Pvl3701 Assignment 2 (Complete Answers) Semester 2 2026 - Due 23 September 2026

PVL3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2026 - DUE 23 SEPTEMBER 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Ishaan inherited a house from his late father, Sanjay. The inheritance is subject to a lifelong usufruct in favour of his mother,Izna, who lives in the house. Ten years after Sanjay’s death, Izna remarries. Ishaan is upset about this and tells his motherthat she must leave the house by the end of the month. Which one of the following remedies can Izna institute to protect hercontrol over the house? Select one: a. possessory action b. interdict c. spoliation remedy d. estoppel Indicate the incorrect option. In terms of the Land Reform (Labour Tenants) Act 3 of 1996 … Select one: a. a labour tenant is a person who has no right to reside on a farm. b. a labour tenant has the right to use land for cropping or grazing in return for labour. c. a labour tenant can only be evicted in terms of a court order. d. a labour tenant’s remuneration could substantially consist of the right to occupy and use land. Question 15 Complete Marked out of 1 Mohlakeng Extension 16 is a residential area. A condition of title is inserted against the title deeds of each house in the area.The condition of title provides that no building or other structure shall be erected within the area. The condition of title in eachtitle deed constitutes … Select one: a. an invalid expropriation in terms of section 25(1) of the Constitution. b. a valid deprivation in terms of section 25(1) of the Constitution. c. an invalid deprivation in terms of section 25(1) of the Constitution. d. a valid expropriation in terms of section 25(1) of the Constitution. PVL3701-26-S1  Welcome Message  Assessment 2 Started on Friday, 17 April 2026, 8:34 PM State Finished Completed on Friday, 17 April 2026, 8:56 PM Time taken 22 mins 30 secs Question 1 Complete Marked out of 1 Question 2 Complete Marked out of 1 QUIZ Indicate the correct option with regard to the description of a “thing” in a legal sense for purposes of property law. Select one: a. A thing is a legal object which is an independent part of the corporeal world, is external to humans andsubject to human control, as well as useful and valuable to humans. b. A thing is a legal subject which we define as an independent part of the corporeal world, which is external tohumans and subject to human control, as well as useful and valuable to humans. c. A thing is a legal object which is incorporeal in nature, but forms an independent part of the corporeal world,which is external to humans and subject to human control. d. A thing is an independent part of the corporeal world, which is external to humans, as well as useful andvaluable to humans. Which of the following categories of animals are not considered to be res nullius ? (i) Wild animals before being captured by someone (ii) Wild animals which have been domesticated or tamed after being captured (iii) Wild animals that were captured but reverted to their former wild state (iv) Domestic animals (dogs, cats, parrots etc) or wild animals regulated by the Game Theft Act 105 of 1991 Select one: a. (i) and (ii) b. (ii) and (iii) c. (ii) and (iv) d. (i) and (iii) Question 3 Complete Marked out of 1 Question 4 Complete Marked out of 1 In Gien v Gien (1979 (2) SA 1113 (T)) the court defined ownership with reference to its inherent nature as the mostcomprehensive real right a person can have to a thing. In view of this, which of the following statements below is/are incorrect ? (i) The owner’s freedom is restricted by law (ii) The owner has the freedom to do as she or he pleases with his/her or thing without limitation. (iii) The owner’s rights are limited by the rights of others Select one: a. (i) b. (ii) and (iii) c. (i) and (iii) d. (ii) Which one of the following statements relating the actio legis aquiliae (aquilian action/delictual claim for damages) is incorrect ? Select one: a. A person who buys a car on credit but who has not paid all the instalments may institute this action againstsomeone who caused damage to the car unlawfully. b. The defendant should have acted culpably. c. The damaged thing could be claimed with this action. d. A car rental company may institute this action against a person who unlawfully caused damage to one of its rentalcars. Question 5 Complete Marked out of 1 Question 6 Complete Marked out of 1 Question 7 Complete Marked out of 1 On his way to work, Bongani sees a small shiny object on the sidewalk next to a municipal dustbin. He decides to investigateand finds a gold necklace with a broken clip. He picks up the necklace and puts it in his pocket. That afternoon, he sees youand tells you about his good fortune finding the gold necklace. How would you, as a law student, respond? Indicate the mostsuitable statement. Select one: a. Bongani became the owner of the gold necklace through appropriation seeing that he took physical control of a lostthing ( res deperditae ) with the intention of an owner. b. Bongani cannot become the owner of the gold necklace because transfer of ownership of valuable