UNIVERSITY EXAMINATIONS
Oct/Nov 2024
PVL3701
Property Law
28 October 2024
08:00-12:00 (4 Hours)
100 Marks
This paper consists of eleven (11) pages.
This is an open-book examination
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. You have not allowed and will not allow anyone to copy your work with the
intention of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
INSTRUCTIONS FOR A TAKE-HOME EXAM
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks. The duration of the
examination is from 08:00 – 12:00 (4 hours). In addition to the duration of
the examination indicated on the timetable, you are given 30 minutes to
FINALISE the uploading of your exam file. Your exam file must therefore
be uploaded via the myExams platform on 28 October 2024 BEFORE
12:30 (South African Standard Time).
NOTE: The time on the myExams platform corresponds with the FINAL upload
time. This INCLUDES the extra 30 min. In other words, you must upload
your script before 12:30.
There is no contingency link for this examination. You MUST upload on the myExams
platform.
2. This examination consists of five (5) questions. Answer ALL the questions
and fully substantiate with reference to your Study Guide, case law and
legislation where applicable.
3. Strictly adhere to the indication regarding the number of lines that each
answer should consist of. You will be penalised if you do not adhere to
1
Open Rubric
, this instruction. Your answers may be shorter than the number of lines
indicated for each question.
4. Please do not include the questions and evaluation criteria in your
submitted answers. Number your answers correctly and
chronologically.
5. Although this is an open-book examination, you are not allowed to consult
another person, while the examination is in progress. You may only consult
the prescribed material for this module. This includes the Study Guide, and
the prescribed cases mentioned in the 101/3/2024 tutorial letter, which are
available in the e-reserves of the library.
6. You must tick the Declaration of Academic Dishonesty. Make sure you
understand what academic dishonesty entails and are aware of Unisa’s
policies in this regard. By ticking the declaration, you declare that you have
read, and that you are adhering to (i) the University’s Policy on Copyright
Infringement and Plagiarism and the Student Disciplinary Code, which are
both available on myUnisa: www.unisa.ac.za/unisarules, and
(ii) the information relating to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-
values-and-rules. By ticking the declaration, you also declare that you
understand the implications of not adhering to the abovementioned policies.
Do not include a Declaration of Academic Dishonesty in your submitted
answers.
7. Your answers must be typed in Arial 12pt and submitted online in PDF
format. Create a file in Microsoft Word and save the file as an Adobe PDF
document. No other type of submission of your examination answers will
be accepted. Neither scanned typed answer files nor handwritten scripts will
be accepted.
8. E-mailed submissions or scripts from the Invigilator App will not be accepted
for marking.
9. In line with the examination rules, a 0% mark will be allocated for
- answers that are not typed, or
- answers that are not typed in Arial 12 pt, or
- answers that are scanned or not readable or searchable, or
- incorrect examination files submitted, or
- answers with manipulated text; or
- examination files that are password-protected.
10. Please note that the Invigilator App will apply during the examination. You
must use the Invigilator App for this examination. You must scan the QR code
below between 7:45 and 8:30 (SAST). If you experience any technical
challenges with the app between these times, send a WhatsApp message
to the technical helpdesk on 073 505 8273. Do not contact the lecturers.
Listening to audio (music) and making use of audio-to-text software is strictly
prohibited during your examination session unless such usage of the
software is related to a student’s assistive device that has been so declared.
Failure to do so will be a transgression of Unisa’s examination rules and the
student's marks will be withheld.
2
, 11. Please also take note that your answers will be submitted to Turnitin. You
must accept the Turnitin agreement (EULA). If you do not accept the
agreement, your answers will not be marked.
12. For all other exam-related challenges, you may contact the SCSC on 080
000 1870 or e-mail or refer to Get-Help for the
list of additional contact numbers.
GUIDELINES AND RULES FOR ANSWERING QUESTIONS:
Answer all the questions below.
