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Make Studying Easy & Simple
PVL3701 Easy Notes
By
Gift Mathipa
For Assistance With Exams, Exam Preps, Portfolios and Etc
kindly what’s app Text 0721889104 or 0792699991
NB: The in-text referencing style I’ve used in this paper below is mostly
required to be used in PVL3701 Examinations.
, STUDY UNIT 1: INTRODUCTION TO PROPERTY LAW – THINGS AS LEGAL
OBJECTS
1. What is Property Law?
Broad sense: Everything a person owns (e.g. land, car, bank account, copyright).
Narrow sense (our focus): Law of things – legal rules about how people relate to
things.
Key definition
The law of things is a branch of private law that governs relationships between
people and things as legal objects (Study Guide p. 10).
2. Legal Subjects vs Legal Objects
Legal subject = someone who can have rights and duties (e.g. a person or
company).
Legal object = what rights are exercised over (e.g. a thing, performance, image).
3. What is a Thing (Legal Definition)?
A thing is:
Corporeal – it has a physical form (e.g. land, car).
External to humans – cannot be part of a person’s body.
Independent – stands alone (not just part of another).
Under human control – can be owned or managed.
Useful/valuable to humans – has some importance or worth.
Example: A farm is a “thing”; its shed is an accessory to the main thing (Study Guide
pp. 17–20).
Quick Questions for Class:
1 What is the difference between a legal subject and a legal object?
2 Name the 5 characteristics of a “thing” in property law.
3 Why can a human body not be a legal object?
2
, STUDY UNIT 2: REAL RIGHTS AND PERSONAL (CREDITOR'S) RIGHTS
2.1 What’s the Difference?
Real RightPersonal (Creditor’s) RightEnforced against the whole worldEnforced only
against a specific personExample: ownership of landExample: right to payment
under a contractRegistered in deeds officeNot usually registrable
Real rights = things | Personal rights = obligations::::::::: (Study Guide pp. 29–30)
2.2. Two Theories Explaining the Difference:
(a) Personalist Theory:
Real rights work against everyone (e.g. you can claim your car back from
anyone).
Personal rights only work against one person (e.g. someone who owes you
money).
(b) Classical Theory:
Real rights relate to a thing.
Personal rights relate to a performance.
3. The Subtraction from the Dominium Test
Ask: Does the right take away a portion of the owner’s control over the thing?
If yes = real right.
If no = personal right.
Quick Class Questions
1 Give an example of a real right and a personal right.
2 According to the personalist theory, what is a key feature of real rights?
3 What does the subtraction test help us decide?
Sources of Property Law (Ranked):
The Constitution (1996)
3
, Statutes (e.g. Land Survey Act 8 of 1997)
Court decisions
Roman-Dutch/common/customary law - (Study Guide p. 15)
STUDY UNIT 3: OWNERSHIP – DEFINITION AND LIMITATIONS
3.1. What is Ownership?
Ownership is the most complete real right a person can have over a thing.
Definition:
Ownership is the lawful real relationship between a person (legal subject) and a
thing, giving the person the fullest possible control over the thing. (Study Guide p.
42)
3.2. Entitlements of Ownership
An owner has these powers (entitlements):
Use and enjoy the thing (e.g. live in a house, drive a car)
Control the thing
Fruits – enjoy benefits like crops or rent
Consume or destroy it (if allowed by law)
Alienate (sell or donate)
Burden it (e.g. give someone a servitude or mortgage)
Vindicate – claim it from anyone who holds it unlawfully
3.3. Limitations on Ownership
Ownership is not absolute. It may be limited in two ways:
(a) By Law:
Statutes (e.g. environmental, health, zoning laws)
Constitution – protects against arbitrary deprivation (s 25)
(b) By Rights of Others:
Limited real rights like servitudes (e.g. right of way)
Personal rights (e.g. lease agreement)
Neighbour law (e.g. can't block light or cause nuisance)
4
Make Studying Easy & Simple
PVL3701 Easy Notes
By
Gift Mathipa
For Assistance With Exams, Exam Preps, Portfolios and Etc
kindly what’s app Text 0721889104 or 0792699991
NB: The in-text referencing style I’ve used in this paper below is mostly
required to be used in PVL3701 Examinations.