movable thingsmust take place by means of physical delivery of the thing from the transferor to the transferee. c. Bongani became owner of the gold necklace by means of prescription (an original method of acquisition ofownership) when he took physical control of it. d. Bongani became owner of the gold necklace through appropriation if he can prove that the previous ownerabandoned his/her ownership by throwing it in the municipal dustbin. Paul wants to buy a townhouse from Sibusiso in Monument Park for an amount of R895 000. Which one of the followingstatements is correct regarding transfer of ownership of immovable property? Select one: a. The transfer of ownership of immovable things (land) takes place by way of delivery in terms of the Deeds RegistriesAct 47 of 1937. b. Handing over of keys is sufficient for the transfer of ownership of the townhouse to Paul. c. Registration of land cannot take place without the lodging at the deeds registry of Sibusiso’s title deed of thetownhouse. d. After signing the sale agreement Paul should be considered the owner of the townhouse. Hellen and Peter are married in community of property. They bought erf 5142 Sundowner Estate Township in GautengProvince from the developer, Shooting Star Properties (Pty) Ltd. What type of ownership do Hellen and Peter have with regardto the said erf? Select one: a. free co-ownership b. bound co-ownership c. sectional title ownership d. shared ownership. Question 8 Complete Marked out of 1 Question 9 Complete Marked out of 1 Question 10 Complete Marked out of 1 An owner, bona fide possessor and mala fide possessor each has a … Select one: a. lawful real relationship with the thing it physically controls with the intention of deriving a benefit from the thing. b. real relationship with the thing it physically controls with the intention of an owner. c. lawful real relationship with the thing it physically controls which affords it a real right over the thing. d. real relationship with the thing with the intention to become an owner. Thulani is a lessee in a sectional title unit. He unknowingly concludes an invalid lease contract with Jake who is the lessor.Thulani wrongfully believes that he is using the premises with the lessor’s permission. Thulani can be classified as a … Select one: a. bona fide unlawful holder. b. mala fide unlawful holder. c. lawful holder. d. lawful possessor. Trevor is part of a group of people who were relocated to an emergency shelter in Johannesburg. He was involved in aconfrontation with other residents of the shelter. After this confrontation, Trevor left the shelter. He locked the room that hewas allowed to occupy and left most of his things in the room. He returned after 2 months and spent the night in the room.He went out for a while the next day, but when he returned the security personnel of the shelter barred him from entering.Which of the following statements is incorrect ? Select one: a. In terms of section 26 of the Constitution, Trevor has a right of access to adequate housing and may not be evictedfrom the room without a court order. b. Trevor can rely on the spoliation order ( mandament van spolie ) if he can prove that he was in peaceful andundisturbed control of the room and that his control was disturbed unlawfully. c. The security personnel acted unlawfully and took the law into their own hands when they barred Trevor from enteringthe room. d. Trevor left the room for 2 months and was therefore not in peaceful and undisturbed control of the room. He will notsucceed with the spoliation remedy ( mandament van spolie ). Question 11 Complete Marked out of 1 Question 12 Complete Marked out of 1 Question 13 Complete Marked out of 1 Indicate the incorrect option. A special notarial bond … Select one: a. can be described as a bond registered over specifically described corporeal movable property. b. grants a limited real right over the specified movable property after registration. c. cannot be registered over incorporeal movable property. d. comes into existence upon delivery of the movable property. John has a right of way over Janine’s farm. Janine unlawfully prevents John from using the road. Which remedy can John, asservitude holder, use to restore his control? Select one: a. The actio negatoria. b. The interdict. c. The declaratory order. d. The spoliation order. Ntsako’s brother, Jacob, wants to borrow R80 000 from Ntsako. Ntsako wants to lend the money to his brother, but Jacob hasa gambling problem and Ntsako wants some form of security for the repayment of the loan. Jacob offers four of his Ngunibulls (worth R20 000 each) as security for the repayment of the loan. What real security right would be the most suitable inthis case? Select one: a. mortgage bond b. right of retention c. covering bond d. right of pledge Question 14 Complete Marked out of 1 Question 15 Complete Marked out of 1 Indicate the correct option. The National Water Act 36 of 1998 provides that … Select one: a. an upper owner must allow a lower owner the use of a reasonable share of water that arose on his/her (upperowner) land. b. the state is the owner of all water in the country. c. there