UNIVERSITY EXAMINATIONS

Oct/Nov 2023
PVL3701
Property Law
27 October 2023
12:45-16:45 (4 Hours)
100 Marks
First examiner: Prof IM Knobel
Mr LM Kutu
Second examiner: Dr L Kiewitz

This paper consists of eight (7) pages.

This is an open-book examination

INSTRUCTIONS FOR A TAKE-HOME EXAM

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks. The duration of the examination is from
12:45 – 16:45 (4 hours). In addition to the duration of the examination indicated on the
timetable, you are given 30 minutes to FINALISE the uploading of your exam file. Your
exam file must therefore be uploaded via the myExams platform on 27 October 2023
BEFORE 17:15 (South African Standard Time).
2. It consists of five (5) questions. Answer ALL the questions and fully substantiate with
reference to your Study Guide, case law and legislation where applicable.
3. Strictly adhere to the indication regarding the number of lines that each answer should
consist of. You will be penalised if you do not adhere to this.
4. Please do not include the questions in your submitted answers. Number answers
correctly and chronologically.
5 Although this is an open-book examination, while the examination is in progress, you are
not allowed to consult another person. You may consult the prescribed material for this
module. This includes the Study Guide and the prescribed cases mentioned in the
101/3/2023 tutorial letter which are available in the e-reserves of the library.
6. You must tick the Honesty Declaration before you start this examination. Make sure you
understand what academic dishonesty entails and are aware of Unisa’s policies in this
regard. By ticking the declaration you declare that you have read, and that you are adhering
to (i) the University’s Policy on Copyright Infringement and Plagiarism and the Student
Disciplinary Code, which are both available on myUnisa: www.unisa.ac.za/unisarules, and
(ii) the information relating to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules. By
ticking the declaration you also declare that you understand the implications of not adhering
to the abovementioned policies. Do not include any other Honesty Declaration in your
submitted answers.
7. Your answers must be typed and submitted online in PDF format. No other type of
submission of your examination answers will be accepted. Neither scanned typed answer
files nor handwritten scripts will be accepted. E-mailed submissions will not be accepted for

Open Rubric
 marking. In line with the examination rules a 0% mark will be allocated for answers that are
not typed.
8. Please note that the Invigilator App will apply during the examination. You must use the
Invigilator App for this examination. You must scan the QR code below between
12:30 and 13:15 (SAST). If you experience any technical challenges with the app between
these times, send a WhatsApp message to the technical helpdesk on 073 505 8273. Do
not contact the lecturers.

9. Please also take note that your answers will be submitted to Turnitin. You must accept the
Turnitin agreement (EULA). If you do not accept the agreement your answers will not be marked.

Answer all the questions below. Fully motivate your answers with reference to the
most relevant legal principles contained in the Study Guide, case law and legislation.

Because this is an open-book exam, all your answers must contain references to the
relevant page numbers of your Study Guide that you consulted to answer the
questions. If you consulted a court decision to answer a specific question, your answer
must contain a reference to the name of the court decision as well as a reference to
the specific paragraph that you consulted. Do not insert footnotes. Instead include all
references in brackets following each answer. We will not allocate marks for direct
quotations from the Study Guide. You will be assessed on your own level of
understanding and interpretation of the relevant legal principles by looking at how well
you applied the most relevant material to answer the questions.

Please do not copy directly (or word-for-word) from any source. use your study
guide and the prescribed case law to answer questions. Do not make use of any
internet sources or artificial intelligence software such as ChatGPT. You will be
penalised for this.

Your answers should contain the most relevant information and should clearly answer
the question.

The arguments that you make must be logical, well-structured, and substantiated by
relevant legal principles. Use the time given wisely.

We strongly advise you against copying and pasting from any source, whether it is
prescribed or not. Rather type your own answer, based on your own understanding
and interpretation of the most relevant material.

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Question 1

Mr Nkosi, a retired attorney, owns a residential property in Pretoria. The Pienaars, own
the house next to Mr Nkosi’s house. Mr Nkosi has a beautiful garden with very big
Jacaranda trees. Although the Pienaars adore the trees, the branches are overhanging
on their property. During the Spring season, hundreds of purple flowers end up falling
on their lawn to make it look untidy. In summer the branches prevent their lawn from
getting enough sunlight. There is also a very big Marula tree in the garden of the
Pienaars. A few months ago, they considered removing the Marula tree, but Mr Nkosi
informed them that the Marula tree is a protected tree species in terms of section 15(3)
of the National Forest Act 84 of 1998 which means that they are not allowed to remove
the tree without a licence granted by the Minister of Environment, Forestry and
Fisheries.

The Pienaars do not want to upset Mr Nkosi, because they know that he is fond of his
Jacaranda trees. A friend of the Pienaars, Lora, told them that since Mr Nkosi owns
the property the trees also belong to him and, therefore, he can do with the trees and
the property as he wishes. Against this background, answer the following questions:

1.1 Evaluate the correctness of Lora’s opinion that Mr Nkosi should be allowed to do
as he pleases since the property belongs to him. [6]
[Your answer should not exceed 10 lines.]

1.2 Advise the Pienaars about their legal position and options regarding the flowers
and the overhanging branches of the Jacaranda trees. [8]
[Your answer should not exceed 16 lines.]

1.3 The Pienaars feel aggrieved about the provision regarding the removal of the
Marula tree. They went to their computer and asked ChatGPT for legal advice on
the matter and the answer that was created indicated that the provision in terms
of the National Forest Act 84 of 1998 could possibly contravene their right to
property in terms of section 25(1) of the Constitution, 1996. Briefly explain to
them how a court could possibly approach the Constitutionality of the provision.

