LPL4805
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 29 February 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
29 February 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
Question 1
Jack (the owner of the intended dominant tenement) and Gerald (the owner of the intended servient
tenement) enter into a servitude agreement but fail to register it. Later, Gerald sells his property to Jack, who
in turn sells it to Sue.
What are the legal implications of the unregistered servitudes for the respective parties? [10]
Answer:
The legal implications of the unregistered servitude agreement can vary depending on the jurisdiction, as
property law may differ. However, I can provide you with some general information.
1. Between Jack and Gerald:
• The servitude agreement between Jack (dominant tenement) and Gerald (servient tenement) is
valid even if not registered. However, the lack of registration may limit its enforceability against third
parties, and it may not be binding on subsequent owners who are unaware of the agreement.
2. Between Jack (now owner of both tenements) and Sue:
• When Jack sells the property to Sue, the servitude agreement should be disclosed during the sale.
Failure to disclose may lead to legal consequences, and Sue may have legal remedies against Jack
for non-disclosure or misrepresentation, depending on local laws.
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 29 February 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
29 February 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
Question 1
Jack (the owner of the intended dominant tenement) and Gerald (the owner of the intended servient
tenement) enter into a servitude agreement but fail to register it. Later, Gerald sells his property to Jack, who
in turn sells it to Sue.
What are the legal implications of the unregistered servitudes for the respective parties? [10]
Answer:
The legal implications of the unregistered servitude agreement can vary depending on the jurisdiction, as
property law may differ. However, I can provide you with some general information.
1. Between Jack and Gerald:
• The servitude agreement between Jack (dominant tenement) and Gerald (servient tenement) is
valid even if not registered. However, the lack of registration may limit its enforceability against third
parties, and it may not be binding on subsequent owners who are unaware of the agreement.
2. Between Jack (now owner of both tenements) and Sue:
• When Jack sells the property to Sue, the servitude agreement should be disclosed during the sale.
Failure to disclose may lead to legal consequences, and Sue may have legal remedies against Jack
for non-disclosure or misrepresentation, depending on local laws.