is no distinction between public water and private water. d. all persons who want to use water must have a license. Glenda’s property is zoned as “residential” in terms of the land-use scheme and therefore she cannot operate a restaurant inthe premises. She is unhappy and feels that as owner she should be allowed to exercise all her entitlements. Consider thefollowing statements: (i) A land-use scheme that restricts the use of her property for residential purposes only, amounts to a deprivation. (ii) The deprivation of property constitutes the exercise of a state’s ‘‘policing power’’ (iii) Usually the state must pay compensation for deprivation of property. Which statement/s is/are incorrect ? Select one: a. (ii) and (iii) b. (i) and (ii) c. (i) d. (iii) PVL3701-26-S1  Welcome Message  Assessment 2 Started on Thursday, 9 April 2026, 12:37 PM State Finished Completed on Thursday, 9 April 2026, 1:06 PM Time taken 29 mins 6 secs Question 1 Complete Marked out of 1 Question 2 Complete Marked out of 1 QUIZ Which one of the following things is a composite thing ? Select one: a. A painting b. A roll of denim material c. A wild animal d. A bicycle Which of the following categories of animals are not considered to be res nullius ? (i) Wild animals before being captured by someone (ii) Wild animals which have been domesticated or tamed after being captured (iii) Wild animals that were captured but reverted to their former wild state (iv) Domestic animals (dogs, cats, parrots etc) or wild animals regulated by the Game Theft Act 105 of 1991 Select one: a. (i) and (ii) b. (ii) and (iii) c. (ii) and (iv) d. (i) and (iii) Question 3 Complete Marked out of 1 Question 4 Complete Marked out of 1 Question 5 Complete Marked out of 1 Which one of the following factors is not considered by the South African courts to determine whether a movable thingbecame permanently attached to an immovable thing by means of accession in such a way that it becomes part of theimmovable thing. Select one: 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. Indicate the correct option: In principle a person may act with his or her property as he or she pleases, but ownership couldbe limited by the law and the rights of others. These rights … Select one: a. do not include rights that were created in terms of a contract. b. include a right of habitation because it is a personal right that is registered in the deeds office. c. include personal rights although such rights cannot be enforced against third parties. d. do not include personal rights because such rights cannot be registered in the deeds registry Gert and Gerda are good friends and each of them owns a 50% undivided share in the farm Soetwater. Gerda wants to takeout a loan and register a mortgage bond over her undivided share in favour of Red Label Bank. Gert wants to sell 25% of hisundivided share to Vickus and wants to register a right of habitation in favour of his elderly mother over his remaining 25%share. Which one of the following statements concerning these transactions is correct ? Select one: a. Gert does not need Gerda’s consent to sell 25% of his undivided share to Vickus. b. Gerda needs to obtain Gert’s consent before the mortgage bond in favour of Red Label Bank over her 50% undividedshare can be registered. c. The creation of a personal servitude (the right of habitation) requires Gerda’s consent. d. Because Gerda wants to register a mortgage bond over her 50% undivided share she needs to obtain Gert’s consent. Question 6 Complete Marked out of 1 Question 7 Complete Marked out of 1 Question 8 Complete Marked out of 1 Which one of the following statements, about valid defences against the rei vindicatio , is incorrect ? Select one: a. An owner of land who wants to evict persons residing on his land unlawfully, may only do so if he/she obtains acourt 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/herthing from a third party who relied on this misrepresentation and in that acted to his/her (third party) detriment. c. An owner whose things were sold, by mistake, at a judicial sale in execution of judgment, may reclaim his thingsfrom 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 (owner) money was stolen by a thief andgiven to the third party in good faith for valuable consideration. Tanya buys a Mercedes Benz from Vikram. Vikram asserts that he is the owner of the motor vehicle and refers Tanya toClassy Car Dealers from whom he (Vikram) had purchased the vehicle. An employee of Classy Car Dealers confirms thatVikram bought the motor vehicle from Classy Car Dealers and that ownership was transferred to Vikram. Soon after thedelivery of the vehicle by Vikram to Tanya, Classy Car Dealers finds out that, the purchase price has not been paid in full.Classy Car Dealers fails to recover the purchase price from Vikram and institutes the rei vindicatio against Tanya to recoverphysical control of the vehicle. Tanya asks her attorney for advice. Her attorney advises that she might be able to rely on thedefence of estoppel. What does Tanya have to prove to retain ownership of the motor vehicle? Indicate the correct option: Select one: