Property Law Notes

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PVL3701 Easy Notes


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NB: The in-text referencing style I’ve used in this paper below is mostly
required to be used in PVL3701 Examinations.

, STUDY UNIT 1: INTRODUCTION TO PROPERTY LAW – THINGS AS LEGAL
OBJECTS


1. What is Property Law?
Broad sense: Everything a person owns (e.g. land, car, bank account, copyright).
Narrow sense (our focus): Law of things – legal rules about how people relate to
things.
Key definition
The law of things is a branch of private law that governs relationships between
people and things as legal objects (Study Guide p. 10).


2. Legal Subjects vs Legal Objects
Legal subject = someone who can have rights and duties (e.g. a person or
company).
Legal object = what rights are exercised over (e.g. a thing, performance, image).


3. What is a Thing (Legal Definition)?
A thing is:
 Corporeal – it has a physical form (e.g. land, car).
 External to humans – cannot be part of a person’s body.
 Independent – stands alone (not just part of another).
 Under human control – can be owned or managed.
 Useful/valuable to humans – has some importance or worth.


Example: A farm is a “thing”; its shed is an accessory to the main thing (Study Guide
pp. 17–20).
Quick Questions for Class:
1 What is the difference between a legal subject and a legal object?
2 Name the 5 characteristics of a “thing” in property law.
3 Why can a human body not be a legal object?




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, STUDY UNIT 2: REAL RIGHTS AND PERSONAL (CREDITOR'S) RIGHTS


2.1 What’s the Difference?
Real RightPersonal (Creditor’s) RightEnforced against the whole worldEnforced only
against a specific personExample: ownership of landExample: right to payment
under a contractRegistered in deeds officeNot usually registrable
Real rights = things | Personal rights = obligations::::::::: (Study Guide pp. 29–30)


2.2. Two Theories Explaining the Difference:
(a) Personalist Theory:
 Real rights work against everyone (e.g. you can claim your car back from
anyone).
 Personal rights only work against one person (e.g. someone who owes you
money).


(b) Classical Theory:
 Real rights relate to a thing.
 Personal rights relate to a performance.


3. The Subtraction from the Dominium Test
Ask: Does the right take away a portion of the owner’s control over the thing?
 If yes = real right.
 If no = personal right.


Quick Class Questions


1 Give an example of a real right and a personal right.
2 According to the personalist theory, what is a key feature of real rights?
3 What does the subtraction test help us decide?


Sources of Property Law (Ranked):


 The Constitution (1996)

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,  Statutes (e.g. Land Survey Act 8 of 1997)
 Court decisions
 Roman-Dutch/common/customary law - (Study Guide p. 15)




STUDY UNIT 3: OWNERSHIP – DEFINITION AND LIMITATIONS
3.1. What is Ownership?
Ownership is the most complete real right a person can have over a thing.
Definition:
Ownership is the lawful real relationship between a person (legal subject) and a
thing, giving the person the fullest possible control over the thing. (Study Guide p.
42)


3.2. Entitlements of Ownership
An owner has these powers (entitlements):
 Use and enjoy the thing (e.g. live in a house, drive a car)
 Control the thing
 Fruits – enjoy benefits like crops or rent
 Consume or destroy it (if allowed by law)
 Alienate (sell or donate)
 Burden it (e.g. give someone a servitude or mortgage)
 Vindicate – claim it from anyone who holds it unlawfully


3.3. Limitations on Ownership
Ownership is not absolute. It may be limited in two ways:
(a) By Law:
 Statutes (e.g. environmental, health, zoning laws)
 Constitution – protects against arbitrary deprivation (s 25)
(b) By Rights of Others:
 Limited real rights like servitudes (e.g. right of way)
 Personal rights (e.g. lease agreement)
 Neighbour law (e.g. can't block light or cause nuisance)


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