his money from a third party if his/her (the owner’s) money
was stolen by a thief and given to the third party in good faith for valuable consideration.
8. Which one of the following constitutes an example of original acquisition of ownership?
a. The state expropriates John’s farm that he inherited from his father.
b. John sells his farm to his neighbour, Vincent.
c. John sells a tractor to the nearby cooperative; the agreed purchase price is paid into John’s
account and John hands the keys of the tractor to the representative of the cooperative.
d. The state buys 100 bags of potatoes from John to distribute among a group of homeless people.
A representative comes to collect the potatoes after John pointed it out.
9. Which one of constructive delivery can take place in instances where the transferee is in a
position where someone else exercises physical control of the thing on his/her behalf?
a. symbolic delivery, deliver with the short hand (traditio brevi manu)
b. constitutum possessorium, delivery with the short hand (traditio brevi manu)
c. attornment, constitutum possessorium
d. attornment, delivery with the long hand (traditio longa manu)
10. Indicate the INCORRECT option in respect of the requirements of attornment.
a. A tripartite agreement must exist between all three parties concerned.
b. The third party (holder) must be in control of the thing when the tripartite agreement is concluded.
c. The third party (holder) can consent in advance to a future transfer of ownership.
d. A method of transfer of ownership similar to attornment was recognised in Caledon en SWD
Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)).
11. Which one of the following statements based on the decision of Vasco Dry Cleaners v Twycross
(1979 (1) SA 603 (A)) is INCORRECT?
a. In the case of constitutum possessorium a transferor retains physical control of the thing to be
transferred.
b. Constitutum possessorium does constitute delivery for purpose of creating a valid
pledge.
c. Constitutum possessorium creates the possibility of fraud.
d. The real object underlying the transaction between Air Capricorn and Twycross was not a sale
agreement but a pledge agreement.
12. The aim of the actio negatoria is to:
a. claim the market value of the thing that was destroyed or alienated with mala fide intention
b. claim the stolen thing or its highest value since the theft
c. determine the rights and duties of contesting parties
d. protect ownership where a servitude holder exceeds the limits of her servitude
13. Which one of the following factors is NOT CONSIDERED by the South African Courts to
determine whether a movable thing became permanently attached to an immovable thing by
means of accession in such a way that it becomes part of the immovable thing?
a. The nature and purpose of the attached thing.
b. The duration of attachment of the movable thing.
c. The manner and degree of attachment.
d. The intention of the person annexing it or the intention of the owner of the movable thing.
, lOMoARcPSD|31863004
14. Indicate the INCORRECT option:
Jane owns an iPhone. Jane’s ownership over the phone could be terminated in the following
ways:
a. Jane loses her iPhone at OR Tambo International airport.
b. Jane gives the iPhone to her younger brother as a gift.
c. Jane sells the iPhone to her friend for R2 000 and delivers it to her.
d. Jane’s iPhone accidently falls in the washing machine, and it is destroyed.
15. Nehanda is the owner of a farm. She has a lucerne field on the only suitable piece of fertile land
where there is enough water. This lucerne field borders her neighbour’s farm. Her neighbour
planted a row of pine trees along the boundary between the two farms. The trees have grown
big and the branches hang over the lucerne field. The trees cast a lot of shade and the pine
needles fall into the lucerne, killing large parts of it.
Which remedy does Nehanda have against the neighbour? Indicate the most suitable option.
a. rei vindicatio
b. actio ad exhibendum
c. declaratory order
d. interdict
16. Kimu and Myra live next to each other in a rural area. Both plant wheat what they yield, store in
bags and grind into flour as the need arises. Without Myra’s consent or knowledge, Kimu
accidently takes one of Myra’s bags of wheat, grinds it and bakes 5 loaves of bread.
This is an example of …………
a. mixing (commixtio)
b. manufacturing (specificatio)
c. appropriation (occupatio)
d. (accessio)
17. Which one of the following statements relating to an interdict is INCORRECT?
a. A lessee cannot apply for an interdict.
b. A lessor can apply for an interdict.
c. An owner can apply for an interdict.
d. A thief cannot apply for an interdict.
18. Barry owns a farm in the Northern Cape. Due to the draught Barry does not have enough feed
for his sheep. His neighbour, Sipho, has no livestock and agrees that Barry’s sheep can graze
on his land. Two months later Barry decides to sell his sheep. Sipho offers to buy the sheep
from Barry and pays the purchase price.
Sipho will acquire ownership of the sheep by means of ………
a. delivery with the long hand
b. symbolic delivery
c. deliver with the short hand
d. constitutum possessorium
19. Barry decides to sell a windmill that he does not need anymore. His neighbour, Martha, is
interested. They meet at the gate of Barry’s farm. He is in a hurry to go to town and points to
the windmill. Martha knows that the windmill is in a good working condition and does not ask
barry if she can inspect it. She has known him for years and trusts him. They agree on the
purchase price and Martha immediately transfers the agreed amount into Barry’s account. Barry
agrees that he will leave his gate open so that she can come and remove the windmill the next
day. on her arrival the next morning, the gate is locked and Barry is nowhere to be seen. The
next day she drives to the gate again and find a sign at the gate indicating that Barry’s farm has
been sold. To her surprise, the new owner, Mandla, arrives. She asks him about the windmill
and he informs her that he bought the windmill separately and paid for it.