a. There must be no misrepresentation by the owner of the thing. b. The owner, Classy Car Dealers must have acted without fault in creating the misrepresentation. c. Tanya must prove that she acted to her detriment in relying on a misrepresentation. d. Tanya must prove that her reliance on a misrepresentation was not the cause of her acting to her detriment but thatVikram was the cause of her acting to her detriment. Indicate the incorrect option concerning the spoliation remedy. Select one: a. The purpose of the spoliation remedy does not include the enforcement of a contract. b. The principle that no person should be allowed to take the law into his/her own hands forms the basis of thepurpose of the spoliation remedy. c. A lessee who was evicted without a court order could apply for a spoliation order. d. The merits of a dispute should be considered during the application for the spoliation remedy. Question 9 Complete Marked out of 1 Question 10 Complete Marked out of 1 Question 11 Complete Marked out of 1 Lerato purchased kitchen units from Furnitures For Life under an instalment sale agreement. In terms of the agreement,Lerato will only become the owner of the kitchen units after payment of the last instalment. Although Lerato is not the ownerof the kitchen units yet, she has a legal relationship with the kitchen units. Lerato can be described as a … Select one: a. mala fide unlawful holder. b. possessor. c. bona fide unlawful holder. d. lawful holder. Morris is the owner of the farm Marlboro. His friend Mary leases a portion of the farm for purposes of cultivating crops. AfterMary planted crops, Morris allows his cattle to graze on the portion of the farm to which Mary is entitled in terms of the leaseagreement. Mary asks Morris to remove the cattle but Morris refuses. Does Mary have any remedies ? Select one: a. Yes, Mary may institute the interdict against Morris to force him to remove his cattle from the portion of the farmthat she is entitled to. b. No, Morris as owner of the farm may do with the farm as he pleases, and he may therefore let his cattle grazewherever he chooses to. c. No, Mary has no remedies because she is not the owner of that portion of the farm. d. Yes, Mary may institute the condictio furtiva because she has a lawful interest in a portion of the farm. Indicate the correct option. A personal servitude … Select one: a. is transferable. b. is terminated by the death of the holder. c. is a personal right. d. can only vest over immovable property. Question 12 Complete Marked out of 1 Question 13 Complete Marked out of 1 Question 14 Complete Marked out of 1 Sarah bought a car in terms of an instalment sale agreement from Best Cars. She is in control of the car. She will pay off thelast instalment at the end of January 2021. Which of the following statements is correct ? Select one: a. Sarah is the owner of the car. b. Sarah has a limited real right over the car. c. Sarah has a real right over the car. d. Sarah is the lawful holder of the car. Indicate the correct option. Mary, Peter’s mother, has a right of habitation over a cottage on Peter’s farm. In terms of the rightof habitation Mary … Select one: a. is not allowed to rent the cottage to someone else because the right of habitation is a personal servitude. b. may sell her right of habitation to her friend Joey. c. may sell the cottage to her friend Joey. d. is allowed to occupy the cottage with her daughter and granddaughter. Indicate the incorrect option. In terms of the National Water Act 36 of 1998 … Select one: a. a distinction is drawn between public water and private water. b. the state is the trustee of the nation’s water resources. c. the state must ensure that water is protected, used, developed, conserved, managed and controlled for the benefit ofall people. d. the state is empowered to regulate the use, flow and control of all water in South Africa. Question 15 Complete Marked out of 1 Mohlakeng Extension 16 is a residential area. A condition of title is inserted against the title deeds of each house in the area.The condition of title provides that no building or other structure shall be erected within the area. The condition of title in eachtitle deed constitutes … Select one: a. an invalid expropriation in terms of section 25(1) of the Constitution. b. a valid deprivation in terms of section 25(1) of the Constitution. c. an invalid deprivation in terms of section 25(1) of the Constitution. d. a valid expropriation in terms of section 25(1) of the Constitution. PVL3701-26-S1  Welcome Message  Assessment 2 Started on Thursday, 9 April 2026, 12:04 PM State Finished Completed on Thursday, 9 April 2026, 12:35 PM Time taken 30 mins 22 secs Question 1 Complete Marked out of 1 Question 2 Complete Marked out of 1 QUIZ Which one of the following is not a negotiable thing ( res extra commercium )? Select one: a. Res alicuius (things belonging to an owner and forming part of his/her estate) b. Res communes omnium (things that do not fall under private legal control, but that are available to be used by alllegal subjects, for example, free air and things that are really only susceptible of human control