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PROP 2541 [LAW OF PROPERTY]

17 FEBRUARY 2016

REVISION QUESTIONS

1.

Briefly explain and criticize the different theories which are applied to determine whether a
specific right is a real right or a creditors right.
[6]

2.

How is the subtraction from the dominium test formulated in Ex Parte Geldenhuys 1926 OPD
155?
[5]
Guideline answer:

3.

One has to look not so much to the right, but to the correlative obligation.
If that obligation is a burden upon the land, a subtraction from the
dominium, the corresponding right is real and registrable; if it is not such
an obligation, but merely an obligation binding on some person or other,
the corresponding right is a personal right, or right in personam, and it
cannot as a rule not be registered.

Briefly discuss the difference between ownership and limited real rights.
Guideline answer:

[4]

The difference between ownership and limited real rights lies in the fact
that ownership is a real right over ones own thing, whereas limited real
right are real rights to another persons thing. Furthermore, ownership is
the most comprehensive real right a person can have to a thing, whereas
limited real rights are fundamentally limited in scope.

4.

Name the entitlements of ownership.

[5]

5.

Name any two statutory limitations on ownership.

[2]

6.

X and Y are seriously affected by baboons that destroy their maize plants. X installs an apparatus
to chase away the baboons on the boundary with his neighbor. The apparatus makes loud noises
at regular intervals during the day and the night. The neighbor writes to X and Y to complain about
the noise during the night, but X ignores the letter and refuses to speak to his neighbour on the
telephone. X and his neighbor are not on speaking terms because his neighbour seriously insulted
him a few years ago. The neighbour applies for an interdict ordering X and Y to stop the noise. X
and Y rely on their ownership of the farm. They argue that they are entitled to do as they please
on their property. Will this argument succeed?
[10]
Guideline answer:

REVISION QUESTIONS PRO2541 20160217

Refer to Gien v Gien. Begin your answer with the definition of ownership.
In Gien v Gien the court held that ownership is the most comprehensive
real right a person can have with regard to a thing. In principle , a person
can act upon and deal with his thing as he pleases, but this apparent
freedom is restricted, by the law and the rights of others. Here we are
dealing with an infringement of a personality right caused by the noise,

and the remedy used her is the interdict. The rights of the two owners
should be weighed against each other. Both neighbours should act
reasonably. This is an objective test. One must exercise his ownership
rights in a reasonable manner and the other party must endure this
exercise in a reasonable manner. The applicant must prove all the
requirements for an interdict.
7.

Define appropriation.

[3]

8.

What are the requirements for a successful reliance on acquisition of ownership by means of
appropriation?
[3]

9.

Define sowing and planting

10.

X plants potatoes on land that he leases from Z. Before he can reap the crop, the term of the lease
expires and Z does not renew the lease. The lease agreement does not refer to ownership of the
crop. When the crop were ready for harvesting, Z refuses X the permission to harvest the crops
claiming that the crops belong to him. Will Z succeed with this argument?

[3]

Refer to Gore NO v Parvatas 1992 3 SA 363 (C)


11.

Define accession.

[3]

12.

Define building

[3]

13.

Name the criteria which are applied to determine whether a movable thing has become part of
an immovable thing through building.
[6]

14.

S builds a house made of corrugated iron for his herdsman. He screws the corrugated iron to a
concrete foundation on the farm of his parents, X and Y. After the lease has expired S wants to
remove the house. X warns him that he cannot do that because this would amount to theft. X and
Y argue that they have become the owners of the corrugated house by accession. Will this
argument hold. Discuss.
[6]

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REVISION QUESTIONS PRO2541 20160217