PVL3701
Assignment 1
Semester 1 – 2023
Question 1
Identify and briefly describe the nature of Peter and Jenny’s right over the farm.
Also briefly explain how Peter and Jenny acquired this right. Fully substantiate
your answer with reference to specific paragraph numbers of the Hendricks
case that you consulted as well as your Study Guide. (4)
Nature of right: Peter and Jenny are married in community of property and are,
therefore, bound co-owners (a real right) of the farm (an immovable thing) Hendricks
v Hendricks (2016 (1) SA 511 (SCA)) para 7. Acquisition of this right: Registration,
is a derivative method of acquisition of ownership, which means that ownership is
acquired with the cooperation of the former owner. The transfer of ownership of
immovable things (land) takes place by registration (Study guide p 90-113; 148).
Question 2
Is it correct to say that the Khumalos have a personal right over the homestead?
Fully substantiate your answer. Also, include a reference to the specific
paragraph number in the Hendricks decision where the nature of this type of
right was described. (4)
Assignment 1
Semester 1 – 2023
Question 1
Identify and briefly describe the nature of Peter and Jenny’s right over the farm.
Also briefly explain how Peter and Jenny acquired this right. Fully substantiate
your answer with reference to specific paragraph numbers of the Hendricks
case that you consulted as well as your Study Guide. (4)
Nature of right: Peter and Jenny are married in community of property and are,
therefore, bound co-owners (a real right) of the farm (an immovable thing) Hendricks
v Hendricks (2016 (1) SA 511 (SCA)) para 7. Acquisition of this right: Registration,
is a derivative method of acquisition of ownership, which means that ownership is
acquired with the cooperation of the former owner. The transfer of ownership of
immovable things (land) takes place by registration (Study guide p 90-113; 148).
Question 2
Is it correct to say that the Khumalos have a personal right over the homestead?
Fully substantiate your answer. Also, include a reference to the specific
paragraph number in the Hendricks decision where the nature of this type of
right was described. (4)
