Study Guide Eng 273

IURI 272 EC
LAW OF PROPERTY
Faculty of Law
MOD compiled by: Prof. Wian Erlank, Prof. Mitzi Wiese,

Adv. Sikandar Kola, Adv. Steven Serumaga-Zake
Copyright © 2024 edition. Review date 2024.
North-West University
No part of this MOD may be reproduced in any form or in any way without the written permission of the publishers.
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Module information
Module code IURI 272 EC
Module name Law of Property
16 Credits
Module credits This implies that you must spend a total of (at least) 160 hours to
master the outcomes of this module successfully.
NQR level Level 6
Prerequisites Completion of first year modules
Additional resources or Access to internet, eFundi, email – as well as access from time to time,
to equipment such as a pc/laptop. You can use the computer labs if
requirements to
needed.
complete module
successfully
Lecturer and contact information

Mafikeng Potchefstroom Vaal Triangle
Adv. Steven
Name of lecturer(s) Adv. Sikandar Kola Prof. Mitzi Wiese
Serumaga-Zake
Office telephone Please consult the resources section on eFundi
E-mail address Please consult the resources section on eFundi
Building and office

Please consult the resources section on eFundi
number
Consulting hours Please consult the resources section on eFundi
Additional support Please consult the resources section on eFundi
Introduction
Purpose of the module:
IURI 272 is an introductory module to the Law of Property. The purpose of this module is to enable
students to master the basic principles of property law and to equip them with the necessary skills
and competencies to analyse and solve the most basic and common property-law problems.
Teaching and learning in this module
1
The timetables on the different campuses are aligned. Due to each campus’s unique context the
amount of contact sessions may differ. During contact sessions the discussion will focus on the
main aspects of the work in addition to certain very specific problems. You are expected to work
through the prescribed study material that we do not cover in class on your own. Without this
continuous self-study, you will not be able to achieve the required outcomes to pass this module,
and you will also not have a working knowledge of property law. You have to prepare for each
lecture – and be prepared to answer questions and participate in discussions. It is suggested that
you summarise all the work that we are going to cover every week, before coming to class – and
that you supplement this with notes about the specific issues that we do cover in class. Class tests
will be written in designated evaluation periods. You will also be expected to do some problem
statements or assignments from time to time that will be based on the work that you have prepared
for the period. Attendance of classes is mandatory and you will be penalised (by default) if we
do an assessment in class and you were not present. This also applies to any ad hoc
announcements and arrangements that are made during lectures. If you are unable to attend a
lecture, it is your responsibility to find out any pertinent information from the students who did
attend. The lecturer will not repeat this outside of the classroom. This arrangement also applies to
arrangements and announcements made on eFundi. Therefore, if something was announced in
class, posted on eFundi, or is contained in this MOD, the lecturer will not respond to questions
about the matter outside of the classroom – and also not via email. As alluded to above, in this
course the focus is not on knowledge transfer by the lecturer, but rather on active knowledge
acquisition by the student through self-study. Therefore, it is essential that you come to class fully
prepared if you want to get the most from the lectures. This means that you have to read through
the prescribed material (including cases) BEFORE the lecture, and have spent some time thinking
about the work.
Factual knowledge that you can read and master independently in the prescribed textbook, articles
and cases will receive little attention during the lecture periods. The emphasis will rather be on the
application of factual knowledge and the making of syntheses to enable learners (who have
prepared for the lecture period) to apply the study material and be able to apply it in a broader
context. The emphasis will therefore always be on self-study.
Flipped classroom and SDL

Since self-directed and online-learning is becoming more important, certain parts of the course will be
presented via online/electronic means. These sections of the work will be identified by your lecturer in
advance, as well as any arrangements with regard to class attendance during such periods.
COVID19 Restrictions
In adherence to National Lockdown Regulations, face-to-face classes might be replaced with online
classes.
Module outcomes
On completion of this module, you should be able to demonstrate:

