Self study questions.pdf - PROPERTY 2017(2(HC SELF STUDY...

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Unformatted text preview: PROPERTY 2017(2) (HC) SELF STUDY QUESTIONS IN PREPARATION FOR MRS PARKER’S PORTION OF THE TESTS TO BE HELD ON 01/09/15 SEPTEMBER 2017. I HAVE INDICATED NEXT TO EACH QUESTION THE LIKELY AMOUNT OF TIME YOU WOULD RECEIVE FOR A SIMILAR TYPE OF QUESTION IN A TEST OR EXAMINATION. QUESTION ONE (30 minutes) In this scenario, Andile and Nadia (his sister) own adjoining pieces of farm land. Andile’s farm (which he inherited from their father) is very successful and profitable whereas Nadia’s farm (which she also inherited from their father) is poor and struggling. Nadia’s farm does not have access to a public road. Andile has told Nadia that she can cross over his land to gain access to Main Road. Andile has told Nadia that she and her family can use the beautiful picnic spot on his land at any time. In terms of their father’s will, Andile has to pay Nadia R5000 each month to compensate for the difference in the value of the farms. M Cc D Andile Nadia A I PATH N C SCENARIO ONE: ANDILE SELLS HIS LAND TO C 1. Will Nadia have the right to cross over C’s land? 2. Will Nadia have the right to access the picnic spot on C’s land? 3. Will C have to pay Nadia R5000 per month? SCENARIO TWO: NADIA SELLS HER LAND TO D 1. Will D have the right to cross over Andile’s land? 2. Will D have the right to use the picnic spot on Andile’s land? 3. Will Andile have to pay D R5000 per month? QUESTION TWO (15 minutes) List and explain the five functions of the law of property. QUESTION THREE (15 minutes) List and explain the five characteristics of property. QUESTION FOUR (15 minutes) List and discuss five ways in which property can be classified according to its nature. Give an example in each case and explain the reason for this classification. QUESTION FIVE (15 minutes) Discuss the classification of property according to its role in commerce/relationship with people. Give an example in each case. QUESTION SIX (15 minutes) List and explain three ways in which co‐ownership can come about. Indicate the main differences between these three. QUESTION SEVEN (15 minutes) Explain, with examples, the difference between original and derivative acquisition of ownership. QUESTION EIGHT (15 minutes) One evening as Shaakira is leaving Varsity, she notices something shiny lying on the pavement. She bends down to pick it up and sees that it appears to be a diamond ring. While she is looking at the ring a kitten comes up to her – the kitten appears to be hungry. Her lift arrives and so she takes both the ring and the kitten home. Later that evenings she phones you for advice – wanting to know whether she has become owner of both the ring and the kitten. Advise her fully as to the law of occupatio. QUESTION NINE (15 minutes) Garan, a prominent businessman, approaches you, his attorney, for advice in respect of the following query: He intends on embarking on a game farming enterprise. This new venture will entail purchasing and keeping wild animals on a large farm on the KwaZulu‐Natal south coast. The wild animals would be left to roam freely within a large enclosure. Advise Garan on the law pertaining to the keeping of wild animals, especially in the event that the animals stray onto neighbouring farms. QUESTION TEN (15 minutes) Explain whether Jack can become the owner by means of occupatio in the following scenarios: a) His neighbour, Thandeka's, kudu that has jumped the fence and is now grazing on his farm. b) The trout he caught while fishing on the river bank of Thandeka's farm. c) Thandeka's old fridge that she has dumped on the rubbish heap. d) Thandeka's RayBan sunglasses that she forgot in Jack's car. e) Thandeka's cat that visits Jack's house every night because he gives the cat a bowl of milk. QUESTION ELEVEN (30 minutes) Whitney has bought a garden shed from “Gardens R Us”. The sale is a credit sale and in terms of the contract “Gardens R Us” has reserved ownership until such time as Whitney has paid in full. Whitney gives the money to her boyfriend Jivesh and asks him to pay the money to “Gardens R Us”. Unbeknown to Whitney, Jivesh keeps the money for himself. Whitney has dug a deep foundation and placed the shed in a 30 cm base of concrete in her garden. She has also installed electricity in the shed. Whitney has entered into a contract of sale for her property (land and house) with Siphe. Siphe has heard that Whitney is planning on removing the shed as she believes she is the owner of the shed, but Siphe believes that the shed is part of the immovable property and so it will belong to him when the transfer of ownership in the property is registered. “Gardens R Us” has also heard about this and is concerned as, as far as it is aware, the shed still belongs to it as it has not been paid by Whitney. Advise Whitney, Siphe and “Gardens R Us” on the relevant law of accessio. Consider whether or not the shed has acceded to the land and determine who owns of the shed. Discuss cases where applicable. QUESTION TWELVE (30 minutes) Ben, a businessman and owner of a local supermarket decides to sell his supermarket business to David. The business has been suffering due to the opening of a large mall in the area. Both David and Ben are eager for a quick sale. Ben is eager to get rid of the financial burdens that came with the business. David is eager to take over the business as he feels he can turn the dwindling business into a thriving local supermarket. In terms of the sale agreement, the purchaser (David) is entitled to all immovable property. However, due to the urgent nature of the sale, the agreement did not specify what items are categorised as immovable property. After transfer was effected, David takes occupation and prepares to start operating the business. However, a few days later Ben pops by with a truck and states that he is there to take all movables belonging to him. A heated dispute soon ensues and Ben is refused entry onto the business premises as David feels he is entitled to a functioning working supermarket in terms of the sale agreement. Ben approaches you for advice in respect of the following items; advise Ben on all his obligations and rights in terms of the governing principles of accessio. a. Two large refrigerators; these are connected to the electricity supply and are used in the ‘frozen food’ section to store and display various types of food. b. 100 steel trolleys. c. 20 steel shelves which are bolted to the walls; these can be removed with ease. d. 3 large bins;these have wheels and can be pushed around with ease. QUESTION THIRTEEN (30 minutes) Kwazi and Nicole are neighbouring farmers. In May 1981 Nicole gives Kwazi permission to use a large field, on the farm owned by Nicole, for cattle grazing as Nicole does not need the land. In 1986 Nicole sells the farm to Darshan. Darshan finds out about the field that Kwazi is using and decides that he wants the field back and writes to Kwazi in 1986 and informs him that he (Kwazi) no longer has permission to use the field. Kwazi however continues to use the field to graze his cattle. Kwazi fertilizes the land and ensures that good grazing is available on the land for his cattle. Darshan becomes very involved in his new business and takes no further action. In 2000 Darshan dies. He has no children and the farm is inherited by his niece Viantha. Kwazi approaches you for advice in March this year (2017) as he has heard that he might have become owner of the land either in 2011 (30 years after he started using the land) or last year (2016) being 30 years after Darshan became the owner. Advise Kwazi as to the applicable law ensuring that you discuss the requirements for prescription and indicating whether they have been satisfied in this scenario. QUESTION FOURTEEN (30 minutes) In 1995 X, 21 years old at the time, stole a diamond ring from Galaxy Jewellers in Westville where she was working as a temporary sales assistant. The following year her parents moved to Cape Town and she went with them and started studying at UCT, where she later qualified as an attorney, married and had a son and a daughter. Whenever she goes out to fancy occasions she wears the ring and often receives compliments. Her daughter also loves the ring, which she believes is a family heirloom passed down from X’s great‐grandmother. X would like to give the ring to her daughter on her 18th birthday, which will be in 2026. Explain who currently owns the ring and who will be the owner of the ring in 2026. ...
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