by communal use). c. Res nullius (things that are susceptible of ownership, but that belong to no one). d. Res derelictae (a thing that has been thrown away by its owner who no longer intends to be the owner. Which of the following wild animals are considered to be res nullius ? (i) Wild animals before being captured by someone (ii) Wild animals which have been domesticated or tamed after being captured (iii) Wild animals which were captured by some but they reverted back to their former wild state Select one: a. (i), (ii) and (iii) b. (i) and (ii) c. (ii) and (iii) d. (i) and (iii) Question 3 Complete Marked out of 1 Question 4 Complete Marked out of 1 Question 5 Complete Marked out of 1 Indicate the incorrect option. To succeed with the rei vindicatio the person who institutes the remedy has to prove that … Select one: a. the defendant is in control of the claimed thing. b. the thing that is claimed is a movable thing. c. the claimed thing exists and is identifiable. d. he/she is the owner of the thing that is claimed. Indicate the correct option. The aim of the declaratory order is to: Select one: a. claim the market value of a destroyed thing. 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. Barry owns a farm in the Northern Cape. Due to the drought Barry do 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… Select one: a. delivery with the long hand. b. symbolic delivery. c. delivery with the short hand. d. constitutum possessorium. Question 6 Complete Marked out of 1 Question 7 Complete Marked out of 1 Question 8 Complete Marked out of 1 Amir has been arrested for theft of Nassim’s car. Even though Amir admitted stealing and selling Nassim’s car, Amir refusesto disclose to whom Nassim’s car was sold. Despite extensive investigation, Nassim’s car could not be found. Which remedy can Nassim institute against Amir for the market value of his car? Select one: a. rei vindicatio b. actio negatoria c. condictio furtiva d. actio ad exhibendum John and Joshua are co-owners of a smallholding in Pretoria. They decide to subdivide the property. Advise John and Joshuaregarding the options available to them. Indicate the correct option: Select one: a. John and Joshua may institute an action for the division of common property (actio communi dividundo). b. If John and Joshua fail to reach an agreement, they can approach the court. c. John and Joshua should approach a court to seek subdivision of the property. d. The court must divide the property physically among the co-owners in accordance with the value of each co-owner’sundivided share. Indicate the correct option: A tenant leasing an apartment from a lessor (with the lessor’s permission), is a typical example of… Select one: a. Holdership. b. Possession. c. Ownership. d. A limited real right. Question 9 Complete Marked out of 1 Question 10 Complete Marked out of 1 Question 11 Complete Marked out of 1 Which one of the following statements relating to an interdict is incorrect ? Select one: 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. Bongi borrows R10 000 from Naledi and gives his Nguni Bull to Naledi as security for the repayment of the debt. Naledi has aright of pledge over Bongi’s Nguni bull which means Naledi is a/an : Select one: a. unlawful holder b. unlawful possessor c. lawful holder d. lawful possessor Indicate the correct option. The aim of the actio negatoria is to: Select one: 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. Question 12 Complete Marked out of 1 Question 13 Complete Marked out of 1 Question 14 Complete Marked out of 1 Dikeledi lends R16000 to Kagiso and she (Dikeledi) secures payment of the loan by registering a special notarial bond overKagiso’s car. Kagiso owes Ofentse R19000 as a result of a collision that occurred between Kagiso and Ofentse. Kagisobecomes insolvent before repaying Dikeledi and before paying Ofentse. In this scenario, who has a preferent claim againstKagiso’s insolvent estate? Select one: a. Ofentse, because he has a personal right against Kagiso’s insolvent estate. b. Dikeledi, because the smaller amount must be paid first. c. Dikeledi, because she has a limited real right over Kagiso’s car. d. Ofentse, because the larger amount must be paid first. Xolani buys a tractor from Farm Equipment Incorporate (FEI) in terms of a credit agreement. FEI reserves ownership of thetractor until the last instalment has been paid. Before Xolani pays the last instalment, he becomes insolvent. Which one ofthe following statements is correct ? Select one: a. FEI’s reservation of ownership constitutes a limited real right of security against Xolani’s insolvent estate. b. FEI should rely on the credit agreement and therefore has a personal right against Xolani’s insolvent estate. c. FEI has a right of retention over the tractor until payment of the last instalment. d. FEI’s ownership changes to a limited real right of security, namely a tacit hypothec, against Xolani’s insolvent estate. Indicate the incorrect option. In terms of the Land Reform (Labour Tenants) Act 3 of 1996 … Select one: a. a labour tenant is a person who has no right to reside on a farm. b. a labour tenant