, STUDY UNIT 1: INTRODUCTION TO PROPERTY LAW – THINGS AS LEGAL
OBJECTS
1. What is Property Law?
Broad sense: Everything a person owns (e.g. land, car, bank account, copyright).
Narrow sense (our focus): Law of things – legal rules about how people relate to
things.
Key definition
The law of things is a branch of private law that governs relationships between
people and things as legal objects (Study Guide p. 10).
2. Legal Subjects vs Legal Objects
Legal subject = someone who can have rights and duties (e.g. a person or
company).
Legal object = what rights are exercised over (e.g. a thing, performance, image).
3. What is a Thing (Legal Definition)?
A thing is:
Corporeal – it has a physical form (e.g. land, car).
External to humans – cannot be part of a person’s body.
Independent – stands alone (not just part of another).
Under human control – can be owned or managed.
Useful/valuable to humans – has some importance or worth.
Example: A farm is a “thing”; its shed is an accessory to the main thing (Study Guide
pp. 17–20).
Quick Questions for Class:
1 What is the difference between a legal subject and a legal object?
2 Name the 5 characteristics of a “thing” in property law.
3 Why can a human body not be a legal object?
2
, STUDY UNIT 2: REAL RIGHTS AND PERSONAL (CREDITOR'S) RIGHTS
2.1 What’s the Difference?
Real RightPersonal (Creditor’s) RightEnforced against the whole worldEnforced only
against a specific personExample: ownership of landExample: right to payment
under a contractRegistered in deeds officeNot usually registrable
Real rights = things | Personal rights = obligations::::::::: (Study Guide pp. 29–30)
2.2. Two Theories Explaining the Difference:
(a) Personalist Theory:
Real rights work against everyone (e.g. you can claim your car back from
anyone).
Personal rights only work against one person (e.g. someone who owes you
money).
(b) Classical Theory:
Real rights relate to a thing.
Personal rights relate to a performance.
3. The Subtraction from the Dominium Test
Ask: Does the right take away a portion of the owner’s control over the thing?
If yes = real right.
If no = personal right.
Quick Class Questions
1 Give an example of a real right and a personal right.
2 According to the personalist theory, what is a key feature of real rights?
3 What does the subtraction test help us decide?
Sources of Property Law (Ranked):
The Constitution (1996)
3
, Statutes (e.g. Land Survey Act 8 of 1997)
Court decisions
Roman-Dutch/common/customary law - (Study Guide p. 15)
STUDY UNIT 3: OWNERSHIP – DEFINITION AND LIMITATIONS
3.1. What is Ownership?
Ownership is the most complete real right a person can have over a thing.
Definition:
Ownership is the lawful real relationship between a person (legal subject) and a
thing, giving the person the fullest possible control over the thing. (Study Guide p.
42)
3.2. Entitlements of Ownership
An owner has these powers (entitlements):
Use and enjoy the thing (e.g. live in a house, drive a car)
Control the thing
Fruits – enjoy benefits like crops or rent
Consume or destroy it (if allowed by law)
Alienate (sell or donate)
Burden it (e.g. give someone a servitude or mortgage)
Vindicate – claim it from anyone who holds it unlawfully
3.3. Limitations on Ownership
Ownership is not absolute. It may be limited in two ways:
(a) By Law:
Statutes (e.g. environmental, health, zoning laws)
Constitution – protects against arbitrary deprivation (s 25)
(b) By Rights of Others:
Limited real rights like servitudes (e.g. right of way)
Personal rights (e.g. lease agreement)
Neighbour law (e.g. can't block light or cause nuisance)
4