Answering questions: Fully motivate your answers with reference to the most
relevant legal principles contained in the Study Guide, case law and legislation and
clearly answer the question. You will be assessed on your own level of
understanding and interpretation of the relevant legal principles and material by
looking at how well you applied the most relevant material to answer the questions.
The arguments that you make must be logical, well-structured, and substantiated
by relevant legal principles.
Style: Type your own answer in accordance with the style guidelines set out in the
instructions above.
Time management: Use the time given wisely. Use the estimated time
allocated below for each question as a guideline. You should also be guided
by the mark allocation.
Referencing: As this is an open-book examination, all your answers must contain
references to the relevant page numbers of your Study Guide that you consulted
to answer the questions. If you consulted a court decision to answer a specific
question, your answer must contain a reference to the name of the court decision
as well as a reference to the specific paragraph that you consulted. Do not insert
footnotes. No mark will be allocated to any content in the footnotes. Instead,
include all references in brackets following each answer. Do not include a
bibliography anywhere on your script.
Plagiarism: No mark will be allocated for any content directly copied from the
Study Guide or prescribed case law. Further, no mark will be allocated for
content copied from internet sources or artificial intelligence software such
as ChatGPT. Lastly, no mark will be allocated for manipulated content in an
answer script. We strongly advise against copying directly (or word-for-word)
from any source, whether it is prescribed or not. Use your study guide and
the prescribed case law to answer questions in your own words. Do not make
use of any internet sources, online paraphrasing tools, or artificial intelligence
software such as ChatGPT.
3
, Students suspected of dishonest conduct during the examinations will be subjected
to disciplinary processes. Students may not communicate with other students, or
any other person, or request assistance from other students, or any other person,
during examinations. The use of Telegram, WhatsApp or any other instant
messaging services with any other person (except when asking for technical
assistance via official channels of the SCSC or the Invigilator WhatsApp line) are
strictly prohibited. Plagiarism is a violation of academic integrity, and students who
plagiarise or copy verbatim from published work or from another person or student’s
answers, will be in violation of the Policy on Academic Integrity and the Student
Disciplinary Code and may be referred to disciplinary hearing. Unisa has a zero
tolerance for plagiarism and/or any other forms of academic dishonesty.
EXAMINATION QUESTIONS:
Question 1 [46 Marks; ±100 Minutes]
Thabo purchased a BMW from his grandfather, Steve, in terms of an instalment sale
agreement for an amount of R150 000. So far, he has paid R100 000 of the purchase
price. He is left with 5 instalments of R10 000 each. As soon as he pays the last
instalment, he will become the owner of the vehicle.
Thabo also owns a townhouse in Pretoria. There is a mortgage bond registered in favour
of Jacaranda Bank for a loan that Thabo secured when he purchased the townhouse. To
repay the loan, Thabo makes monthly payments to Jacaranda Bank. Thabo’s friend,
Mpho, has been renting a room in his townhouse since June 2024. They signed a one-
year lease agreement.
Thabo has been interested in immigrating to the United Kingdom for years. During
September 2024, Thabo accepted a job offer in London. The immigration process was
finalised swiftly and Thabo, being rushed to take up the job opportunity, left all his
belongings behind. Thabo and Mpho agreed that Mpho could continue to stay on in the
townhouse in terms of the lease agreement. Thabo also requested Mpho to drive a short
distance with the BMW now and then to prevent the battery of the BMW from going flat.
While on holiday in the Western Cape during October 2024, Steve saw Mpho driving
around in the BMW. Steve later noticed that the BMW was involved in an accident while
Mpho was driving it. He tried to get hold of Thabo without success. Steve finally gets hold
of his grandson. He informs Thabo that he should not be concerned about anything.
However, Thabo books the first available flight back to South Africa. Against this
background, answer the following questions:
1.1 Briefly describe the nature of the real relationship as well as the nature of the
right that Mpho has in relation to the townhouse. [8]
[Your answer should not exceed 10 lines.]
