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Exam (elaborations)

Pvl3701 Assignment 1 due 03 APRIL 2024

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John decided to move to Cape Town and, before all the instalments of the solar system were paid, he sold the house to Lindiwe. After registration of the property in Lindiwe’s name and after Lindiwe moved in, the technicians of the Sun Company arrived at Lindiwe’s house to remove the solar system. Lindiwe refused to allow them access to her house, but they explained to her that John stopped paying the instalments of the solar system and that they were therefore allowed to remove the system. Lindiwe asks her son, Nkosinathi, who is a third-year LLB student at Unisa, for advice. Nkosinathi explained that the solar system belongs to Lindiwe because it became part of the land by means of inaedificatio (accession by building). Nkosinathi further explained that the South African courts apply different criteria to determine whether a movable thing became permanently attached to land namely, the nature and purpose of the attached thing; the manner and degree of attachment; and the intention of the person annexing the movable or the intention of the owner of the movable. He added that these criteria have been applied in different ways by the South African courts. Against this background answer the following questions:

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PVL3701 QUALITY ANSWERS


ASSIGNMENT 1 2024


DUE 03 APRIL 2024

QUESTION 1


Inaedificatio is classified as a form of original acquisition of ownership because it
involves the permanent attachment of a movable thing to immovable property, thereby
becoming part of the land. This concept is discussed in Study Unit 3 of the Study Guide,
which covers original acquisition of ownership (Page 15). [Study Guide, Page 15]




QUESTION 2


Lindiwe should approach Nkosinathi's advice with caution regarding the ownership of
the solar system. While Nkosinathi correctly outlined the criteria used to determine
permanent attachment, such as the nature, purpose, and manner of attachment, it's
essential to delve deeper into the interpretation of subjective intention, particularly as
discussed in the Konstanz Properties (Pty) Ltd case.




In Konstanz Properties (Pty) Ltd v Wm Spilhaus en Kie (Wp) Bpk, the Supreme Court of

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