UNIVERSITY OF BOTSWANA

DEPARTMENT OF LAW

LAW 201: INTRODUCTIONTO PROPERTY LAW

TEST 1

DATE: 24/03/17

TIME: 45 MINUTES

QUESTION
Peter Piper resides in the tranquil neighbourhood of Utopia in Gaborone.
Recently, the neighbouring property was bought and occupied by Devine Life
Apostolic Church, who have since constructed a church. The church has a bell
which chimes every hour. The church hosts revival all night prayer sessions
every Friday. These revival sessions are accompanied by loud singing, wailing
and the stomping of feet. The stomping of feet has led to cracks appearing on
the wall of Peters’ servant quarters. The Marula trees on the church’s yard
overhang onto Peter’s property. The leaves and fruit are falling onto Peters
property, causing extensive damage to the gutters on his house.

Peter has approached the church and asked that the church bells be switched off
between 10pm and 5am and that the branches that overhang onto his property
be cut. He has also asked the church to mend the cracks on the wall of his
servant quarters and the gutters. He has requested that members stop stomping
their feet during service and that the church should install sound-proofing in the
church. The church has, however, refused to meet Peter’s demands.

Advise Peter. [20 marks]