• detailed knowledge and understanding of the relationship between a person and his/her assets in
relation to the nature of the assets and the origin, consequences, constitutional implications and
termination of the relationship, and understanding of how that knowledge relates within the
different fields in the same discipline;
• the ability to select, evaluate and apply with discernment those standard rules and methods
relating to the acquisition and protection of ownership, possession, holdership and limited real
rights to solve fundamental problems in a defined environment in die field of property law;
• the ability to distinguish and solve property-related problems in unfamiliar contexts and to apply the
solutions to support progress in the practice of property law;
2
• discipline-specific methods and techniques of scientific enquiry and information gathering on
property law and related disciplines of this study year from relevant discipline-related sources,
analyse, evaluate and synthesize the information and apply your conclusions/research to a given
context in the field of property law;
• accurate and coherent written and verbal communication of individual and group tasks and projects
with understanding of and respect for intellectual property conventions, copyright and rules on
plagiarism.
• an understanding of and ability to identify how new technological developments in the field are
shaping the content discussed in this module and how this is being addressed in the courts,
practice and academic discourse.
Assessment administration
The administration of assessment will be discussed by each individual lecturer. General principles
apply across campuses. Sickness letters and other valid excuses regarding tests and / or
assignments must be submitted to the relevant lecturer / secretary within 7 days after a test was
written / assignment must be submitted. Failure to apologize in a timely manner will result in the
apology not being accepted and a mark of 0 being awarded.
Inquiries about marks, requests for the re-marking of tests / assignments must be sent to the
lecturer / secretary concerned or submitted to him / her within 7 days after the test / assignment
has been returned to the students. Failure to act in a timely manner will result in incorrect
calculations / entries not being corrected, or tests / assignments not being re-marked.
Half-year marks are calculated based on the available mid-year marks, and are used by the
university administration to determine if you are showing sufficient progress. Your lecturers cannot
change these marks, and the accompanying half-year mark will not be taken into account when
determining your participation mark or final module mark.
Assessment criteria
Students will have obtained the module outcomes if they can demonstrate that they
can:
1. Define key concepts of Property Law, identify, contrast and critique different normative
theories underlying Property Law; describe how Property Law is related to other fields of Law
and legal practice; and identify and apply legal rules and principles pertaining to Property
Law.
2. Select the relevant provisions of legislation and the common law to solve problems in the field
of Property Law; evaluate and critique legislation and case law relevant to Property Law;
identify and deconstruct legal problems; and apply the principles of Property Law to solve
those problems.
3. Apply relevant constitutional principles to Property Law and find solutions for the development
of Property Law in the light of such constitutional principles.
4. Apply effective learning and monitoring strategies to ensure learning progress towards
outcome attainment; and apply effective time management strategies to complete and submit
assignments on time.
5. Indicate how new technological developments in the field are shaping the content of Property
Law and how this is being addressed in the courts, practice and academic discourse.
3
Module plan:
(Always refer to the "lessons" part of eFundi for the updated and applicable plan –
which might be amended from time to time)
Introduction to
Law of Property
Unit Topic the Law of
Casebook & other
Property
Theme I: Introduction
1. Introduction to the law of property Chapter 1 [1]
Chapter: History
of Property Law
2. History of Property Law and Roman
and Roman
Property Law
Property Law
(eFundi)
Bhe and Others v
Magistrate,
Khayelitsha, and
Others; Shibi v Sithole
and Others; South
African Human Rights
Chapter:
Commission and
Indigenous
Another v President
(customary)
3. Indigenous (customary) property law Of The Republic Of
property law
South Africa And
(eFundi); Another 2005 (1) SA
580 (CC)
Madikizela-Mandela v
Executors, Estate
Late Mandela and
Others 2018 (4) SA
86 (SCA)
Things as legal objects; Journal article
4. "Dephysicalisation" and modern objects Chapter 2
of property law (eFundi)
5. Property rights, real rights and personal

Chapter 3 [2] [6]
rights
Theme II: Ownership
6. Introduction to ownership Chapter 4 [7]
7. Co-ownership Chapter 5
8. Statutory land use Chapter 6 [85]
9. [7] [10] [11] [12] [77]

Limitations on ownership Chapter 7
[78] [81] [84]
10. Original acquisition of ownership Chapter 8 [14] [16] [73] [74] [81]
11. [4] [24] [25] [26] [33]

Derivative acquisition of ownership Chapter 9
[75]
12. Protection of ownership Chapter 10 [31] [32] [36] [37] [39]
4
13. Termination of ownership Chapter 11
Theme III: Possession and holdership
14. Introduction to possession and

Chapter 12 [40]
holdership
15. Acquisition of possession and

Chapter 13 [14]
holdership
16. [39] [40] [42] [44] [47]

Protection of possession and holdership Chapter 14
[48]
17. Termination of possession and
Chapter 15
holdership
Theme IV: Limited real rights
18. Introduction to limited real rights and

Chapter 16
other rights in property
19. [1] [32][49A] [49B]

Servitudes and restrictive conditions Chapter 17
[52] [75]
20. Real security rights: pledge and [55] [63] [66] [68] [71]
Chapter 18
mortgage [75] [76]
Chapter 19 [56] [58] [61] [62] [71]
21. Real security rights created my law
[76]
22. Other property rights Chapter 20 [60] [75] [79] [80]
Theme V: Constitutional property law and the future of property law
23. Introduction to constitutional property law Chapter 21 [77]
24. Property rights: section 25 Chapter 22 [65] [66] [67] [70] [77]
25. [36] [37] [72] [78] [81]

