Law of property exam paper 2019.

Question 1.
Q.1.1 A thing can be defined as a corporeal or tangible object that exists
externally to persons. It exists independently and it is subject to the control of a
legal subject. It is often useful or beneficial to the person that uses it. The
characteristics of a thing are corporeality, it exists externally to humans, it is
subject to judicial control, it exists independently and it is useful to the person[s]
using it.
Q.1.2 Mixing takes place when solids of different owners are mixed and mingling
or fusing takes place when liquids and liquid solids of different owners are mixed
without their permission and without it constituting either the attachment of an
accessory thing to a principal thing or the manufacture of a new thing.
Q.1.3 The consequences of mixing are that the owner can vindicate his
proportionate share due to the ownership not changing. The consequences of
fusing liquids is that the fussed liquids are owned in undivided shares.
Q.1.4 Acquisition of fruits and expropriation.
Q.1.5 The owner of a property has:
 Entitlement to control – physically control and keep a thing
 Entitlement to use – use and benefit from the thing
 Entitlement to encumber – to grant limited real rights in regards to the
thing
 Entitlement to alienate – to transfer the thing to someone else
 Entitlement to vindicate – to claim the thing from another person
Question 2.
Joseph is obliged to pay for his rent as set out in the lease agreement. Due to the
fact that the agreement is secured by a real security right, the owner of the flat
has a limited real right of the property. This means that, as a creditor to Joseph,
the flat owner has the right to use the property until the debt is satisfied. The
creditor also has the right to sell the property and to have the debt be repaid by
the proceeds made from the sale. The purpose of real security right is to provide
security for a debt.
Question 3.
The basis of neighbor law is that land must be used in such a way that another
person is not prejudiced or burdened. If an owner or occupier of land, which
exercising his entitlements, inconveniences a neighbor by creating or allowing a
situation which makes the neighbor suffer damage he acts unreasonably. This
was set out in the case of Gien v Gien 1979. The remedies in this circumstance
would be delictual remedies or common law remedies.
Question 4.
Q.4.1
Q.4.1.1 He can make use of this remedy because provides relief to persons who
have been deprived of good without due legal procedure Having been followed.
Q.4.1.2 The requirements are:
 The applicant will have to prove that he had undisturbed and peaceful
possession of the property
 The applicant will have to prove that he was unlawfully deprived of his
possession of the thing.
Q.4.1.3 to restore the status quo ante.
4.2

Question 5.
Section 26 of the Constitution affords everyone a right to access to adequate
housing

Question 6.
A lien is a right to withhold property from its owner in order to enforce the
payment of a debt. It cannot secure an obligation other than the payment of the
debt. The two types are debtor-creditor lien and enrichment lien. A form of
enrichment lien, which is improvement lien - comes into existence when its
holder has made useful expenses on the property; which are expenses which
enhance the market value of a thing. Another form which is salvage lien covers
its holders’ necessary expenses on the property; which are expenses which are
needed to maintain the property in its current state.

Question 7.
Question 8.
A praedial servitude is a limited real right constituted in favor of the owner of a
property in his capacity as owner. It entitles one property owner to exercise their
right on the property of another, or to prohibit another property owner from
exercising a normal ownership right. There needs to be an agreement between
the parties that sets out rights and responsibilities of each party.