1
, UNISA PVL3701 Property Law Exam
Preparation Pack – Volume 2 (Premium
Edition)
PVL3701 Property Law – Premium Exam Preparation &
Study Manual
Includes IRAC answers, South African case law references,
and revision summaries
2
, Content Summary
Key Topics Covered
▪ Ownership
▪ Possession
▪ Rei vindicatio
▪ Servitudes
▪ Lease agreements
▪ Mortgage bonds
▪ Co-ownership
▪ Acquisition of ownership
▪ Constitutional property protection.
Core Principle
South African property law distinguishes between real rights (enforceable against the
world) and personal rights (enforceable between specific parties). Courts apply
precedent and statutory principles to resolve disputes.
Structure
▪ IRAC legal exam structure
Issue → Rule → Application → Conclusion
▪ South African case law integration (Constitutional property principles (Section
25)
Pienaar v Rabie
Nienaber v Stuckey
Chetty v Naidoo
▪ Revision framework
Full topic breakdown with core legal doctrine summary
3
, Scenario 51: A dispute arises involving rei vindicatio requirements and application.
Discuss with reference to South African property law principles.
Answer (IRAC Structure):
Issue: The legal question concerns the enforceability of rights relating to rei vindicatio
requirements and application.
Rule: South African property law distinguishes between real and personal rights. Courts
rely on precedent such as Chetty v Naidoo to determine enforceability. Real rights bind
the world, while personal rights arise from obligations between parties.
Application: Applying these principles, the court will examine whether the claimant has
a legally recognised real right (such as ownership or a limited real right) or merely a
contractual claim. Facts will determine whether delivery, registration, or lawful
possession has been established.
Case Law Support: Courts have consistently held in cases such as Chetty v Naidoo that
ownership and real rights require strict proof and compliance with formal requirements.
Conclusion: Relief will depend on whether the claimant satisfies the requirements of the
applicable remedy, such as rei vindicatio for owners or contractual enforcement for
personal rights.
Scenario 52: A dispute arises involving possession versus detention in property law.
Discuss with reference to South African property law principles.
Answer (IRAC Structure):
Issue: The legal question concerns the enforceability of rights relating to possession
versus detention in property law.
Rule: South African property law distinguishes between real and personal rights. Courts
rely on precedent such as Amod v Kahn to determine enforceability. Real rights bind the
world, while personal rights arise from obligations between parties.
Application: Applying these principles, the court will examine whether the claimant has
a legally recognised real right (such as ownership or a limited real right) or merely a
contractual claim. Facts will determine whether delivery, registration, or lawful
possession has been established.
4
, UNISA PVL3701 Property Law Exam
Preparation Pack – Volume 2 (Premium
Edition)
PVL3701 Property Law – Premium Exam Preparation &
Study Manual
Includes IRAC answers, South African case law references,
and revision summaries
2
, Content Summary
Key Topics Covered
▪ Ownership
▪ Possession
▪ Rei vindicatio
▪ Servitudes
▪ Lease agreements
▪ Mortgage bonds
▪ Co-ownership
▪ Acquisition of ownership
▪ Constitutional property protection.
Core Principle
South African property law distinguishes between real rights (enforceable against the
world) and personal rights (enforceable between specific parties). Courts apply
precedent and statutory principles to resolve disputes.
Structure
▪ IRAC legal exam structure
Issue → Rule → Application → Conclusion
▪ South African case law integration (Constitutional property principles (Section
25)
Pienaar v Rabie
Nienaber v Stuckey
Chetty v Naidoo
▪ Revision framework
Full topic breakdown with core legal doctrine summary
3
, Scenario 51: A dispute arises involving rei vindicatio requirements and application.
Discuss with reference to South African property law principles.
Answer (IRAC Structure):
Issue: The legal question concerns the enforceability of rights relating to rei vindicatio
requirements and application.
Rule: South African property law distinguishes between real and personal rights. Courts
rely on precedent such as Chetty v Naidoo to determine enforceability. Real rights bind
the world, while personal rights arise from obligations between parties.
Application: Applying these principles, the court will examine whether the claimant has
a legally recognised real right (such as ownership or a limited real right) or merely a
contractual claim. Facts will determine whether delivery, registration, or lawful
possession has been established.
Case Law Support: Courts have consistently held in cases such as Chetty v Naidoo that
ownership and real rights require strict proof and compliance with formal requirements.
Conclusion: Relief will depend on whether the claimant satisfies the requirements of the
applicable remedy, such as rei vindicatio for owners or contractual enforcement for
personal rights.
Scenario 52: A dispute arises involving possession versus detention in property law.
Discuss with reference to South African property law principles.
Answer (IRAC Structure):
Issue: The legal question concerns the enforceability of rights relating to possession
versus detention in property law.
Rule: South African property law distinguishes between real and personal rights. Courts
rely on precedent such as Amod v Kahn to determine enforceability. Real rights bind the
world, while personal rights arise from obligations between parties.
Application: Applying these principles, the court will examine whether the claimant has
a legally recognised real right (such as ownership or a limited real right) or merely a
contractual claim. Facts will determine whether delivery, registration, or lawful
possession has been established.
4
