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SELLING” memos for the year 2021/2022.
LPL4801
Law of Sale and Lease
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 31st MAY 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
FULLY REFERENCED WITH
FOOTNOTES & A BIBLIOGRAPHY
WORD DOCUMENT AVAILABLE!
DISTINCTION GUARANTEED!!!
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 074 074 3729 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, SECTION A LEASE
QUESTION 1
Write notes on the establishment of the tenant’s real right. (10)
The contract itself offers enough protection between the parties to the contract: the lessee
can enforce his/her right against the lessor, even if he/she is not in possession of the
premises and even if his/her right has not been registered. The contractual agreement
gives rise to personal rights between the lessor and the lessee.
Depending on whether we are dealing with a short or a long lease, however, possession
or registration is a requirement for the establishment of the lessee’s real right.
A lease for more than 10 years qualifies as a long lease.
The legal position regarding long leases is regulated by legislation (s 1(2) of the
Formalities in Respect of Leases of Land Act 18 of 1969) and the common law, as adapted
by the South African courts. Our courts replaced a Roman law distinction between
“singular” and “universal” successors (which distinction does not exist in the modern law
of succession and, therefore, has no meaning in modern South African law) with the
distinction between gratuitous successors (successores lucrativi) and onerous
successors (successores onerosi),
A gratuitous successor is someone who gives no counter-performance for the property,
such as the inheritor or donee of property. An onerous successor is someone who gives
counter-performance for the property, such as a buyer.
The legal position can be summarised as follows:
Successores lucrativi are always bound by the lease for the full period of the lease
agreement.
SELLING” memos for the year 2021/2022.
LPL4801
Law of Sale and Lease
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 31st MAY 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
FULLY REFERENCED WITH
FOOTNOTES & A BIBLIOGRAPHY
WORD DOCUMENT AVAILABLE!
DISTINCTION GUARANTEED!!!
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 074 074 3729 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, SECTION A LEASE
QUESTION 1
Write notes on the establishment of the tenant’s real right. (10)
The contract itself offers enough protection between the parties to the contract: the lessee
can enforce his/her right against the lessor, even if he/she is not in possession of the
premises and even if his/her right has not been registered. The contractual agreement
gives rise to personal rights between the lessor and the lessee.
Depending on whether we are dealing with a short or a long lease, however, possession
or registration is a requirement for the establishment of the lessee’s real right.
A lease for more than 10 years qualifies as a long lease.
The legal position regarding long leases is regulated by legislation (s 1(2) of the
Formalities in Respect of Leases of Land Act 18 of 1969) and the common law, as adapted
by the South African courts. Our courts replaced a Roman law distinction between
“singular” and “universal” successors (which distinction does not exist in the modern law
of succession and, therefore, has no meaning in modern South African law) with the
distinction between gratuitous successors (successores lucrativi) and onerous
successors (successores onerosi),
A gratuitous successor is someone who gives no counter-performance for the property,
such as the inheritor or donee of property. An onerous successor is someone who gives
counter-performance for the property, such as a buyer.
The legal position can be summarised as follows:
Successores lucrativi are always bound by the lease for the full period of the lease
agreement.
