PVL3701
Assignment 2 Semester 2 2026
Unique number:
Due date: August 2026
QUESTION 1
In Graceful Blessings (Pty) Ltd v Zander Burger Properties (Pty) Ltd, the
court confirmed that Graceful Blessings was the registered owner of the
Bloemfontein commercial property (2024 (2) SA 441 (FB) para 1).
,QUESTION 1
In Graceful Blessings (Pty) Ltd v Zander Burger Properties (Pty) Ltd, the
court confirmed that Graceful Blessings was the registered owner of the
Bloemfontein commercial property (2024 (2) SA 441 (FB) para 1).
Its right was therefore ownership, the most comprehensive real right that
a person can have over their own thing, although it is limited by law and
the rights of other people (S Scott, Property Law Study Guide (PVL3701)
(Department of Private Law Unisa, 2016) 42).
Ownership normally gives the owner control, use, enjoyment, alienation,
burdening and vindication of the property (Scott, Property Law Study Guide 45-46).
By leasing the premises to ZBP, Graceful Blessings voluntarily limited its
own use and control because ZBP obtained a personal contractual right to
occupy and use the premises for the agreed period (Scott, Property Law Study
Guide 48).
Clause 18 allowed cancellation and repossession after breach, but it did not
permit Graceful Blessings to change the locks and remove ZBP through self-help
instead of court process (Graceful Blessings paras 25, 63-65).
QUESTION 2
ZBP used the mandament van spolie because it was physically occupying the
premises when Graceful Blessings changed the locks without a court order,
thereby excluding ZBP from the property (Graceful Blessings paras 1-2).
The remedy protects peaceful and undisturbed factual control against unlawful
dispossession and restores possession before the merits of the parties’ rights
are decided (Scott, Property Law Study Guide 162).
In Nino Bonino v De Lange, the court held that a person may not use
self-help to remove another from property, even when that person believes they
have a valid claim to possession (1906 TS 120 124-125, as discussed in Scott,
Property Law Study Guide 161-162).
Assignment 2 Semester 2 2026
Unique number:
Due date: August 2026
QUESTION 1
In Graceful Blessings (Pty) Ltd v Zander Burger Properties (Pty) Ltd, the
court confirmed that Graceful Blessings was the registered owner of the
Bloemfontein commercial property (2024 (2) SA 441 (FB) para 1).
,QUESTION 1
In Graceful Blessings (Pty) Ltd v Zander Burger Properties (Pty) Ltd, the
court confirmed that Graceful Blessings was the registered owner of the
Bloemfontein commercial property (2024 (2) SA 441 (FB) para 1).
Its right was therefore ownership, the most comprehensive real right that
a person can have over their own thing, although it is limited by law and
the rights of other people (S Scott, Property Law Study Guide (PVL3701)
(Department of Private Law Unisa, 2016) 42).
Ownership normally gives the owner control, use, enjoyment, alienation,
burdening and vindication of the property (Scott, Property Law Study Guide 45-46).
By leasing the premises to ZBP, Graceful Blessings voluntarily limited its
own use and control because ZBP obtained a personal contractual right to
occupy and use the premises for the agreed period (Scott, Property Law Study
Guide 48).
Clause 18 allowed cancellation and repossession after breach, but it did not
permit Graceful Blessings to change the locks and remove ZBP through self-help
instead of court process (Graceful Blessings paras 25, 63-65).
QUESTION 2
ZBP used the mandament van spolie because it was physically occupying the
premises when Graceful Blessings changed the locks without a court order,
thereby excluding ZBP from the property (Graceful Blessings paras 1-2).
The remedy protects peaceful and undisturbed factual control against unlawful
dispossession and restores possession before the merits of the parties’ rights
are decided (Scott, Property Law Study Guide 162).
In Nino Bonino v De Lange, the court held that a person may not use
self-help to remove another from property, even when that person believes they
have a valid claim to possession (1906 TS 120 124-125, as discussed in Scott,
Property Law Study Guide 161-162).
