Assignment 1

Property Law

PVL3701

Semester 1 2024

Department of Private Law

 ASSIGNMENT 1
• This is a written assignment.
• Your mark out of 10, will count 60% towards your semester mark.
• Adhere to the length limitation for each question.
• Your assignment should only consist of one page. You do not need to include a cover
page, only your name and student number on the the top of the page is sufficient.
• Your bibliography should only include the Study Guide.
• Do not include the assignment questions in your submission.
• Only make use of your prescribed sources for this module to answer this assignment (see
Tutorial Letter 101 pages 9-11). A mark of 0% will be awarded for any answer that
contains references to sources that are not prescribed for this module.
• This is an individual assignment. If you discussed it as a group, your answers must not be
identical.
• Accept the honesty declaration for this assignment. Do not include an academic
dishonesty declaration in your assignment.
• Do not copy and paste from any source, rather type your own answer in full. In other words,
do not copy directly (or word-for-word) from any source.
• Write in your own words and base your answers on your own interpretation of the relevant
study material. Your answers should contain the most relevant information and should
clearly answer the question.
• Do not base your answers on other sources such as internet sources or artificial intelligence
software (for example ChatGPT or other paraphrasing tools). A mark of 0% will be
awarded for any suspicious answer.
• In line with the Students’ Disciplinary Code a mark of 0% may be awarded for any
contravention of the policies regarding academic dishonesty or the student disciplinary
code, alternatively, a student may be subjected to disciplinary proceedings.
• Please also take note that your answers must be submitted to Turnitin. You must accept
the Turnitin agreement (EULA). If you do not accept the agreement your answers will
not be marked and a mark of 0% will be awarded.
• Since Turnitin is utilised for this assignment, only typed answers may be submitted. Your
answers must be submitted online in PDF format. No other type of submission of your
examination answers will be accepted. E-mailed submissions will not be accepted for
marking. Scanned answers will also not be accepted.

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 Please also take note that:
• we cannot grant extension for this assignment.
• you must be sure that you submit the correct document.
• we cannot replace assignments after the closing date.
• if you submitted the wrong document, for example the assignment of another
module, you will be awarded a mark of 0%.

Before you answer the questions of this assignment, read (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. Make sure that you comply with all the policies and with all
the assignment instructions. As mentioned, DO NOT INCLUDE AN ACADEMIC DISHONESTY
DECLARATION.

Also read the 101/3/2024 tutorial letter for this module.

Now read Study Units 1-4 of the Study Guide very carefully.

While reading the Study Units, focus on the nature of the different rights that are dealt with in
this module, namely personal rights, real rights, and limited real rights (Study Unit 2). Keep in
mind that ownership is the most complete real right that a person can have regarding his or her
own thing, but the law and the rights of others can limit this right (Study Unit 2). Ownership
confers a real right on an owner. In the case of a movable thing, ownership is transferred by
means of delivery. In the case of immovable property, ownership is transferred by means of
registration in the Deeds Office. Also, limited real rights over an immovable thing are registrable
in the Deeds Office. However, personal rights are not registrable. Ownership can be acquired
in different ways, either through original means or through derivative means (Study Units 3 and
4).

Against this background consider the following set of facts:

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In June 2023, John bought a house in Sandton. At the time, he decided to install a solar system
due to the unreliable electricity provision in South Africa. He bought 20 solar panels, 4 batteries
and an inverter on credit from the “Sun Company”. The Sun Company installed the system in
July 2023. The agreement between John and the Sun Company provided that John would only
become the owner of the solar panels, the batteries and the inverter after all the instalments
were paid. It further provided that the Sun Company could remove the entire system, should
John, fall into arrears with payment of the instalments.

John decided to move to Cape Town and, before all the instalments of the solar system were
paid, he sold the house to Lindiwe. After registration of the property in Lindiwe’s name and after
Lindiwe moved in, the technicians of the Sun Company arrived at Lindiwe’s house to remove
the solar system. Lindiwe refused to allow them access to her house, but they explained to her
that John stopped paying the instalments of the solar system and that they were therefore
allowed to remove the system. Lindiwe asks her son, Nkosinathi, who is a third-year LLB student
at Unisa, for advice. Nkosinathi explained that the solar system belongs to Lindiwe because it
became part of the land by means of inaedificatio (accession by building). Nkosinathi further
explained that the South African courts apply different criteria to determine whether a movable
thing became permanently attached to land namely, the nature and purpose of the attached
thing; the manner and degree of attachment; and the intention of the person annexing the
movable or the intention of the owner of the movable. He added that these criteria have been
applied in different ways by the South African courts.

Against this background answer the following questions:

Question 1

Why is inaedificatio classified as a form of original acquisition of ownership? Fully substantiate

your answer with reference to the specific page(s) of your Study Guide that you consulted to
answer this question. Do not insert footnotes – simply refer to the relevant page(s) of the Study
Guide that you consulted in brackets after your answer. Your answer should not exceed 6 lines.
(3)

Not yet Partially

Evaluation criteria Achieved
achieved achieved
The reason why inaedificatio is an original form of
acquisition of ownership is clearly explained using 0 1 2
own words.

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 Correct reference to the relevant page number(s) of
the Study Guide in brackets. The answer does not 0 1/2 1
exceed 6 lines.

Question 2

Fully advise Lindiwe about the correctness of Nkosinathi’s advice. In your answer do not repeat
the criteria, rather focus on the interpretation of the third criterion (the subjective intention
criterion) by the Supreme Court of Appeal in Konstanz Properties (Pty) Ltd v Wm Spilhaus en
Kie (Wp) Bpk (1996 (3) SA 283 (A)). Take note that Konstanz Properties (Pty) Ltd is one of the
cases that you only need to study to the extent that it is discussed in the Study Guide. Therefore,
you must refer to the Konstanz Property (Pty) Ltd case as discussed in the Study Guide.

In your answer, evaluate the correctness of the approach of the Supreme Court of Appeal in
Konstanz Properties (Pty) Ltd considering that inaedificatio is classified as an original method
of acquisition of ownership. Substantiate your answer with reference to the specific page
number(s) in the Study Guide that you consulted to answer this question. Do not insert
footnotes – simply refer to the relevant page(s) that you consulted in brackets after your
answer. Your answer should not exceed 15 lines. (7)

Not yet Partially

Evaluation criteria Achieved
achieved achieved
A clear understanding of Lindiwe’s legal position and
the validity of Nkosinathis argument is illustrated 0 3 4
using own words.
Evaluation of correctness of the approach of the
Supreme Court of Appeal in Konstanz Properties
0 1 2
(Pty) Ltd considering that inaedificatio is classified as
an original method of acquisition of ownership.
Correct reference to the relevant page number(s) of
the Study guide in brackets. The answer does not 0 0,5 1
exceed 15 lines.

Assignment total: [10]