Law of Property Test Discussion (May 2024) (1).pptx

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1. LPY41Y0 – Law of Property Test discussion 17 Apr 2024

2. Test 1 Date: 03 May 2024 2. Time: 13:50 – 15:20 Venue: DLAB Basement K03 Scope: Modules / study units 1 – 6 Format: Question 1 (20 marks), question 2 (10 marks), question 3 (10 marks)

3. STUDY UNIT 1 INTRODUCTION AND SOURCES OF PROPERTY LAW Identify the different sources which govern property law; Discuss the scope and content of property law and its place in the legal system; and Appraise the two subsidiarity principles and employ them to determine which legal source is the most appropriate source in a factual scenario.

4. STUDY UNIT 2 CONSTITUTIONAL PROPERTY LAW Appraise the requirements in section 25(1) of the Constitution and use them to determine the constitutionality of a depriving law, with specific emphasis on the non-arbitrariness requirement; Explain the formal requirements for expropriation in section 25(2) of the Constitution and apply them to factual scenarios; Very Important! (Tutorials) First National Bank of SA Ltd t/a Wesbank v Commissioner for the South African Revenue Services and others 2002 (4) SA 768 (CC) Nhlabathi and others v Fick [2003] 2 All SA 323 (LCC)

5. STUDY UNIT 3 LAND REFORM For this Study Unit - See: JG Horn, IM Knobel & M Wiese Introduction to the law of property (8 th ed 2021) pages 393-402, 404-410 (An electronic copy of the chapter is available under the “Module 3” tab on Moodle. Describe each of the three “pillars” of land reform, their aims, the legislation connected to each “pillar”, and distinguish between the “pillars” in factual scenarios; Appraise the requirements for the restitution programme and apply them to a factual scenario; and Analyse the tenure security programme requirements for occupiers to bury deceased members of their family on farmland and apply them to a factual scenario. Very Important! • Department of Land Affairs, Popela Community and others v Goedgelegen Tropical Fruits (Pty) Ltd 2007 (6) SA 199 (CC) • Nhlabathi and others v Fick [2003] 2 All SA 323 (LCC)

6. STUDY UNIT 4 BASIC PRINCIPLES, CONCEPTS, AND CLASSIFICATION OF PROPERTY Appraise the five characteristics of “things” and apply them to factual scenarios, with specific emphasis on the corporeality requirement; Distinguish between negotiable and non-negotiable things, singular and composite things, movable and immovable things and apply their principles to factual scenarios; and Differentiate between the different parts of a composite thing and apply the tests courts developed to establish which part of a composite thing is the principal thing. Very Important! (Tutorial) • Khan v Minister of Law and Order 1991 (3) SA 439 (T)

7. STUDY UNIT 5 OWNERSHIP, CO-OWNERSHIP, AND STATUTORY LAND USE Define ownership; Illustrate the entitlements of ownership and employ them in a factual scenario;\ Describe the principles of individual title and co-ownership, common law co-ownership and statutory co-ownership, free co-ownership and bound co-ownership, the undivided co-ownership share, and commonly owned property, and apply them to a factual scenario; Restate the rights, duties, and remedies of co-owners and apply them to a factual scenario; Very Important! (Case Law): • Gien v Gien 1979 (2) SA 1113 (T) • Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC)

8. STUDY UNIT 6 NEIGHBOUR LAW Recall the purpose of neighbour law; Differentiate nuisance in the narrow sense from nuisance in the wide sense; Appraise the factors under the reasonableness criterion for nuisance in the narrow sense and use them to determine the lawfulness of annoying conduct in a factual scenario; Criticise how the reasonableness criterion was applied in the two Ellaurie decisions; and Evaluate how the reasonableness criterion applies in nuisance in the wide sense cases, indicate how its application differs from nuisance in the narrow sense cases, and use it to solve a factual problem. Very Important! (Case Law): Gien v Gien 1979 (2) SA 1113 (T) Ellaurie v Madrasah Taleemuddeen Islamic Institute and Another 2021 (2) SA 163 (KZD) Madrasah Taleemuddeen Islamic Institute v Chandra Giri Ellaurie and Another (755/2021) [2022] ZASCA 160 (24 November 2022) Allaclas Investments (Pty) Ltd and Another v Milnerton Golf Club and Others 2008 (3) SA 134 (SCA)

9. Good luck with Test 1! I wish you all the best!