PVL3701
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 3 April 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 3 April 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
Why is inaedificatio classified as a form of original acquisition of ownership? Fully substantiate
your answer with reference to the specific page(s) of your Study Guide that you consulted to
answer this question. Your answer should not exceed 6 lines. (3)
Answer:
Inaedificatio is classified as a form of original acquisition of ownership because it involves the
construction of a building on land owned by another, resulting in the acquisition of ownership of
the building by the constructor. This concept is elucidated in detail in the Study Guide where it
discusses original modes of acquisition of ownership, including inaedificatio.
QUESTION 2
Fully advise Lindiwe about the correctness of Nkosinathi’s advice. In your answer do not repeat
the criteria, rather focus on the interpretation of the third criterion (the subjective intention
criterion) by the Supreme Court of Appeal in Konstanz Properties (Pty) Ltd v Wm Spilhaus en Kie
(Wp) Bpk (1996 (3) SA 283 (A)). Take note that Konstanz Properties (Pty) Ltd is one of the cases
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 3 April 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 3 April 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
Why is inaedificatio classified as a form of original acquisition of ownership? Fully substantiate
your answer with reference to the specific page(s) of your Study Guide that you consulted to
answer this question. Your answer should not exceed 6 lines. (3)
Answer:
Inaedificatio is classified as a form of original acquisition of ownership because it involves the
construction of a building on land owned by another, resulting in the acquisition of ownership of
the building by the constructor. This concept is elucidated in detail in the Study Guide where it
discusses original modes of acquisition of ownership, including inaedificatio.
QUESTION 2
Fully advise Lindiwe about the correctness of Nkosinathi’s advice. In your answer do not repeat
the criteria, rather focus on the interpretation of the third criterion (the subjective intention
criterion) by the Supreme Court of Appeal in Konstanz Properties (Pty) Ltd v Wm Spilhaus en Kie
(Wp) Bpk (1996 (3) SA 283 (A)). Take note that Konstanz Properties (Pty) Ltd is one of the cases