4
Oct/Nov 2024
PVL3701
Property Law
28 October 2024
08:00-12:00 (4 Hours)
100 Marks
This paper consists of eleven (11) pages.
This is an open-book examination
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. You have not allowed and will not allow anyone to copy your work with the
intention of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
INSTRUCTIONS FOR A TAKE-HOME EXAM
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks. The duration of the
examination is from 08:00 – 12:00 (4 hours). In addition to the duration of
the examination indicated on the timetable, you are given 30 minutes to
FINALISE the uploading of your exam file. Your exam file must therefore
be uploaded via the myExams platform on 28 October 2024 BEFORE
12:30 (South African Standard Time).
NOTE: The time on the myExams platform corresponds with the FINAL upload
time. This INCLUDES the extra 30 min. In other words, you must upload
your script before 12:30.
There is no contingency link for this examination. You MUST upload on the myExams
platform.
2. This examination consists of five (5) questions. Answer ALL the questions
and fully substantiate with reference to your Study Guide, case law and
legislation where applicable.
3. Strictly adhere to the indication regarding the number of lines that each
answer should consist of. You will be penalised if you do not adhere to
1
Open Rubric
, this instruction. Your answers may be shorter than the number of lines
indicated for each question.
4. Please do not include the questions and evaluation criteria in your
submitted answers. Number your answers correctly and
chronologically.
5. Although this is an open-book examination, you are not allowed to consult
another person, while the examination is in progress. You may only consult
the prescribed material for this module. This includes the Study Guide, and
the prescribed cases mentioned in the 101/3/2024 tutorial letter, which are
available in the e-reserves of the library.
6. You must tick the Declaration of Academic Dishonesty. Make sure you
understand what academic dishonesty entails and are aware of Unisa’s
policies in this regard. By ticking the declaration, you declare that you have
read, and that you are adhering to (i) the University’s Policy on Copyright
Infringement and Plagiarism and the Student Disciplinary Code, which are
both available on myUnisa: www.unisa.ac.za/unisarules, and
(ii) the information relating to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-
values-and-rules. By ticking the declaration, you also declare that you
understand the implications of not adhering to the abovementioned policies.
Do not include a Declaration of Academic Dishonesty in your submitted
answers.
7. Your answers must be typed in Arial 12pt and submitted online in PDF
format. Create a file in Microsoft Word and save the file as an Adobe PDF
document. No other type of submission of your examination answers will
be accepted. Neither scanned typed answer files nor handwritten scripts will
be accepted.
8. E-mailed submissions or scripts from the Invigilator App will not be accepted
for marking.
9. In line with the examination rules, a 0% mark will be allocated for
- answers that are not typed, or
- answers that are not typed in Arial 12 pt, or
- answers that are scanned or not readable or searchable, or
- incorrect examination files submitted, or
- answers with manipulated text; or
- examination files that are password-protected.
10. Please note that the Invigilator App will apply during the examination. You
must use the Invigilator App for this examination. You must scan the QR code
below between 7:45 and 8:30 (SAST). If you experience any technical
challenges with the app between these times, send a WhatsApp message
to the technical helpdesk on 073 505 8273. Do not contact the lecturers.
Listening to audio (music) and making use of audio-to-text software is strictly
prohibited during your examination session unless such usage of the
software is related to a student’s assistive device that has been so declared.
Failure to do so will be a transgression of Unisa’s examination rules and the
student's marks will be withheld.
2
, 11. Please also take note that your answers will be submitted to Turnitin. You
must accept the Turnitin agreement (EULA). If you do not accept the
agreement, your answers will not be marked.
12. For all other exam-related challenges, you may contact the SCSC on 080
000 1870 or e-mail or refer to Get-Help for the
list of additional contact numbers.
GUIDELINES AND RULES FOR ANSWERING QUESTIONS:
Answer all the questions below.
