Property Law: Ownership, Transfer, and Remedies

Running head: PROPERTY LAW
PROPERTY LAW
Name of the Student
Name of the University
Author Note

1PROPERTY LAW
Question 1
In light of the given set of facts and circumstances the rights of the parties which can be
determined through the relationship they share with the property is set out as follows:
a) Owner: In this situation Tammy is the only owner of the property as set out by the
facts. This is because she inherited the car from her grandmother and this means
that all rights of ownership, title and possession would flow to her when she
inherited the car.
b) Possessor: In these circumstances Tom is a possessor as he stole the vehicle from
a parking lot. Thus no rights of ownership or possession passed to him and he was
illegally in possession of the property.
c) Holder: A holder of a particular piece of movable property is someone who is
temporarily holding the property for another person. In these circumstances, John
is a holder as he is holding the property (the car) he borrowed from his mother. In
such a case there is no transfer of ownership or title and merely a temporary
transfer of possession takes place.
Question 2
Under the laws of South Africa, ownership can be transferred through two different
modes. The original mode and derivative mode are two categories of transfer of ownership and
title. Expropriation refers to a method of liquidation of property subsequent to valuation
(McAuslan 2013). This would be considered an original mode of transfer of ownership as the
ownership would be directly transferred to the buying parties in case of the liquidation process