3 PVL303Y/201
PVL3701 LAW OF PROPERTY
MCQ’S FROM ASSIGNMENTS
2010
Which one of the following things is a composite thing?
(1) a dog
(2) a motor
(3) a glass
(4) a brick
ANSWER: (2)
COMMENTS:
(1) A dog is a singular thing.
(2) A motor is a composite thing and is made up of constituent parts which lost their
individuality.
(3) A glass is a singular thing.
(4) A brick is a singular thing.
(Study Guide page 36)
QUESTION 2
Which option is not a feature or characteristic of real rights?
(1) The rule prior in tempore potior in iure applies to real rights.
(2) Real rights grant preference in the case of insolvency.
(3) Real rights are unenforceable against bona fide third parties.
(4) The object of a real right is a thing.
ANSWER: (3)
COMMENTS:
(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.
, 4
(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).
(Study Guide pages 44-45)
QUESTION 3
Which option does not reflect a recognised subdivision of neighbour law?
(1) lateral support
(2) planting of trees
(3) interference with the natural flow of water
(4) nuisance
ANSWER: (2)
COMMENTS:
The recognised subdivisions of neighbour law are: nuisance; lateral and surface support;
encroachments; surface water; party walls and fences and elimination of danger.
(1) Lateral support is a recognised subdivision of neighbour law.
(2) Planting of trees is not a recognised subdivision of neighbour law, it is a subdivision of
encroachments.
(3) Interference with the natural flow of water is a recognised subdivision of neighbour law.
(4) Nuisance is a recognised subdivision of neighbour law.
(Study Guide pages 57-59)
QUESTION 4
Which option is the odd one out?
(1) a carp swimming around in the Roodeplaat dam
(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 them
(3) a wounded impala which has been shot on X’s unfenced farm and which is being
pursued by hunter Z
(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
ANSWER: (2)
COMMENTS:
(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.
PVL3701 LAW OF PROPERTY
MCQ’S FROM ASSIGNMENTS
2010
Which one of the following things is a composite thing?
(1) a dog
(2) a motor
(3) a glass
(4) a brick
ANSWER: (2)
COMMENTS:
(1) A dog is a singular thing.
(2) A motor is a composite thing and is made up of constituent parts which lost their
individuality.
(3) A glass is a singular thing.
(4) A brick is a singular thing.
(Study Guide page 36)
QUESTION 2
Which option is not a feature or characteristic of real rights?
(1) The rule prior in tempore potior in iure applies to real rights.
(2) Real rights grant preference in the case of insolvency.
(3) Real rights are unenforceable against bona fide third parties.
(4) The object of a real right is a thing.
ANSWER: (3)
COMMENTS:
(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.
, 4
(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).
(Study Guide pages 44-45)
QUESTION 3
Which option does not reflect a recognised subdivision of neighbour law?
(1) lateral support
(2) planting of trees
(3) interference with the natural flow of water
(4) nuisance
ANSWER: (2)
COMMENTS:
The recognised subdivisions of neighbour law are: nuisance; lateral and surface support;
encroachments; surface water; party walls and fences and elimination of danger.
(1) Lateral support is a recognised subdivision of neighbour law.
(2) Planting of trees is not a recognised subdivision of neighbour law, it is a subdivision of
encroachments.
(3) Interference with the natural flow of water is a recognised subdivision of neighbour law.
(4) Nuisance is a recognised subdivision of neighbour law.
(Study Guide pages 57-59)
QUESTION 4
Which option is the odd one out?
(1) a carp swimming around in the Roodeplaat dam
(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 them
(3) a wounded impala which has been shot on X’s unfenced farm and which is being
pursued by hunter Z
(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
ANSWER: (2)
COMMENTS:
(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.