Answering questions: Fully motivate your answers with reference to the most
relevant legal principles contained in the Study Guide, case law and legislation and
clearly answer the question. You will be assessed on your own level of
understanding and interpretation of the relevant legal principles and material by
looking at how well you applied the most relevant material to answer the questions.
The arguments that you make must be logical, well-structured, and substantiated
by relevant legal principles.
Style: Type your own answer in accordance with the style guidelines set out in the
instructions above.
Time management: Use the time given wisely. Use the estimated time
allocated below for each question as a guideline. You should also be guided
by the mark allocation.
Referencing: As this is an open-book examination, all your answers must contain
references to the relevant page numbers of your Study Guide that you consulted
to answer the questions. If you consulted a court decision to answer a specific
question, your answer must contain a reference to the name of the court decision
as well as a reference to the specific paragraph that you consulted. Do not insert
footnotes. No mark will be allocated to any content in the footnotes. Instead,
include all references in brackets following each answer. Do not include a
bibliography anywhere on your script.
Plagiarism: No mark will be allocated for any content directly copied from the
Study Guide or prescribed case law. Further, no mark will be allocated for
content copied from internet sources or artificial intelligence software such
as ChatGPT. Lastly, no mark will be allocated for manipulated content in an
answer script. We strongly advise against copying directly (or word-for-word)
from any source, whether it is prescribed or not. Use your study guide and
the prescribed case law to answer questions in your own words. Do not make
use of any internet sources, online paraphrasing tools, or artificial intelligence
software such as ChatGPT.
3
, Students suspected of dishonest conduct during the examinations will be subjected
to disciplinary processes. Students may not communicate with other students, or
any other person, or request assistance from other students, or any other person,
during examinations. The use of Telegram, WhatsApp or any other instant
messaging services with any other person (except when asking for technical
assistance via official channels of the SCSC or the Invigilator WhatsApp line) are
strictly prohibited. Plagiarism is a violation of academic integrity, and students who
plagiarise or copy verbatim from published work or from another person or student’s
answers, will be in violation of the Policy on Academic Integrity and the Student
Disciplinary Code and may be referred to disciplinary hearing. Unisa has a zero
tolerance for plagiarism and/or any other forms of academic dishonesty.
EXAMINATION QUESTIONS:
Question 1 [46 Marks; ±100 Minutes]
Thabo purchased a BMW from his grandfather, Steve, in terms of an instalment sale
agreement for an amount of R150 000. So far, he has paid R100 000 of the purchase
price. He is left with 5 instalments of R10 000 each. As soon as he pays the last
instalment, he will become the owner of the vehicle.
Thabo also owns a townhouse in Pretoria. There is a mortgage bond registered in favour
of Jacaranda Bank for a loan that Thabo secured when he purchased the townhouse. To
repay the loan, Thabo makes monthly payments to Jacaranda Bank. Thabo’s friend,
Mpho, has been renting a room in his townhouse since June 2024. They signed a one-
year lease agreement.
Thabo has been interested in immigrating to the United Kingdom for years. During
September 2024, Thabo accepted a job offer in London. The immigration process was
finalised swiftly and Thabo, being rushed to take up the job opportunity, left all his
belongings behind. Thabo and Mpho agreed that Mpho could continue to stay on in the
townhouse in terms of the lease agreement. Thabo also requested Mpho to drive a short
distance with the BMW now and then to prevent the battery of the BMW from going flat.
While on holiday in the Western Cape during October 2024, Steve saw Mpho driving
around in the BMW. Steve later noticed that the BMW was involved in an accident while
Mpho was driving it. He tried to get hold of Thabo without success. Steve finally gets hold
of his grandson. He informs Thabo that he should not be concerned about anything.
However, Thabo books the first available flight back to South Africa. Against this
background, answer the following questions:
1.1 Briefly describe the nature of the real relationship as well as the nature of the
right that Mpho has in relation to the townhouse. [8]
[Your answer should not exceed 10 lines.]
4