has the right to use land for cropping or grazing in return for labour. c. a labour tenant can only be evicted in terms of a court order. d. a labour tenant’s remuneration could substantially consist of the right to occupy and use land. Question 15 Complete Marked out of 1 Indicate the correct option. Jacob wants to mine for coal on Peter’s farm. Which one of the following statements is in linewith the provisions of the Mineral and Petroleum Resources Development Act 28 of 2002? Select one: a. As the owner of the farm Peter may grant prospecting and mineral rights to Jacob to mine for coal on his farm. b. Peter and Jacob must register the prospecting and mineral rights granted to Jacob by Peter in the deeds office. c. The state is the owner of all minerals and may grant Jacob prospecting and mineral rights with regards to the coalon Peter’s land. d. The prospecting and mining rights granted to Jacob by the state are limited real rights but registration in the deedsoffice is not required. Which option is not a feature or characteristic of real rights? Select one: a. The rule prior in tempore potior in iure applies to real rights. b. Real rights grant preference in the case of insolvency. c. Real rights are unenforceable against bona fide third parties. d. The object of a real right is a thing. Sarah wants to sell her house in Sandton. She signs a contract of sale with John. After signing the contract, John meetssome of his friends for dinner and tells them that he now owns a property in Sandton. What type of right does John have withregard to the Sandton property? Select one: a. real right b. personal right c. limited real right d. ownership Question 3 Complete Marked out of 1 Question 4 Complete Marked out of 1 Question 5 Complete Marked out of 1 Indicate the correct option. The aim of the actio ad exhibendum is to: Select one: a. claim the market value of the thing that was destroyed or alienated. 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. Which one of the following factors is not considered by the South African courts to determine whether a movable thingbecame permanently attached to an immovable thing by means of accession in such a way that it becomes part of theimmovable thing. Select one: 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. Simon rents a flat from Thabo. After six months Simon asks Thabo whether he is interested in selling the flat. Thabo andSimon sign a sale agreement. How will ownership of the flat be transferred to Simon? Select one: a. Ownership should be transferred from Thabo to Simon by way of registration in the deeds office. b. No registration or transfer of ownership is needed because Simon is already in control of the flat. c. Ownership should be transferred by way of delivery with the short hand, because Simon is already in control of theflat. d. Ownership does not need to be transferred to Simon, because he leased the flat from Thabo. Question 6 Complete Marked out of 1 Question 7 Complete Marked out of 1 Question 8 Complete Marked out of 1 Barry owns a farm in the Northern Cape. Due to the drought Barry do 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… Select one: a. delivery with the long hand. b. symbolic delivery. c. delivery with the short hand. d. constitutum possessorium. As owner of his car, John has certain entitlements. One of these entitlements is that John may be in control of his car. In viewof this, which of the following statements is incorrect ? Select one: a. John may transfer control to a pledgee. b. John may rent his car to a friend and could transfer control to his friend for a certain period of time. c. John has to remain in control of his car at all times to comply with the publicity principle. d. If John lends his car to his wife, he transfers control to her for a certain period of time. Which one of the following statements about the spoliation remedy is incorrect ? Select one: a. The applicant’s right to the thing is a consideration in an application for a spoliation order. b. The principle in spoliation proceedings is to restore control to the despoiled party immediately. c. The spoliation remedy is used to restore an existing relationship of physical control summarily, without anyinvestigation into the merits of the claims of the parties to the thing. d. The purpose of the spoliation remedy is to prevent persons from taking the law into their own hands by resorting toself-help. Question 9 Complete Marked out of 1 Question 10 Complete Marked out of 1 Question 11 Complete Marked out of 1 Lerato purchased kitchen units from Furnitures For Life under an instalment sale agreement. In terms of the agreement,Lerato will only become the owner of the kitchen units after payment of the last instalment. Although Lerato is not the ownerof the kitchen units yet, she has a legal relationship with the kitchen units. Lerato can be described as a … Select one: a. mala fide unlawful holder. b. possessor. c. bona fide unlawful holder. d. lawful holder. Collin and Sandra are co-owners of the farm Mamogaleskraal. They purchased certain farm implements from thecooperative, Serious Farming. In terms of a credit