PVL3701- LAW OF PROPERTY MCQ’s
Which one of the following things is a composite thing?
A motor
A motor is a composite thing and is made up of constituent parts which lost their
individuality.
Which option is not a feature or characteristic of real rights?
Real rights are unenforceable against bona fide third parties
1. In the case of insolvency the maxim first in time stronger in law (prior in tempore
potior in iure) will apply in the case of two or more competing real rights.
2. In the case of insolvency a real right enjoys preference over other rights.
3. Real rights are absolute in principle and the real right holder can enforce his/her
right against bona fide third parties.
4. The object of a real right is a corporeal thing (leaving aside the exception of a
pledge of claims).
Which option does not reflect a recognised subdivision of neighbour law?
Planting of trees
1. The recognised subdivisions of neighbour law are: nuisance; lateral and surface
support; encroachments; surface water; party walls and fences and elimination
of danger
2. Lateral support is a recognised subdivision of neighbour law
3. Planting of trees is not a recognised subdivision of neighbour law, it is a
subdivision of encroachments.
4. Interference with the natural flow of water is a recognised subdivision of
neighbour law.
5. Nuisance is a recognised subdivision of neighbour law.
Which option is the odd one out?
A kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high
game proof fence and with the mark QR on them
1. A carp swimming around in the Roodeplaat dam is a thing that is susceptible to
ownership, but that belongs to no-one at this particular stage and can therefore
be categorized as a res nullius.
2. A kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre
high game proof fence and with the mark QR on him belongs to Q and R and
forms part of Q and R’s estate and can therefore be classified as a res alicuius.
, 3. A wounded impala which has been shot on X’s unfenced farm and which is being
pursued by hunter Z is a res nullius. If Z catches it he can obtain ownership
through appropriation if all the requirements are met
4. A Congolese wood parrot which lived for two years in an open cage in the lounge
of Z’s Waterkloof home, but flew away and now lives in the trees at Magnolia
Dell reverted to his former wild state, after having been controlled by a person,
and is regarded as a res nullius
Indicate when natural interruption of prescription will occur:
1. When a person is absent from the country because of war- Prescription will be
suspended when a person is absent from the country because of war.
2. When a fiduciarius has alienated fideicommissary goods without the power to
alienate it- Prescription will be suspended when a fiduciarius has alienated
fideicommissary goods without the power to alienate it.
3. When summons, claiming ownership of the thing, is served- Prescription will not
be interrupted when summons, claiming ownership of the thing, is served.
Interruption only occurs if the person who claims ownership succeeds in carrying
his/her claim to the final judgment.
4. When the acquirer lost possession of the thing, by relinquishing it voluntarily or
when the thing was forcibly taken from him/her- Prescription will not be
interrupted when the acquirer lost possession of the thing, by relinquishing it
voluntarily or when the thing was forcibly taken from him/her. Prescription can
only be interrupted through voluntary loss of possession.
No correct answer. Please note that all students will get a mark for this question
irrespective of their answer.
Which option is not a requirement or characteristic of treasure trove as an original
mode of acquisition of ownership?
The treasure must be a valuable movable or immovable thing
1. The treasure must be a valuable movable thing. The treasure cannot be an
immovable thing
2. The finder must exercise some kind of physical control over the treasure.
3. The original owner of the treasure cannot be found.
4. A valuable thing lying openly on the ground can never qualify as a treasure for
purposes of treasure trove.
Indicate the false option in respect of the requirements for attornment:
, The third party (holder) can consent in advance to a future transfer of ownership
In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court
held that all the requirements for attornment were complied with.
1. Both 3 and 4 are incorrect. Please note that all students will get a mark for this
question irrespective of their answer.
2. One of the requirements for attornment to take place is that there must be a
tripartite agreement between the transferor, the transferee and the third party
holder in terms of which the holder will continue to hold for the transferee and
no longer for the transferor.
3. Another requirement for attornment to take place is that the third party (holder)
should exercise physical control at the moment of transfer from the transferor to
the transferee.
4. In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the
court held that the third party (holder) can consent in advance to a future
transfer of ownership. In this case a new form of delivery was recognized.
5. In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) a new
form of delivery was acknowledged.
Give an example of delivery with the long hand:
A flock of sheep pointed out in the presence of the transferee.
1. A flock of sheep pointed out in the presence of the transferee is an example of
delivery with the long hand (traditio longa manu).
2. The delivery of the keys to a motor is an example of symbolic delivery.
3. An example of constitutum possessorium would be when X buys a watch from a
jeweller and leaves it with the jeweller for cleaning
4. An example of delivery with the short hand (traditio brevi manu) would be when
X hires a motor from Y and then purchases it from Y.
Which option is the odd one out?
The Aquilian action can be instituted against anyone who causes damage due to an
intentional or negligent act.
The Aquilian action is available to the owner of the damaged thing only.
1. Both 2 and 4 are incorrect. Please note that all students will get a mark for this
question irrespective of their answer.
2. In order to succeed with the Aquilian action a causal connection between the
patrimonial loss and the conduct of the defendant has to be proved.
3. The Aquilian action can be instituted against anyone who causes damage due to
an unlawful intentional or negligent act, thus culpability of the defendant.