Reform of property law Chapter 23
[82] [83] [84]
26. The future of property law Chapter 24 [37] [77]
Assessment
Requirements for successful completion of the module
• Participation mark: minimum 40% to obtain admission to examination
• All practical tasks must have been completed and a minimum of 50% obtained for every task.
• Examination sub minimum: 45%
You need a final module mark of at least 50% to pass the module
Assessment plan
A) Formative assessment:
Scheduled tests, class tests and assignments
Shorter questions, which may include multiple choice questions regarding preparation of
specific study material, shall be taken without notice during an ordinary contact session.
Longer questions to test your insight shall normally be asked after a study section has been
finalised.
5
B) Summative assessment:
Examination:
Shorter questions, which may also include multiple-choice questions, to test your knowledge
of the relevant legal principles, points of view of authors and case law. Your insight into and
application of these principles will normally be tested by means of longer problem questions,
where systematic thinking and correct formulation are of the utmost importance. (1x 3hr
Exam paper)
C) Informal assessment
Informal assessment will be done throughout the year by means of (amongst others) peer
evaluation, class discussions, student presentations, participation in tutorials and quizzes on
eFundi.
Calculation of module mark

Please note that this may change due to lockdown restrictions.
A) Participation mark:
The participation mark will be determined as follows:
There will be 5 marks for this course used to determine 4 final marks for participation purposes.
It will consist out of 3 scheduled tests and one research assignment, together with additional
class tests, assignments and other assessments that contribute to your fifth mark.
Of the main assessment marks (3 tests and 1 Research assignment), the worst (or absent)
mark will fall away.
The calculation looks like this:
Mark 1: Test 1 (50 marks), (test week)
Mark 2: Test 2, (50 marks), (semester exam)
Mark 3: Research Assignment (50 Marks), (second semester)
Mark 4: Test 3, (50 Marks), (test week)
Mark 5: (Average of all of the other assessments)
Total will be calculated out of 100.
NB: There are NO sick-tests in this module, and also NO second opportunity during
the mid-year assessment period.
Final determination out of 100:

3 marks out of 4 (T1, T2, T3 and Research Assignment (worst falls away).
(30% 30% 30%=90%)
1 mark (Average of all of the other assessments)
(10%)
Total 100.
B) Examination mark:
1x 3hr exam – out of 100.
Examination requirements: (if applicable)
No text programmable pocket calculators are allowed in the examination.
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Calculation of final mark
Participation mark: 50%
Examination mark: 50%
TOTAL: 100%
Study material
Compulsory study material
• Horn JG, Knobel IM and Wiese M Introduction to the Law of Property 8th ed (Cape Town: Juta & Co)
Additional material in the form of journal articles, newspaper reports, legislation. Multimedia and
extracts from other textbooks and materials will be announced throughout the year and where
applicable, made available on eFundi.
Enriching literature (not compulsory)

• Horn JG, Knobel IM, Wiese M Law of Property Casebook for Students 9th ed (Cape Town: Juta &
Co)
• Muller G et al General Principles of South African Property Law 1st ed (Durban: LexisNexis)
• Muller G, Brits R, Pienaar J & Boggenpoel Z Silberberg and Schoeman's - The Law of Property 6th
ed (Durban: LexisNexis)
• Pope A & Du Plessis E (eds) The principles of the law of property in South Africa 2nd ed (Cape
Town: Oxford)
Time management
Module administration Example: Hours per year
Weeks per year 28
Duration of lecture period 50 min = 0.83 hrs.
Lectures per week 2 periods per week 46
Tutorials per week 2 periods per week 46
Other non-contact time per year; therefore 56
preparation and study time (h)
Writing tests and examination 12
Total hours per year 160
Warning against plagiarism

Plagiarism is a serious offence and you should familiarise yourself with the plagiarism policy of the
NWU http://library.nwu.ac.za/copyright-and-plagiarism
Please refer to the Policy on Academic Integrity which is found on the following website:
http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/i-governance-management/policy/2P-
2.4.3.2_Academic%20integrity_e.pdf
7
Study units
This is only an overview of the themes/topics with their outcomes. Activities/assessment and study
material will be available on eFundi.
1 Theme I – Introduction
Theme I deals with various preliminary topics, on completion of this study unit you should be able
to have sufficient theoretical knowledge of the background, sources and development of property
law, as well as the concepts and legal relationships being used. The effect of Roman law on the
South African law of property and the evolution of property law over time are also discussed. The
origin and legal operation of indigenous (customary) property law in South Africa forms part of this
theme. The characteristics of a ‘thing’ for purposes of property law are discussed and a distinction
is drawn between real and personal rights. After completion of this theme you will be able to apply
this knowledge to practical case studies and case law.
Unit 1 Introduction to the law of property
Textbook Chapter 1
Casebook [1] Pearly Beach Trust v Registrar of Deeds 1990 4 SA 614 (C)
Time to master unit 8 hours

