Law of Property (PVL3701) Exam memos for May/June 2013 - Oct/Nov 2015 Long questions.
Oct/Nov 2015
Question 1:
Define:
(a) a thing (5)
A thing is a legal object characterised by its material (corporeal) nature. It’s define as an independent
part of the corporeal world, which is external to humans and subject to human control, as well as useful
and valuable to humans.
(b) constitutum possessorium (4)
Constitutum possessorium is in a certain sense the very opposite of delivery with the short hand (traditio
brevi manu). Here the transferor retains physical control over the thing of which he has agreed to transfer
ownership to the transferee. It is only the intention towards the thing that undergoes a change. Eg. X
buys a watch from a jeweller and leaves it with the jeweller for cleaning.
(c) building (inaedificatio) (5)
Building can be defined as an original method of acquiring ownership in terms of which a movable thing
(accessory thing) becomes attached to land (principal thing) in such a manner that it loses its
independence and forms an entity with the land, thereby becoming part of the landowner’s land.
(d) a servitude (6)
A servitude can be defined as a limited real right to another person’s thing. It confers specific
entitlements of use and enjoyment on the holder who enjoys these entitlements as owner of a
particular piece of land (in the case of a land (praedial/real) servitude) or in his/her personal capacity (in
the case of a personal servitude).
Question 2:
(a) Explain difference between bound co-ownership and free co-ownership with reference to examples. (4)
In free co-ownership, the co-ownership is the only relationship between the co-owners. Eg. Q and R are
co-owners of their farm Pulang (one undivided piece of land). They purchased the farm jointly before
they were married.
Bound co-ownership exists where there is an underlying legal relationship between the co-owners which
determines the basis of their co-ownership - a marriage in community of property, a partnership or a
voluntary association. Eg. X and his wife, Y, are married in community of property. They are therefore co-
owners of the farm Waterford (one undivided piece of land) in equal shares.
(b) Name four significant differences between land (praedial) servitudes and personal servitudes. (4)
Land servitudes are created in favour of a piece of land, while personal servitudes benefit
someone in his personal capacity.
Land servitudes last indefinitely, while personal servitudes can be granted only for a specific
period, or for the holder’s lifetime or, in the case of legal persons for 100 years.
Oct/Nov 2015
Question 1:
Define:
(a) a thing (5)
A thing is a legal object characterised by its material (corporeal) nature. It’s define as an independent
part of the corporeal world, which is external to humans and subject to human control, as well as useful
and valuable to humans.
(b) constitutum possessorium (4)
Constitutum possessorium is in a certain sense the very opposite of delivery with the short hand (traditio
brevi manu). Here the transferor retains physical control over the thing of which he has agreed to transfer
ownership to the transferee. It is only the intention towards the thing that undergoes a change. Eg. X
buys a watch from a jeweller and leaves it with the jeweller for cleaning.
(c) building (inaedificatio) (5)
Building can be defined as an original method of acquiring ownership in terms of which a movable thing
(accessory thing) becomes attached to land (principal thing) in such a manner that it loses its
independence and forms an entity with the land, thereby becoming part of the landowner’s land.
(d) a servitude (6)
A servitude can be defined as a limited real right to another person’s thing. It confers specific
entitlements of use and enjoyment on the holder who enjoys these entitlements as owner of a
particular piece of land (in the case of a land (praedial/real) servitude) or in his/her personal capacity (in
the case of a personal servitude).
Question 2:
(a) Explain difference between bound co-ownership and free co-ownership with reference to examples. (4)
In free co-ownership, the co-ownership is the only relationship between the co-owners. Eg. Q and R are
co-owners of their farm Pulang (one undivided piece of land). They purchased the farm jointly before
they were married.
Bound co-ownership exists where there is an underlying legal relationship between the co-owners which
determines the basis of their co-ownership - a marriage in community of property, a partnership or a
voluntary association. Eg. X and his wife, Y, are married in community of property. They are therefore co-
owners of the farm Waterford (one undivided piece of land) in equal shares.
(b) Name four significant differences between land (praedial) servitudes and personal servitudes. (4)
Land servitudes are created in favour of a piece of land, while personal servitudes benefit
someone in his personal capacity.
Land servitudes last indefinitely, while personal servitudes can be granted only for a specific
period, or for the holder’s lifetime or, in the case of legal persons for 100 years.
