PVL3701
Assignment 1
Unique No:
Due 2025
, PVL3701
Property Law Assignment:
Assignment 1 – Semester 2, 2025
Question 1
Mr Mboweni’s company, Evergreen Printing, may seek to reclaim the printing machine
and compressor from Mr Viljoen’s premises by relying on the rei vindicatio. This legal
remedy under South African property law allows a rightful owner to recover possession
of their property from someone who is holding it unlawfully (Scott, Property Law Study
Guide, p. 90).
To be successful with the rei vindicatio, Evergreen must meet the following criteria:
1. Proof of ownership of the printing machine and compressor.
2. Evidence that the items are still physically intact and identifiable.
3. Unlawful possession of the items by either Mr Viljoen or USS Graphics (Scott,
Property Law Study Guide, p. 91).
Because ownership is a real right enforceable erga omnes (against all), Evergreen
retains the right to claim its property wherever it may be, even if attached to immovable
property—provided no legal accession has occurred. This principle was confirmed in
USS Graphics (Pty) Ltd and Others v Urban Print Factory (Pty) Ltd and Others [2023]
ZAGPJHC 138 para 10.
Thus, if Evergreen proves continued ownership, that the items have not legally
acceded, and that possession is being unlawfully withheld, the rei vindicatio should
succeed.
Assignment 1
Unique No:
Due 2025
, PVL3701
Property Law Assignment:
Assignment 1 – Semester 2, 2025
Question 1
Mr Mboweni’s company, Evergreen Printing, may seek to reclaim the printing machine
and compressor from Mr Viljoen’s premises by relying on the rei vindicatio. This legal
remedy under South African property law allows a rightful owner to recover possession
of their property from someone who is holding it unlawfully (Scott, Property Law Study
Guide, p. 90).
To be successful with the rei vindicatio, Evergreen must meet the following criteria:
1. Proof of ownership of the printing machine and compressor.
2. Evidence that the items are still physically intact and identifiable.
3. Unlawful possession of the items by either Mr Viljoen or USS Graphics (Scott,
Property Law Study Guide, p. 91).
Because ownership is a real right enforceable erga omnes (against all), Evergreen
retains the right to claim its property wherever it may be, even if attached to immovable
property—provided no legal accession has occurred. This principle was confirmed in
USS Graphics (Pty) Ltd and Others v Urban Print Factory (Pty) Ltd and Others [2023]
ZAGPJHC 138 para 10.
Thus, if Evergreen proves continued ownership, that the items have not legally
acceded, and that possession is being unlawfully withheld, the rei vindicatio should
succeed.
