Summary Law of property summaries

PVL3701
–
Definitions
and
Short

Questions

Definitions



1)
Ownership
[7]



Ownership
is
the
most
comprehensive
real
right
a
person
can
have
with
regard

to
a
thing.
In
principle,
a
person
can
act
upon
and
with
this
thing
as
he/she

pleases.
This
apparent
freedom
is
restricted,
however,
by
the
law,
and
the
rights

of
others.



2)
Co-­‐ownership
[5]



Co-­‐ownership
can
be
defined
as
the
situation
where
two
or
more
persons
own

the
same
thing
at
the
same
time,
in
undivided
shares.
Two
forms
of
co-­‐ownership

can
be
distinguished,
namely
free
co-­‐ownership,
and
bound
co-­‐ownership.



3)
Bound
co-­‐ownership
[3]



Bound
co-­‐ownership
exists
where
there
is
an
underlying
legal
relationship

between
the
co-­‐owners
which
determines
the
basis
of
their
co-­‐ownership,
for

example,
a
marriage
in
community
of
property.



4)
Possession
(in
its
broad
sense)
[5]



Possession
in
the
broad
sense
can
be
described
as
a
real
relationship
between
a

legal
subject
and
a
thing,
characterised
by
two
elements:



1. A
physical
element
(corpus)

2. A
mental
element
(animus)



5)
Bona
fide
possessor
[4]



A
bona
fide
possessor
can
be
defined
as
a
person
who
is
not
recognised
as
the

owner
of
the
thing
because
he/she
does
not
comply
with
the
requirements
for

establishing
ownership,
but
who
has
the
intention
of
an
owner,
on
the
incorrect

assumption
that
he/she
is
in
fact
the
owner.



6)
Mala
fide
possessor
[3]



A
person
who
is
aware
of
the
fact
that
he/she
is
not
legally
recognised
as
the

owner
of
a
thing,
but
who
nonetheless
has
the
intention
of
an
owner.



7)
Bona
fide
unlawful
holder
[4]



PVL3701
Definitions
and
Short
Questions
@yash0505


,

The
bona
fide
unlawful
holder
can
be
defined
as
a
person
who
physically

controls
the
thing
unlawfully
(for
the
sake
of
the
benefit
he/she
derives
from
it),

but
is
unaware
of
the
fact,
since
he/she
is
under
the
incorrect
impression
that

he/she
has
the
necessary
permission
or
legal
ground
to
control
it.



8)
Right
of
retention
(lien)
[5]



A
lien
can
in
general
be
defined
as
a
limited
real
right
to
secure
the
claim
of
a

person
who
has
spent
money
or
done
work
on
another
person’s
thing.
It
entitles

the
lienholder
to
keep
the
thing
until
he/she
has
been
paid.



9)
Servitude
[7]



A
limited
real
right
to
another
person’s
thing.
It
confers
special
entitlements
and

use
of
enjoyment
on
the
holder,
who
enjoys
these
entitlements
as
either
the

owner
of
a
particular
piece
of
land
(land
servitude)
or
in
a
personal
capacity

(personal
servitude).



10)
Personal
servitude
[5]



A
limited
real
right
granting
the
servitude
holder
specific
entitlements
and
use
of

enjoyment
with
regard
to
the
movable
or
immovable
thing
of
another,
in
his/her

personal
capacity,
for
a
specific
period
of
time
or
for
his
lifetime,
or
in
the
case
of

a
legal
person,
for
a
maximum
of
100
years.



11)
Restrictive
conditions
[6]



Restrictive
conditions
can
be
defined
as
a
category
of
limitations
on
ownership

which
are
either
registered
against
the
title
deed
of
property,
or
not
so

registered
and
imposed
in
terms
of
a
statute
or
based
on
a
contract
and
are
in

the
interests
of
land-­‐use
planning.



12)
Pledge
[7]



A
limited
real
right
over
the
pledgor’s
thing,
delivered
to
the
pledgee
as
security

for
repayment
of
the
principal
debt
that
the
pledgor
or
a
third
party
owes
to
the

pledgee.



13)
Mortgage
[5]



A
limited
real
right
over
a
thing
belonging
to
the
mortgagor
in
order
to
secure

repayment
of
a
debt
owed
by
the
mortgagor
or
a
third
party
to
the
mortgagee.



14)
“Labour
tenant”
in
terms
of
the
Land
Reform
Act
[3]



A
person
who
has
the
right
to
reside
on
a
farm
and
also
to
use
the
land
for

cropping
or
grazing,
in
return
for
his/her
labour.





PVL3701
Definitions
and
Short
Questions
@yash0505