PVL3701 - Property Law Questions With All
Correct & Verified Answers
Interdict Correct answer-A summary court order applied for on an urgent basis. Applicant may
apply for an order forcing a person to do something or to refrain from doing something. Speedy
remedy where rights have been infringed or are about to be infringed
Requirements for an interdict Correct answer-- a clear right
- an actual or reasonably apprehended violation of a right
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
Delivery with the short hand? Correct answer-- no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? Correct answer-- capacities conferred on the legal subject by virtue of a right, in this
case the real right of ownership
- emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate
Consumable Correct answer-things that are used up or their value is considerably diminished by
ordinary use eg pencils, food stuffs
Non consumable Correct answer-are preserved in spite of normal use eg car, stove
Property? Correct answer-- everything that forms part of a persons estate
- in narrow sense, refers to the law of things which is the system of legal rules that regulates legal
relationships between legal subjects in regard to a particular legal object, namely a thing
Things? Correct answer-- a branch of private law which consists of a number of legal rules that
determine the nature, context, vesting, protection, transfer and termination of various real
relationships between a legal subject and a thing as well as the rights and duties ensuing from these
relationships
Derivative method of acquisition of ownership Correct answer-- occur with the cooperation of a
predecessor in title
- right which the transferee obtains is derived from the former owner
- predecessor in title should himself have been the owner and have been entitled to transfer
ownership
Original method of acquisition of ownership Correct answer-- used when there is no cooperation
from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? Correct answer-Applicant must
prove
- ownership or retention of a lawful interest from the date of theft to the date of institution of the
action
- theft or removal of the thing with deceitful intent
, - if the action is not instituted against the thief or deceitful remover, that the defendant is the heir of
the former
Name factors that will be considered by a court in determining the amount of compensation for an
expropriation ito S25 of Constitution? Correct answer-- current use of the property
- history of the acquisition and use of the property
- market value of the property
- the extent of direct State investments and subsidy in the acquisition and beneficial capital
improvement of the property
- the purpose of the expropriation
Requirements for rei vindicatio Correct answer-Plaintiff must prove on a balance of probabilities
that
- he is the owner
- the thing exists and is identifiable
- the defendant is in control
Ownership? Correct answer-Ownership can be defined as the most comprehensive real right that a
person can have with regards to his/her thing. In principle, a person can act upon and with his/her
thing as he/she pleases. This apparent freedom is restricted, however by the law and the rights of
others
Possession? Correct answer-Physical control of a thing with the intention of an owner, which is
always unlawful and is therefore only a real relationship, not a real right
Personalist theory Correct answer-- emphasis is placed on the person against who the right may be
enforced
- a real right operates absolutely, in the sense that it is enforceable against "the world at large"
- a personal right has relative operation. It can be enforced only against the particular who is obliged
to perform
Classical theory Correct answer-- corresponds to the original Roman Law distinction
0 distinguishes between the real and personal rights with reference to the nature of the object to
which each right pertains
- real rights concern the relationship between a person and a thing
- personal rights concern the relationship between persons. A personal right entitles the creditor to
claim performance from a particular person only. The object of the right is therefore performance
Nuisance in the narrow sense Correct answer-- occurs where a neighbors right of personality or
entitlement of use is infringed by eg noise or smell
- Prinsloo v Shaw 1938
- this infringement does not necessarily result in damage, but rather in a personality infringement,
Remedies are a prohibitory interdict and / or a claim for delictual compensation
Nuisance in the broad sense Correct answer-- results in damage to property and the remedies are
a prohibitory interdict and / or a claim for delictual damages
- Malherbe v Ceres Municiaplity
- Regal v African Superstate
Correct & Verified Answers
Interdict Correct answer-A summary court order applied for on an urgent basis. Applicant may
apply for an order forcing a person to do something or to refrain from doing something. Speedy
remedy where rights have been infringed or are about to be infringed
Requirements for an interdict Correct answer-- a clear right
- an actual or reasonably apprehended violation of a right
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
Delivery with the short hand? Correct answer-- no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? Correct answer-- capacities conferred on the legal subject by virtue of a right, in this
case the real right of ownership
- emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate
Consumable Correct answer-things that are used up or their value is considerably diminished by
ordinary use eg pencils, food stuffs
Non consumable Correct answer-are preserved in spite of normal use eg car, stove
Property? Correct answer-- everything that forms part of a persons estate
- in narrow sense, refers to the law of things which is the system of legal rules that regulates legal
relationships between legal subjects in regard to a particular legal object, namely a thing
Things? Correct answer-- a branch of private law which consists of a number of legal rules that
determine the nature, context, vesting, protection, transfer and termination of various real
relationships between a legal subject and a thing as well as the rights and duties ensuing from these
relationships
Derivative method of acquisition of ownership Correct answer-- occur with the cooperation of a
predecessor in title
- right which the transferee obtains is derived from the former owner
- predecessor in title should himself have been the owner and have been entitled to transfer
ownership
Original method of acquisition of ownership Correct answer-- used when there is no cooperation
from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? Correct answer-Applicant must
prove
- ownership or retention of a lawful interest from the date of theft to the date of institution of the
action
- theft or removal of the thing with deceitful intent
, - if the action is not instituted against the thief or deceitful remover, that the defendant is the heir of
the former
Name factors that will be considered by a court in determining the amount of compensation for an
expropriation ito S25 of Constitution? Correct answer-- current use of the property
- history of the acquisition and use of the property
- market value of the property
- the extent of direct State investments and subsidy in the acquisition and beneficial capital
improvement of the property
- the purpose of the expropriation
Requirements for rei vindicatio Correct answer-Plaintiff must prove on a balance of probabilities
that
- he is the owner
- the thing exists and is identifiable
- the defendant is in control
Ownership? Correct answer-Ownership can be defined as the most comprehensive real right that a
person can have with regards to his/her thing. In principle, a person can act upon and with his/her
thing as he/she pleases. This apparent freedom is restricted, however by the law and the rights of
others
Possession? Correct answer-Physical control of a thing with the intention of an owner, which is
always unlawful and is therefore only a real relationship, not a real right
Personalist theory Correct answer-- emphasis is placed on the person against who the right may be
enforced
- a real right operates absolutely, in the sense that it is enforceable against "the world at large"
- a personal right has relative operation. It can be enforced only against the particular who is obliged
to perform
Classical theory Correct answer-- corresponds to the original Roman Law distinction
0 distinguishes between the real and personal rights with reference to the nature of the object to
which each right pertains
- real rights concern the relationship between a person and a thing
- personal rights concern the relationship between persons. A personal right entitles the creditor to
claim performance from a particular person only. The object of the right is therefore performance
Nuisance in the narrow sense Correct answer-- occurs where a neighbors right of personality or
entitlement of use is infringed by eg noise or smell
- Prinsloo v Shaw 1938
- this infringement does not necessarily result in damage, but rather in a personality infringement,
Remedies are a prohibitory interdict and / or a claim for delictual compensation
Nuisance in the broad sense Correct answer-- results in damage to property and the remedies are
a prohibitory interdict and / or a claim for delictual damages
- Malherbe v Ceres Municiaplity
- Regal v African Superstate