After engaging with the materials and activities in this study unit you
Learning outcomes should be able to:
• Define the following terminology:

a. person;
b. object;
c. property;
d. thing;
e. right;
f. right in property;
g. lawful;
h. remedy.
• Indicate the field of study of property law;
• Discuss where property law fits into the legal system;
• Describe the sources of South African property law;
• Analyse a court case according to the prescribed method.
8
Unit 2 History of property law and Roman property law
eFundi Chapter: History of property law and Roman property law

Learning outcomes should be able to describe the effect of Roman law on the South
African law of property. You should be able to understand, describe
and discuss the evolution of property law over time.
Unit 3 Indigenous (customary) property law
eFundi Chapter: Indigenous (customary) property law
Case law Bhe and Others v Magistrate, Khayelitsha, and Others; Shibi v
Sithole and Others; South African Human Rights Commission and
Another v President Of The Republic Of South Africa And Another
2005 (1) SA 580 (CC)
Madikizela-Mandela v Executors, Estate Late Mandela and Others
2018 (4) SA 86 (SCA)

Learning outcomes should be able to understand and describe the legal operation of
indigenous (customary) property law in South Africa.
Unit 4 Things as legal objects; "Dephysicalisation" and modern

objects of property law
Textbook Chapter 2
Journal articles Erlank, W ‘Finding property in new places – property in cyber and
outer space’ (2015) 5 PER 1760
(eFundi)
Gray, K ‘Property in Thin Air’ 1991 50(2) Cambridge Law Journal
252-307

• Define a thing as a legal object.

• Distinguish between corporeal and incorporeal things with
reference to practical examples.
• Indicate which principles must be applied to distinguish between
the following categories:
 negotiable and non-negotiable things;
 singular and composite things;
 movable and immovable things;
 fungible and non-fungible things;
 consumable and non-consumable things.
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• Distinguish between things, accessory things, auxiliary things and
fruits and apply this distinction in practice.
• Apply the knowledge gained to solve real-life problem scenarios.
• Understand, describe and discuss how property law is constantly
evolving and how the fundamentals of property law can be
applied to solve new legal problems.
• Understand and discuss the concept of dephysicalization of
property.
Unit 5 Property rights, real rights and personal rights
Textbook Chapter 3
Casebook [2] Ex Parte Geldenhuys 1926 OPD
[4] Cape Explosive Works Ltd and Another v Denel (Pty) Ltd and
Others 2001 3 SA 569 (SCA)
[5] Willow Willow Waters Homeowners’ Association (Pty) Ltd v Koka

NO and Others 2015 5 SA 304 (SCA)
[6] Ethekwini Municipality v Mounthaven (Pty) Ltd 2019 4 SA 394

(CC)

• Distinguish between the different rights in property by means of

examples.
• Define a real right in terms of the doctrine of subjective rights.
• Discuss the importance of the distinction between real and
personal (creditor’s) rights in the case of corporeal immovable
property
• Distinguish between personal and real rights in terms of the
subtraction from the dominium-test.
• Name the different types of real rights.
10
2 Theme II – Ownership
Ownership can be defined as the right to control, use and protect your own property. According to
section 25 of the Constitution other forms of control and use are also protected, but ownership
remains one of the most important relationships between a legal subject and his/her property. The
content of ownership is often defined in terms of the entitlements of the owner, but it is limited by
common law principles, case law and legislation. Although ownership is the most complete real
right that a person can have over his or her thing, the right is not unrestricted. Limitations are
imposed on ownership in terms of the Constitution, statutory limitations, personal rights of third
parties, limited real rights of third parties, neighbour law principles. More than one person can be
exercising co-ownership rights to the same thing simultaneously. The relationship between the co-
owners is determined by common law principles and case law. Ownership can be acquired by
means of the original method of acquisition of ownership (no transfer of ownership) or the
derivative method of acquisition of ownership (transfer of ownership). Statutory use of land
includes sectional title schemes, shareblock schemes, time sharing schemes and housing
development schemes for retired persons. There are different remedies available to an owner to
protect his or her right of ownership, such as real remedies and delictual remedies. Ownership can
be terminated by various ways, including the death of the owner, the thing no longer exists and
termination of a legal relationship.
Unit 6 Introduction to ownership
Textbook Chapter 4
Casebook [2] Gien v Gien 1979 2 SA 1113 (T)

Learning outcomes
should be able to:
• Describe and define ownership with regard to its characteristics.