4. Damages can be claimed with the Aquilian action.
Which one of the following things is a composite thing?
A motor
A motor is a composite thing and is made up of constituent parts which lost their
individuality.
Which option is not a feature or characteristic of real rights?
Real rights are unenforceable against bona fide third parties
1. In the case of insolvency the maxim first in time stronger in law (prior in tempore
potior in iure) will apply in the case of two or more competing real rights.
2. In the case of insolvency a real right enjoys preference over other rights.
3. Real rights are absolute in principle and the real right holder can enforce his/her
right against bona fide third parties.
4. The object of a real right is a corporeal thing (leaving aside the exception of a
pledge of claims).
Which option does not reflect a recognised subdivision of neighbour law?
Planting of trees
1. The recognised subdivisions of neighbour law are: nuisance; lateral and surface
support; encroachments; surface water; party walls and fences and elimination
of danger
2. Lateral support is a recognised subdivision of neighbour law
3. Planting of trees is not a recognised subdivision of neighbour law, it is a
subdivision of encroachments.
4. Interference with the natural flow of water is a recognised subdivision of
neighbour law.
5. Nuisance is a recognised subdivision of neighbour law.
Which option is the odd one out?
A kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high
game proof fence and with the mark QR on them
1. A carp swimming around in the Roodeplaat dam is a thing that is susceptible to
ownership, but that belongs to no-one at this particular stage and can therefore
be categorized as a res nullius.
2. A kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre
high game proof fence and with the mark QR on him belongs to Q and R and
forms part of Q and R’s estate and can therefore be classified as a res alicuius.
, 3. A wounded impala which has been shot on X’s unfenced farm and which is being
pursued by hunter Z is a res nullius. If Z catches it he can obtain ownership
through appropriation if all the requirements are met
4. A Congolese wood parrot which lived for two years in an open cage in the lounge
of Z’s Waterkloof home, but flew away and now lives in the trees at Magnolia
Dell reverted to his former wild state, after having been controlled by a person,
and is regarded as a res nullius
Indicate when natural interruption of prescription will occur:
1. When a person is absent from the country because of war- Prescription will be
suspended when a person is absent from the country because of war.
2. When a fiduciarius has alienated fideicommissary goods without the power to
alienate it- Prescription will be suspended when a fiduciarius has alienated
fideicommissary goods without the power to alienate it.
3. When summons, claiming ownership of the thing, is served- Prescription will not
be interrupted when summons, claiming ownership of the thing, is served.
Interruption only occurs if the person who claims ownership succeeds in carrying
his/her claim to the final judgment.
4. When the acquirer lost possession of the thing, by relinquishing it voluntarily or
when the thing was forcibly taken from him/her- Prescription will not be
interrupted when the acquirer lost possession of the thing, by relinquishing it
voluntarily or when the thing was forcibly taken from him/her. Prescription can
only be interrupted through voluntary loss of possession.
No correct answer. Please note that all students will get a mark for this question
irrespective of their answer.
Which option is not a requirement or characteristic of treasure trove as an original
mode of acquisition of ownership?
The treasure must be a valuable movable or immovable thing
1. The treasure must be a valuable movable thing. The treasure cannot be an
immovable thing
2. The finder must exercise some kind of physical control over the treasure.
3. The original owner of the treasure cannot be found.
4. A valuable thing lying openly on the ground can never qualify as a treasure for
purposes of treasure trove.
Indicate the false option in respect of the requirements for attornment:
, The third party (holder) can consent in advance to a future transfer of ownership
In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court
held that all the requirements for attornment were complied with.
1. Both 3 and 4 are incorrect. Please note that all students will get a mark for this
question irrespective of their answer.
2. One of the requirements for attornment to take place is that there must be a
tripartite agreement between the transferor, the transferee and the third party
holder in terms of which the holder will continue to hold for the transferee and
no longer for the transferor.
3. Another requirement for attornment to take place is that the third party (holder)
should exercise physical control at the moment of transfer from the transferor to
the transferee.
4. In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the
court held that the third party (holder) can consent in advance to a future
transfer of ownership. In this case a new form of delivery was recognized.
5. In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) a new
form of delivery was acknowledged.
Give an example of delivery with the long hand:
A flock of sheep pointed out in the presence of the transferee.
1. A flock of sheep pointed out in the presence of the transferee is an example of
delivery with the long hand (traditio longa manu).
2. The delivery of the keys to a motor is an example of symbolic delivery.
3. An example of constitutum possessorium would be when X buys a watch from a
jeweller and leaves it with the jeweller for cleaning
4. An example of delivery with the short hand (traditio brevi manu) would be when
X hires a motor from Y and then purchases it from Y.
Which option is the odd one out?
The Aquilian action can be instituted against anyone who causes damage due to an
intentional or negligent act.
The Aquilian action is available to the owner of the damaged thing only.
1. Both 2 and 4 are incorrect. Please note that all students will get a mark for this
question irrespective of their answer.
2. In order to succeed with the Aquilian action a causal connection between the
patrimonial loss and the conduct of the defendant has to be proved.
3. The Aquilian action can be instituted against anyone who causes damage due to
an unlawful intentional or negligent act, thus culpability of the defendant.
4. Damages can be claimed with the Aquilian action.