agreement. Serious Farming reserves ownership of the farm implementsuntil the last instalment has been paid. The implements consist of a tractor, a plough, a harvester, spades, hoes and picks.Serious Farming has a legal relationship with the farm implements. Serious Farming can be described as a/an … Select one: a. owner. b. bona fide unlawful holder c. bona fide possessor. d. lawful holder. Indicate the correct option. The aim of the actio negatoria is to: Select one: 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. Question 12 Complete Marked out of 1 Question 13 Complete Marked out of 1 Question 14 Complete Marked out of 1 Dikeledi lends R16000 to Kagiso and she (Dikeledi) secures payment of the loan by registering a special notarial bond overKagiso’s car. Kagiso owes Ofentse R19000 as a result of a collision that occurred between Kagiso and Ofentse. Kagisobecomes insolvent before repaying Dikeledi and before paying Ofentse. In this scenario, who has a preferent claim againstKagiso’s insolvent estate? Select one: a. Ofentse, because he has a personal right against Kagiso’s insolvent estate. b. Dikeledi, because the smaller amount must be paid first. c. Dikeledi, because she has a limited real right over Kagiso’s car. d. Ofentse, because the larger amount must be paid first. Vincent, a law graduate who completed his articles, wants to attend a course on conveyancing to help him prepare for theLaw Society conveyancing examination. The cost of the course is R4300. Vincent does not have enough money and wants toborrow money from his uncle James. James insists on some form of security for the repayment of the R4300. Vincent givesJames his gold watch, which he inherited from his father, as security for repayment of the debt. In order to attend the course,Vincent must travel from his hometown, Middelburg, to Pretoria and will have to arrange accommodation for a week. Theseexpenses, for the travel and accommodation, amounts to R4000. His friend, David, lends him R4000 and say he can repayhim when he has enough money. Indicate the incorrect option. Select one: a. James has a real security right to the watch. b. James has a right of retention to the watch. c. James has a right of pledge to the watch. d. James has a limited real right to the watch. Indicate the incorrect option. In terms of the Restitution of Land Rights Act 22 of 1994 one of the following restitution orderscan be made after a claim has been considered: Select one: a. grant by the state of an appropriate right in alternative state-owned land b. payment of compensation by the current owner of the land c. restoration of land, a portion of land or any right in land d. grant of alternative relief Question 15 Complete Marked out of 1 Glenda’s property is zoned as “residential” in terms of the land-use scheme and therefore she cannot operate a restaurant inthe premises. She is unhappy and feels that as owner she should be allowed to exercise all her entitlements. Consider thefollowing statements: (i) A land-use scheme that restricts the use of her property for residential purposes only, amounts to a deprivation. (ii) The deprivation of property constitutes the exercise of a state’s ‘‘policing power’’ (iii) Usually the state must pay compensation for deprivation of property. Which statement/s is/are incorrect ? Select one: a. (ii) and (iii) b. (i) and (ii) c. (i) d. (iii) PVL3701-26-S2  Welcome Message  Assessment 2 Started on Tuesday, 8 September 2026, 5:30 PM State Finished Completed on Tuesday, 8 September 2026, 5:55 PM Time taken 24 mins 13 secs Question 1 Complete Marked out of 1 Question 2 Complete Marked out of 1 QUIZ Which one of the following things is negotiable and is, therefore, included in commerce ( res in commercio )? Select one: a. Res communes omnium (things that do not fall under private legal control, but that are available to be used by alllegal subjects, for example, free air and things that are really only susceptible of human control by communal use). b. Res alicuius (things belonging to an owner and forming part of his/her estate). c. Res publicae (things that belong to the state but that are used for the general benefit and use of the public, forexample, national parks, the seashore, etc). d. Other res extra commercium (things that are not freely negotiable for another reason, for example, body parts or acorpse). In Ex parte Geldenhuys (1926 OPD 155) the court formulated the following test: One has to look not so much to the right, but also to the correlative obligation. If that obligation is a burden on the land, a subtraction from the dominium ,the corresponding right is real and registrable; if it is not such an obligation, but merely an obligation binding on some person or other, the correspondingright is a personal right, or a right in personam , and it cannot as a rule be registered. In terms of this test, which of the following are not registrable ? Select one: a. A usufruct on a farm. b. A long term lease of a car. c. A condition in a will that a farm must be sub-divided when one of the co-owners reaches the age of majority. d. A condition in a will that a farm must be sub-divided by