• Discuss ownership in its social context.
• Know and apply the limitations on ownership by statutory
measures, the rights of other persons and the rights of
neighbours.
• Apply the knowledge gained to solve real-life problems.
11
UNIT 7 Co-ownership
Textbook Chapter 5

Learning outcomes
should be able to:
• Describe the nature and content of co-ownership.

• Distinguish between free co-ownership and bounded common
ownership with reference to the entitlements and obligations of
co-owners,
• Reflect your knowledge on the nature of co-ownership and the
rights and duties of co- owners.
Unit 8 Statutory land use
Textbook Chapter 6
Casebook [85] Sectional Title Schemes Management Act 11 of 2008

Learning outcomes
should be able to:
• Define:
a. sectional title scheme
b. sectional title unit
c. common property
d. share block scheme
e. time-sharing
f.housing development scheme
• Explain how sectional title schemes, shareblock schemes, time-
share schemes and housing development schemes for retired
persons are established and how they function.
Unit 9 Limitations on ownership
Textbook Chapter 7
Casebook [7] Gien v Gien 1979 2 SA 1113 (T)

[10] Malherbe v Ceres Municipality 1951 4 SA 510 (A)
[11] Regal v African Superslate (Pty) Ltd 1963 1 SA 102 (A)
[12] Petropolus and Another v Dias 2020 (5) SA 63 (SCA)

[72] Prevention of Illegal Eviction from and Unlawful Occupation
of Land Act 19 of 1998
[77] Constitution of the Republic of South Africa, 1996
[78] Spatial Planning and Land Use Management Act 16 of 2013.
12
[81] Expropriation Act 63 of 1975
[84] Restitution of Land Rights Act 22 of 1994
Learning outcomes
should be able to:
• Explain how the Constitution could restrict an owner’s right of
ownership.
• Explain how statutory limitations could restrict an owner’s right of
ownership.
• Explain how personal rights of third parties could restrict an
owner’s right of ownership.
• Explain how limited real rights of third parties could restrict an
owner’s right of ownership.
• Illustrate how neighbour law principles could restrict an owner’s
right of ownership, with specific reference to:
a. nuisance
b. lateral and surface support
c. encroachments
d. interference with natural flow of water
e. elimination of danger
f. party walls and fences
13
UNIT 10 Original acquisition of ownership
Textbook Chapter 8
Casebook [14] Reck v Mills en ’n Ander 1990 1 SA 751 (A)
[16] Standard-Vacuum Refining Co of SA (Pty) Ltd v Durban City
Council 1961 2 SA 669 (A)
[73] Prescription Act 18 of 1943
[74] Prescription Act 68 of 1969

• Describe the original acquisition of ownership by the following

means:
a. occupatio
b. accessio
c. confusio et commixtio
d. specificatio
e. acquisition of fruit
f. expropriation
• Describe and explain acquisition by means of prescription, with
reference to:
a. Prescription Act 18 of 1943
b. Prescription Act 68 of 1969
c. Expropriation Act 63 of 1975
14
UNIT 11 Derivative acquisition of ownership
Textbook Chapter 9
[4] Cape Explosive Works Ltd and Another v Denel (Pty) Ltd and
Casebook Others 2001 3 SA 569 (SCA)
[24] Info Plus v Scheelke and Another 1998 3 SA 184 (SCA)
[25] Groenewald v Van der Merwe 1917 AD 233
[26] Eskom v Rollomatic Engineering (Edms) Bpk 1992 2 SA 725 (A)
[33] Quenty’s Motors (Pty) Ltd v Standard Credit Corporation Ltd
1994 3 SA 188 (A)
[75] Deeds Registries Act 47 of 1937
Journal article Erlank, W “Acquisition of property inside virtual worlds” (2013) 2 De

Jure 770.
(eFundi)

• Distinguish passing of ownership from transfer of ownership.
• Define and identify real agreement.
• Distinguish between cash and credit sales.
• Distinguish between the following forms of delivery:
a. traditio vera
b. traditio ficta
c. clavium traditio
d. traditio longa manu
e. traditio brevi manu
f. constitutum possessorium
g. attornment
• Describe the procedure of registration of immovables in terms of
the Deeds Registry Act 47 of 1937.
15
UNIT 12 Protection of ownership
Textbook Chapter 10
Casebook [31] Chetty v Naidoo 1974 3 SA 13 (A)
[32] Hendricks v Hendricks and Others 2016 1 SA 511 (SCA)
[36] Ndlovu v Ngcobo; Bekker & Another v Jika 2003 1 SA 113

(SCA)
[37] Port Elizabeth Municipality v Various Occupiers 2005 1 SA
217 (CC)
[39] Clifford v Farinha 1988 4 SA 315 (W)

• Define, discuss and apply the following actions of an owner:

a. rei vindicatio
b. actio negatoria
c. condictio furtiva
d. actio legis Aquiliae
• Describe the following limitations on the rei vindicatio:
a. relevant circumstances
b. estoppel
c. stolen money
• Apply the legal principles to solve real-life problems.
UNIT 13 Termination of ownership
Textbook Chapter 11
Time to master unit 1 hour

• Understand and explain how ownership can be terminated.

