Assignment 1
Property Law
PVL3701
Semester 1 2025
Department of Private Law
Question 1 and 2 are in unisa code
Question 3
Identify the type of right that Mr. Smith, Mr. Jones and Mr. Brown have with
regard to their properties. In your answer also briefly explain how Mr. Smith, Mr.
Jones and Mr. Brown should exercise their rights?
Mr. Smith, Mr. Jones and Mr. Brown have real right in respective of their properties.
Remember that they can burden, control, alienate or vindicate (see page 45 of the study
book). However, since their Neighbors, they are expected to behave reasonably
towards one another (Malherbe v Ceres Municipality 1951 (4) SA 510 (A)). They must
exercise those entitlements as owners reasonably and the neighbor must endure such
exercise in a reasonable way. A certain degree of tolerance is expected of neighbors’ in
the exercise of their entitlements as owners. The standard to be applied was formulated
in Prinsloo v Shaw (1938 AD 570 590) (check page 51 on your study guide). They
cannot make excavations on their land which result in their neighbor’s land subsiding
(page 51 of the study guide).
Question 4
Identify the relevant legal limitation that exists regarding the right of neighbours
to develop their land. Explain the nature of this legal limitation.
Property Law
PVL3701
Semester 1 2025
Department of Private Law
Question 1 and 2 are in unisa code
Question 3
Identify the type of right that Mr. Smith, Mr. Jones and Mr. Brown have with
regard to their properties. In your answer also briefly explain how Mr. Smith, Mr.
Jones and Mr. Brown should exercise their rights?
Mr. Smith, Mr. Jones and Mr. Brown have real right in respective of their properties.
Remember that they can burden, control, alienate or vindicate (see page 45 of the study
book). However, since their Neighbors, they are expected to behave reasonably
towards one another (Malherbe v Ceres Municipality 1951 (4) SA 510 (A)). They must
exercise those entitlements as owners reasonably and the neighbor must endure such
exercise in a reasonable way. A certain degree of tolerance is expected of neighbors’ in
the exercise of their entitlements as owners. The standard to be applied was formulated
in Prinsloo v Shaw (1938 AD 570 590) (check page 51 on your study guide). They
cannot make excavations on their land which result in their neighbor’s land subsiding
(page 51 of the study guide).
Question 4
Identify the relevant legal limitation that exists regarding the right of neighbours
to develop their land. Explain the nature of this legal limitation.