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 [Your answer should not exceed 10 lines.] [5]

1.4 The Pienaars decide that they do not want to confront Mr Nkosi about the trees.
Since their children moved out of the house, they realise that it is time for them
to move to a smaller house. They sell the house to a good friend, of theirs,
Johnny, who already rents a garden flat on their property. How will Johnny
become the owner of the property of the Pienaars? Your answer should briefly
deal with all relevant requirements. (10)
[Your answer should not exceed 20 lines.]
Question 1 total: [29]
Question 2
Katlego owns a flat in Pretoria. Katlego owes SA Bank an amount of R 50 000 which
was advanced to finance the acquisition of the flat. The debt is secured in terms of a
mortgage that is registered over the flat. She rents the flat to a Unisa student, Mark.
She signs a one-year lease agreement with Mark. Mark pays Katlego R5000 per
month. One of the terms of the lease agreement is that Katlego can change the locks
of the flat should Mark fall into arrears. The agreement contains another term, namely
that Katlego may enter the flat to remove all of Mark’s belongings should he fall into
arrears.

Katlego also owns a townhouse in Midrand. Her elderly father, Tshephang, resides in
the townhouse in terms of a personal servitude of right of habitation. Katlego and her
father had an argument because her father allows Katlego’s youngest sister, Dikeledi,
to stay in the townhouse when she comes to Midrand for business. Katlego and
Dikeledi do not get along. This argument negatively affects Katlego and Tshephang’s
relationship and Tshephang is concerned that Katlego might ask him to move out of
the townhouse.

Against this background answer the following questions:

2.1 Briefly identify three different rights that the various parties have in the set of
facts. In your answer also indicate what the object of each right is and whether
the right is registrable in the Deeds Registry.

For example: Katlego has a personal right against Mark. The object of this right
is the R5000 rental that Mark must pay monthly. This right cannot be registered
in the Deeds Registry. (10)

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 [Your answer should not exceed 15 lines.]

2.2 Mark discusses the terms of the lease agreement with his friends who are law
students at Unisa. They correctly indicate to him that the two terms of the lease
agreement referred to above are invalid and that there will be a remedy available
to him should Katlego enforce these terms.

2.2.1 Briefly explain why these terms are invalid. (5)

[Your answer should not exceed 10 lines.]

2.2.2 Identify and briefly discuss the remedy that will be available to Mark should
Katlego enforce these terms. In your answer also indicate whether Mark will be
successful with this remedy should Katlego enforce the terms. (7)
[Your answer should not exceed 10 lines.]

2.3 Mark falls behind with the rental. Fully advise Katlego about her options to secure
the arrear rental amount. (6)
[Your answer should not exceed 10 lines.]

2.4 Briefly describe the real relationship that Tshephang has with Katlego’s
townhouse in Midrand. (3)
[Your answer should not exceed 3 lines.]

2.5 Tshephang decides to get legal advice regarding his legal position. Fully advise
Tshepang about the possibility that Katlego could evict him from her townhouse.
(8)
[Your answer should not exceed 15 lines.]

2.6 Katlego is unsure of the type of special mortgage that SA Bank has over her flat
in Pretoria. Advise Katlego on the nature of the mortgage. (4)
[Your answer should not exceed 10 lines.]
Question 2 total: [43]
Question 3
Sandra, a game farmer, keeps two impalas, four kudus and a giraffe in a camp on her
farm. The camp is enclosed by a fence. She marks all the animals with the initials SA.
Late one evening the game ranger leaves the camp’s gate open and the four kudus
escape. Sandra’s neighbour, John, finds the kudus on his farm and captures them in a
camp. Sandra sees her kudus in John’s camp and claims them with the rei vindicatio.
John refuses to give the kudus to Sandra and claims that he became the owner of the
kudus through appropriation (occupatio).
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Against this background briefly explain who the owner of the kudus is and discuss
Sandra’s chances of succeeding with the rei vindicatio. (8)
[Your answer should not exceed 15 lines.]

Question 3 total: [8]

Question 4

Nomvula owns a farm near Pietermaritzburg. She is an attorney who works in Sandton.
She only visits the farm once a month over a weekend. One Saturday morning when
she arrived on the farm, she discovered that a group of around 100 people had moved
onto the farm and are staying there. Nomvula is worried and discusses her options with
you. She knows that she may institute the rei vindicatio to apply for the eviction of the
group of people but also knows that the application of the rei vindicatio is limited under
certain circumstances.

Against this background answer the following questions:

4.1 Which defence or limitation that may be raised against the rei vindicatio will apply
under the abovementioned circumstances? Briefly discuss. (5)
[Your answer should not exceed 10 lines.]

4.2 Briefly advise Nomvula on how she could go about evicting the group of people.
In your answer refer to relevant statutory law and case law. (5)
[Your answer should not exceed 10 lines.]

Question 4 total: [10]

Question 5

Tanya has an agreement with Tom, the owner of the farm “Laughing Meadow” in terms
of which she undertakes to register a servitude of right of way over her farm, “Merry
Cricket”, in favour of Laughing Meadow.

Against this background answer the following questions:

5.1 Before the servitude can be registered, Tanya sells Merry Cricket, to Karabo, who
knows of the servitude agreement between Tom and Tanya. After ownership of
Merry Cricket has been transferred to Karabo, he prevents Tom from using the
road over Merry Cricket. Fully discuss Tom’s legal position. (5)

[Your answer should not exceed 20 lines.]

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5.2 After the servitude has been registered, Tom dies, and his wife (Simoné) wishes
to use the road over Merry Cricket. Will she be entitled to use the road? Fully
discuss. (5)
[Your answer should not exceed 20 lines.]

Question 5 total: [10]

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