16
3 Theme III – Possession and holdership
It is imperative to understand that the term ‘possession’ can be used in different contexts. The
meaning of the term as used in the Law of Property often differs from the meaning attributed to the
term in lay-man’s language. On the one hand the word denotes that someone has physical control
over a thing. Sometimes possession is however used in a context to indicate the opposite of
ownership – it is used to denote that someone unlawfully controls a thing. A possessor is thus
regarded as a person who controls a thing as if he is the owner of the thing while he is not. He
unlawfully controls the thing and it might be because he thinks he is the owner, or thinks that he
has another right to control the thing or that he knows he is not the owner or has no right to control
the thing but do so as if he is the owner or has the right to control the thing. When the issue of
control is on the table we thus have to distinguish between lawful and unlawful control. Ownership
and lawful holdership are the terms used to denote categories of lawful control with (unlawful)
possession and unlawful holdership indicating to categories of unlawful control. Possession and
holdership are protected by various remedies, including
UNIT 14 Introduction to possession and holdership
Textbook Chapter 12
Casebook [40] Setlogelo v Setlogelo 1914 AD 221

• Be knowledgeable on the legal nature of possession and

holdership.
• Be able to differentiate between possession and holdership.
UNIT 15 Acquisition of possession and holdership
Textbook Chapter 13
Casebook [14] Reck v Mills en ’n Ander 1990 1 SA 751 (A)

• Identify the elements of possession and holdership.

• Distinguish between the physical and mental element of control.
• Define and distinguish between direct control, indirect control,
and shared control.
17
UNIT 16 Protection of possession and holdership
Textbook Chapter 14
Casebook [39] Clifford v Farinha 1988 4 SA 315 (W)
[40] Setlogelo v Setlogelo 1914 AD 221
[42] Nino Bonino v De Lange 1906 TS 120
[44] Telkom SA Ltd v Xsinet (Pty) Ltd 2003 5 SA 309 (SCA)
[47] Tswelopele Non-Profit Organisation and Others v City of

Tshwane Metropolitan Municipality and Others 2007 6 SA 511 (SCA)
[48] Eskom Holdings SOC Limited v Masinda 2019 5 SA 386 (SCA)

• Define, discuss and apply the following actions of a holder and/or
possessor:
a. declaratory order
b. interdict
c. spoliation remedy
d. possessory action
e. actio legis Aquiliae
f. condictio furtiva
g. extended enrichment action
• Describe how the availability of the spoliation remedy is affected
by land reform legislation.
UNIT 17 Termination of possession and holdership
Textbook Chapter 15

• Understand and explain how possession and holdership are

terminated.
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4 Theme IV – Limited real rights
Limited real rights are rights over another person’s thing. These rights limit the ownership of
another person’s ownership and are therefore referred to as limited real rights. There are different
categories of limited real rights. The most important limited real rights are servitudes, restrictive
conditions and real security rights. Other rights in property are rights acquired in terms of a lease
agreement, common law land-use rights and mineral rights. Servitudes are divided in two
categories, namely praedial (land/real) servitudes and personal servitudes. Real security rights are
divided in to express (conventional) and ex lege (by means of legal operation) real security rights.
UNIT 18 Introduction to limited real rights and other rights in

property
Textbook Chapter 16
Overview This study unit provides an overview of real rights in property,
specifically limited real rights. Other rights in property and customary
law rights are also briefly explained.
Learning outcomes After engaging with the materials and activities in this study unit you
should be able to:
• Define rights in property.
• Distinguish between ownership and limited real rights.
UNIT 19 Servitudes and restrictive conditions
Textbook Chapter 17
[1] Pearly Beach Trust v Registrar of Deeds 1990 4 SA 614 (C)
Casebook
[32] Hendricks v Hendricks and Others 2016 1 SA 511 (SCA)
[49A] Willoughby’s Consolidated Co Ltd v Copthall Stores Ltd
1913 AD 267
[49B] Willoughby’s Consolidated Co Ltd v Copthall Stores Ltd 1918
AD 1
[52] Grant and Another v Stonestreet and Others 1968 4 SA 1 (A)

