PVL3701 Property Law: Comprehensive Legal Case Question Solutions

This assignment provides solutions to ten legal case questions related to property law, covering topics such as reivindicato, creditor's rights, personal servitudes, and water rights under South African law. The answers reference relevant legal principles and legislation, including the South Africa National Water Act 1998 and section 25(2) of the 1996 Constitution. The document addresses issues like ownership disputes, the rights of creditors, the nature of servitudes, and the government's power to confiscate land with compensation. It also considers scenarios involving sectional title complexes and the legal implications of repairing a vehicle without the owner's direct authorization. Desklib offers this assignment to aid students in understanding property law concepts.

Legal Case

Answers
Q.1 Reivindicato means a legal action by the plaintiff against the defendant to return the things
that belong to plaintiff. In this context, the incorrect statement regarding valid defenses against
the reivindicato is (3) because things sold at a judicial sale in execution of judgment cannot be
reclaimed back by the plaintiff as things do not remain under the ownership of plaintiff and are
regulated by judiciary.
Q.2 The wrong option is (1) because the creditor does not on the basis of right of creditor against
the debtor, the creditor acquires limited real right over the property of the debtor as security till
the payment by the debtor.
Q.3 The correct option in this case is (4) because David has no security against the money he
gave to Vincent. So, he has unsecured personal or creditor’s right against Vincent.
Q.4 The correct option in this case is (1) because Asha had no right over the property of Kagiso
and she has taken a bill which was ordinary before it was overdue and in good faith and for value
as well and it was not defected who negotiated it to her.
Q.5 In this question, (2) is the incorrect option because Kagiso is the individual owner (separate
ownership) of his section in Nzuri Gardens and Asha and Kagiso are neighbours in a sectional
title complex.
Q.6 The correct option in this question is (1) because car of Kagiso is an object constructed of
various parts and it include number of accessories as well.
Q.7 The correct option in this case is (1) because Kagiso possess the right to institute the
reivindicatio against Posh Panel Beaters because he is the owner of the car which can easily be

proved by him and the car is in existence and is identifiable and is under the control of Posh
Panel Beaters(Definitions, 2018). However, he cannot retain car but can demand for the expenses
in god faith because it is not his mistake and Phila came with the car to get it repaired.
Q.8 The personal servitude is considered as a servitude to grant rights in the property to a
specific individual and such servitudes are usually personal in nature and terminates on the death
of the servitude holder. So, the correct option is (2) which is that it is terminated by the death of
the holder.
Q.9 The incorrect option in this case is (1) because in terms and conditions of the South Africa
National Water Act 1998, the purpose was to ensure that the water resources of the country could
be protected, used, developed, conserved, managed and controlled in ways which could consider
amongst various other factors(portal.unesco.org, 1998).
Q.10 As Sandra is the owner of the land, the correct option would be (3) because the
municipality under section 25(2) of the 1996 Constitution, confiscate that piece of land and pay
Sandra reasonable compensation. The amount, time and manner of payment of compensation
must be determined by the parties or should be decided by a court.
References
Definitions, 2018. Definitions for rei vindicatio. [Online]
Available at: https://www.definitions.net/definition/rei+vindicatio
[Accessed 28 September 2018].
portal.unesco.org, 1998. South Africa National Water Act 1998. [Online]
Available at: http://portal.unesco.org/en/ev.php-

URL_ID=47385&URL_DO=DO_TOPIC&URL_SECTION=201.html
[Accessed 28 September 2018].