means of the drawing of lots. Question 3 Complete Marked out of 1 Question 4 Complete Marked out of 1 Question 5 Complete Marked out of 1 Which option about manufacture ( specificatio ) as an original mode of acquisition of ownership is incorrect? Select one: a. A new thing must be created. b. The new thing must be manufactured without the consent of the owner of the material or thing. c. The independent things used as material for the manufacturing of a new thing lose their identity and the owner ofthe material acquires ownership of the new thing. d. The manufacturer should be under the impression that the materials belonged to him/her and the owner of thematerial can institute an enrichment action for the value of the material. In Gien v Gien (1979 (2) SA 1113 (T)) the court defined ownership with reference to its inherent nature as the mostcomprehensive real right a person can have to a thing. In view of this, which of the following statements regarding ownershipbelow is/are correct ? (i) The owner has the freedom to do as he/she pleases with his/her thing without limitation. (ii) The owner’s freedom is restricted by the law. (iii) The owner’s rights are limited by the rights of others. Select one: a. (i) b. (ii) and (iii) c. (i) and (iii) d. (ii) 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 thetwo farms. The trees have grown big and the branches hang over the lucerne field. The trees cast a lot of shade and the pineneedles fall onto the lucerne, killing large parts of it. Which remedy does Nehanda have against the neighbour? Indicate themost suitable option. Select one: a. rei vindicatio b. actio ad exhibendum c. declaratory order d. interdict Question 6 Complete Marked out of 1 Question 7 Complete Marked out of 1 Question 8 Complete Marked out of 1 Sandy has been leasing a flat since June 2020. After two months the owner of the flat, Silas, asks her whether she wants tobuy the flat. She agrees but is not sure how she will become the owner of the flat. Her friend, Jane (a law student), explainsthe position to Sandy. Which of the following statements is incorrect ? Select one: a. During July 2020 Sandy had a personal right against Silas to live in the flat. b. Ownership over the flat will be transferred through delivery with the short hand because Sandy is already in control ofthe flat. c. Ownership over the flat will be transferred from Silas to Sandy through registration in the Deeds office. 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 andthe rights of others. Paul wants to buy a townhouse from Sibusiso in Monument Park for an amount of R895 000. Which one of the followingstatements is correct regarding transfer of ownership of immovable property? Select one: a. The transfer of ownership of immovable things (land) takes place by way of delivery in terms of the Deeds RegistriesAct 47 of 1937. b. Handing over of keys is sufficient for the transfer of ownership of the townhouse to Paul. c. Registration of land cannot take place without the lodging at the deeds registry of Sibusiso’s title deed of thetownhouse. d. After signing the sale agreement Paul should be considered the owner of the townhouse. Indicate the correct option. Which of the following persons is a lawful holder? Select one: a. an owner b. a controller who bona fide bought the thing from a person who was not the owner of the thing c. a pledgee d. a lessee who refuses to vacate the leased premises after the lease has expired, because he bona fide (butincorrectly) believes that the lease period was extended Question 9 Complete Marked out of 1 Question 10 Complete Marked out of 1 Question 11 Complete Marked out of 1 The legal relationship between a person who steals a book and uses it as if it belongs to him/her can be described as … Select one: a. holdership b. mala fide possession c. ownership d. bona fide possession Sandile, the son of Thuli, and Thulani, leases a portion of his parents’ farm. When his father’s farm implements are stolenSandile gives some of his (rented) equipment to his father, Thulani, to use. Father and son have an argument. In his angerThulani destroys Sandile’s rented equipment. Which remedy is available to Sandile against Thulani for damage caused? Select one: a. spoliation remedy b. condictio furtiva c. possessory action d. declaratory order Indicate the incorrect option. The following are requirements for the constitution of a valid pledge: Select one: a. registration in the deeds office b. a principal debt c. delivery d. a pledge agreement between the pledgee and the pledgor Question 12 Complete Marked out of 1 Question 13 Complete Marked out of 1 Question 14 Complete Marked out of 1 Indicate the incorrect option. The following are examples of land (praedial) servitudes: Select one: a. Molly registers a servitude of not building higher over her beachfront erf in favour of the property behind her. b. Molly registers a right of way over her farm in favour of the neighbour of the adjacent farm. c. The court granted a way of necessity in favour of Molly’s farm over her neighbour’s farm. d. Molly registers a right to draw water over her farm in favour of the adjacent farm.