This study unit with different servitudes, namely real and personal
Overview servitudes and restrictive conditions.
Learning outcomes After engaging with the materials and activities in this study unit you
should be able to:
• Define servitudes as limited real rights.
• Distinguish between real and personal servitudes.
• Discuss the requirements for and characteristics of real and
personal servitudes.
• Indicate how servitudes are acquired and terminated.
• Discuss the legal nature of restrictive conditions and servitudes.
19
UNIT 20 Real security rights: pledge and mortgage
Textbook Chapter 18
Casebook [55] Graf v Buechel 2003 4 SA 378 (SCA)
[63] ABSA Ltd v Moore and Another 2016 (3) SA 97 (SCA)

[66] Jaftha v Schoeman and Others; Van Rooyen v Stoltz and Others
2005 2 SA 140 (CC)
[68] Gundwana v Steko Development and Others 2011 3 SA 608

(CC)
[71] Security by Means of Movable Property Act 57 of 1993
[76] Insolvency Act 24 of 1936

This study unit deals with express real security rights, namely
Overview mortgage and pledge.
• Distinguish between real and personal security.
• Define and explain what the object of the following real security
rights are:
a. mortgage
b. pledge
• Distinguish between the different categories of mortgages.
• Discuss registration as a requirement for the vesting of a
mortgage.
• Discuss delivery as a requirement for the vesting of a pledge.
• Explain what conditions are unenforceable in the case of a
mortgage and a pledge.
20
UNIT 21 Real security rights created my law
Textbook Chapter 19
Casebook [56] Bloemfontein Municipality v Jacksons Ltd 1929 AD 266
[58] Singh v Santam Insurance Ltd 1997 1 SA 291 (A)
[61] Business Aviation Corporation (Pty) Ltd and Another v Rand
Airport Holdings (Pty) Ltd 2006 6 SA 605 (SCA)
[62] Jordaan and Others v Tshwane Metropolitan Municipality
and Others 2017 6 SA 287 (CC)
[71] Security by Means of Movable Property Act 57 of 1993
[76] Insolvency Act 24 of 1936

This study unit deals with real security rights that vests ex lege (by
Overview operation of law).
• Define and discuss the legal operation of:
a. tacit hypothec of lessor
b. tacit hypothec of credit grantor
c. judicial pledge
d. liens
• Give examples of statutory security rights.
• Distinguish between the different categories of liens.
21
UNIT 22 Other property rights
Textbook Chapter 20
Casebook [60] Genna-Wae Properties (Pty) Ltd v Medio-Tronics (Natal) (Pty)

Ltd
1995 2 SA 926 (A)
[79] Mineral and Petroleum Resources Development Act 28 of 2002
[82] Land Reform (Labour Tenants) Act 3 of 1996.

This study unit deals with the legal relationship between the landlord
Overview and tenant, common law land-use rights and mineral rights.
• Explain the legal nature of the right that a tenant acquires in terms
of:
a. short-term lease agreement of immovable property
b. long-term lease agreement of immovable property
(unregistered)
c. long-term lease agreement of immovable property (registered)
• Define the following common-law land-use rights:
a. partiarian lease
b. labour tenancy
c. leasehold
d. quitrent
• Explain what mineral rights are.
5 Theme V - Constitutional Property Law

Section 25 of the Constitution of the Republic of South Africa, 1996 are referred to as the ‘property
clause’. In terms of this section property is protected and no one may be arbitrarily deprived of their
property. Deprivation is a broad term that refers to the state’s ‘policing power’. Deprivation does not
entail the taking away of property, but a limitation on the entitlements of the owner of the property.
In the case of expropriation property is taken away from the owner and ownership vests in the
state. Expropriation is only valid if it is done in terms of a law of general application, not arbitrary
and for a public purpose or public interest. Compensation payable to the owner whose property
was taken away. Land is often expropriated to fulfil the state’s constitutional duty to address land
reform and land redistribution.
22
UNIT 23 Introduction to constitutional property law
Textbook Chapter 21
Casebook [77] Constitution of the Republic of South Africa, 1996
Learning outcomes • Determine what role the Constitution plays in private law.
• Discuss the values entrenched in the Constitution.
• Explain when the rights in chapter 2 of the Constitution can be
limited.
UNIT 23 Property rights: section 25
Textbook Chapter 22
Casebook [65] President of the Republic of South Africa and Another v

Modderklip Boerdery (Pty) Ltd (Agri SA and Others, Amici Curiae)
2005 5 SA 3 (CC)
[66] Jaftha v Schoeman and Others; Van Rooyen v Stoltz and

Others 2005 2 SA 140 (CC)
[67] City of Johannesburg Metropolitan Municipality v Blue Moonlight

