UNIVERSITY EXAMINATIONS
May/June 2022
PVL3701
Property Law
20 MAY 2022
08H00-11h00 (3 Hours)
100 Marks
First examiner: Dr L Kiewitz
Prof IM Knobel
Mr LM Kutu
Second examiner: Dr NL Sono
This paper consists of five (5) pages.
This is a closed-book examination
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.
2. It consists of eleven (11) questions. Answer ALL the questions and substantiate with
reference to case law and legislation where applicable.
3. The duration of the examination is from 08h00 - 11h00 (3 hours).
4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person, or any source in order to assist you to answer any of the
questions contained in this question paper. While the examination is in progress, you are not
allowed to assist another student in answering any of the questions for this examination.
5. You must tick Honesty Declaration before you start this examination.
6. Your answers must be submitted online in Pdf format. No other type of submission of your
examination answers will be accepted. E-mailed submissions will not be accepted for
marking.
7. Please note that the Invigilator App will apply during the
examination.
Question 1
It can be said that the distinction between movable and immovable things has
significance in several fields of Property Law. In the example below reference is made
to movable and immovable things. Carl owns an expensive diamond ring that he
inherited from his grandmother. He also owns a farm in the Free State which he also
1
, inherited from his grandmother. He is borrowing a car from his sister and rents a flat
in Pretoria that belongs to his friend. Carl is a candidate attorney at a law firm in
Pretoria. Carl wants to buy his friend’s flat and his sister’s car. He does not have
enough money and would have to borrow money from a bank and/or his mother. He
is aware of the fact that he will have to provide security. Briefly advise Carl about the
following keeping the importance of the distinction between movables and immovables
in mind.
1.1 What would the best option be to secure a loan for the purchase of the car?
Briefly explain. [3]
Carl as pledgor will purchase the car through a right to pledge. He will
have to borrow money from his mother (pledgee) and give a diamond as
a security for the debt. Page 210 on what constitute a right to pledge
which is a
i) a principal debt,
ii) (a pledge agreement (security agreement) and
iii) delivery
1.2 What would the best option be to secure a loan for the purchase of the flat?
Briefly explain. [3]
Carl as mortgagor will purchase the flat through mortgage with the bank
(mortgagee). Carl’s farm will be registered as a security for the debt.
Page 216.
1.3 How will Carl become the owner of the car after buying it? Briefly explain. [3]
Carl will become an owner of the car after it has been delivered to him.
But since he has already been in possession of a car. Carl will become
an owner through a short hand. In short hand method of delivery, no
transfer of physical control takes place, since the transferee is already in
control of the thing. Page 105.
1.4 How will Carl become the owner of the flat? Briefly explain. [3]
Carl will become the owner when the flat has been registered in the deeds
registry. Ownership of the unit of land is transferred by a deed of transfer, a new
deed of transfer being registered for every change of ownership. Registration of land
cannot take place without the lodging at the deeds registry of the existing title deed,
under which the property concerned is held. Registration is regulated by the Deeds
Registries Act 47 of 1937 and takes place at a deeds registry. Page 114
2
May/June 2022
PVL3701
Property Law
20 MAY 2022
08H00-11h00 (3 Hours)
100 Marks
First examiner: Dr L Kiewitz
Prof IM Knobel
Mr LM Kutu
Second examiner: Dr NL Sono
This paper consists of five (5) pages.
This is a closed-book examination
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.
2. It consists of eleven (11) questions. Answer ALL the questions and substantiate with
reference to case law and legislation where applicable.
3. The duration of the examination is from 08h00 - 11h00 (3 hours).
4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person, or any source in order to assist you to answer any of the
questions contained in this question paper. While the examination is in progress, you are not
allowed to assist another student in answering any of the questions for this examination.
5. You must tick Honesty Declaration before you start this examination.
6. Your answers must be submitted online in Pdf format. No other type of submission of your
examination answers will be accepted. E-mailed submissions will not be accepted for
marking.
7. Please note that the Invigilator App will apply during the
examination.
Question 1
It can be said that the distinction between movable and immovable things has
significance in several fields of Property Law. In the example below reference is made
to movable and immovable things. Carl owns an expensive diamond ring that he
inherited from his grandmother. He also owns a farm in the Free State which he also
1
, inherited from his grandmother. He is borrowing a car from his sister and rents a flat
in Pretoria that belongs to his friend. Carl is a candidate attorney at a law firm in
Pretoria. Carl wants to buy his friend’s flat and his sister’s car. He does not have
enough money and would have to borrow money from a bank and/or his mother. He
is aware of the fact that he will have to provide security. Briefly advise Carl about the
following keeping the importance of the distinction between movables and immovables
in mind.
1.1 What would the best option be to secure a loan for the purchase of the car?
Briefly explain. [3]
Carl as pledgor will purchase the car through a right to pledge. He will
have to borrow money from his mother (pledgee) and give a diamond as
a security for the debt. Page 210 on what constitute a right to pledge
which is a
i) a principal debt,
ii) (a pledge agreement (security agreement) and
iii) delivery
1.2 What would the best option be to secure a loan for the purchase of the flat?
Briefly explain. [3]
Carl as mortgagor will purchase the flat through mortgage with the bank
(mortgagee). Carl’s farm will be registered as a security for the debt.
Page 216.
1.3 How will Carl become the owner of the car after buying it? Briefly explain. [3]
Carl will become an owner of the car after it has been delivered to him.
But since he has already been in possession of a car. Carl will become
an owner through a short hand. In short hand method of delivery, no
transfer of physical control takes place, since the transferee is already in
control of the thing. Page 105.
1.4 How will Carl become the owner of the flat? Briefly explain. [3]
Carl will become the owner when the flat has been registered in the deeds
registry. Ownership of the unit of land is transferred by a deed of transfer, a new
deed of transfer being registered for every change of ownership. Registration of land
cannot take place without the lodging at the deeds registry of the existing title deed,
under which the property concerned is held. Registration is regulated by the Deeds
Registries Act 47 of 1937 and takes place at a deeds registry. Page 114
2