Properties 39 (Pty) Ltd and Another 2012 2 SA 104 (CC)
[70] South African Diamond Producers Organisation v Minister

Minerals and Energy 2017 6 SA 331 (CC).
Learning outcomes • Describe the protection of rights in property in terms of s 25 of the

Constitution.
• Discuss measures regarding the deprivation of property in terms
of s 25(1).
• Discuss measures regarding the expropriation of property in
terms of s 25(2).
UNIT 24 Reform of property law
Textbook Chapter 22
Casebook [36] Ndlovu v Ngcobo; Bekker & Another v Jika 2003 1 SA 113
(SCA)
[37] Port Elizabeth Municipality v Various Occupiers 2005 1 SA
217 (CC)
23
[72] Prevention of Illegal Eviction from and Unlawful Occupation
[78] Spatial Planning and Land Use Management Act 16 of 2013
[82] Land Reform (Labour Tenants) Act 3 of 1996
[83] Extension of Security of Tenure Act 62 of 1997
[84] Restitution of Land Rights Act 22 of 1994
Learning outcomes • Explain what land reform is and indicate why land reform is
necessary.
• Distinguish between the three main categories of land reform.
• Discuss the purpose of the following acts:
a. Prevention of Illegal Eviction from and Unlawful Occupation
b. Spatial Planning and Land Use Management Act 16 of 2013
c. Expropriation Act 63 of 1975
d. Land Reform (Labour Tenants) Act 3 of 1996
e. Extension of Security of Tenure Act 62 of 1997
f. Restitution of Land Rights Act 22 of 1994
UNIT 25 Future of property law
Textbook Chapter 24
Casebook [37] Port Elizabeth Municipality v Various Occupiers 2005 1 SA 217

(CC)
Learning outcomes • Understand and discuss how the concept of ‘property’ developed.
• Discuss the role that the Constitution played in the development
of property law.
24

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IURI 272 EC

MOD compiled by: Prof. Wian Erlank, Prof. Mitzi Wiese,

Dit begin alles hier

Gotlhe go simolola fano

Module name Law of Property

NQR level Level 6

Prerequisites Completion of first year modules

Lecturer and contact information

Office telephone Please consult the resources section on eFundi

E-mail address Please consult the resources section on eFundi

Building and office

Consulting hours Please consult the resources section on eFundi

Additional support Please consult the resources section on eFundi

Teaching and learning in this module

Flipped classroom and SDL

On completion of this module, you should be able to demonstrate:

5. Property rights, real rights and personal

9. [7] [10] [11] [12] [77]

11. [4] [24] [25] [26] [33]

14. Introduction to possession and

15. Acquisition of possession and

16. [39] [40] [42] [44] [47]

18. Introduction to limited real rights and

19. [1] [32][49A] [49B]

25. [36] [37] [72] [78] [81]

Calculation of module mark

Final determination out of 100:

Enriching literature (not compulsory)

Warning against plagiarism

Unit 1 Introduction to the law of property

Time to master unit 8 hours

• Define the following terminology:

eFundi Chapter: History of property law and Roman property law

Time to master unit 4 hours

Unit 3 Indigenous (customary) property law

eFundi Chapter: Indigenous (customary) property law

Time to master unit 4 hours

Unit 4 Things as legal objects; "Dephysicalisation" and modern

Time to master unit 8 hours

• Define a thing as a legal object.

Unit 5 Property rights, real rights and personal rights

Casebook [2] Ex Parte Geldenhuys 1926 OPD

[5] Willow Willow Waters Homeowners’ Association (Pty) Ltd v Koka

[6] Ethekwini Municipality v Mounthaven (Pty) Ltd 2019 4 SA 394

Time to master unit 8 hours

• Distinguish between the different rights in property by means of

Unit 6 Introduction to ownership

Casebook [2] Gien v Gien 1979 2 SA 1113 (T)

Time to master unit 8 hours

• Describe and define ownership with regard to its characteristics.

Time to master unit 4 hours

• Describe the nature and content of co-ownership.

Casebook [85] Sectional Title Schemes Management Act 11 of 2008

Time to master unit 4 hours

Unit 9 Limitations on ownership

Casebook [7] Gien v Gien 1979 2 SA 1113 (T)

[12] Petropolus and Another v Dias 2020 (5) SA 63 (SCA)

Casebook [14] Reck v Mills en ’n Ander 1990 1 SA 751 (A)

[16] Standard-Vacuum Refining Co of SA (Pty) Ltd v Durban City

Council 1961 2 SA 669 (A)

[73] Prescription Act 18 of 1943

[74] Prescription Act 68 of 1969

[81] Expropriation Act 63 of 1975

Time to master unit 10 hours