UNIVERSITY EXAMINATIONS

Oct/Nov 2024
PVL3701
Property Law
28 October 2024
08:00-12:00 (4 Hours)
100 Marks
First examiner: Prof IM Knobel
Mr LM Kutu
Prof L Kiewitz
Second examiner: Prof LR Ngwenyama
External examiner: Dr T Gama-Kotzé

This paper consists of eleven (11) pages.

This is an open-book examination

Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. You have not allowed and will not allow anyone to copy your work with the
intention of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
INSTRUCTIONS FOR A TAKE-HOME EXAM
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks. The duration of the
examination is from 08:00 – 12:00 (4 hours). In addition to the duration of
the examination indicated on the timetable, you are given 30 minutes to
FINALISE the uploading of your exam file. Your exam file must therefore
be uploaded via the myExams platform on 28 October 2024 BEFORE
12:30 (South African Standard Time).

NOTE: The time on the myExams platform corresponds with the FINAL upload
time. This INCLUDES the extra 30 min. In other words, you must upload
your script before 12:30.

There is no contingency link for this examination. You MUST upload on the myExams
platform.
2. This examination consists of five (5) questions. Answer ALL the questions
and fully substantiate with reference to your Study Guide, case law and
legislation where applicable.
3. Strictly adhere to the indication regarding the number of lines that each
answer should consist of. You will be penalised if you do not adhere to

Open Rubric
 this instruction. Your answers may be shorter than the number of lines
indicated for each question.
4. Please do not include the questions and evaluation criteria in your
submitted answers. Number your answers correctly and
chronologically.
5. Although this is an open-book examination, you are not allowed to consult
another person, while the examination is in progress. You may only consult
the prescribed material for this module. This includes the Study Guide, and
the prescribed cases mentioned in the 101/3/2024 tutorial letter, which are
available in the e-reserves of the library.
6. You must tick the Declaration of Academic Dishonesty. Make sure you
understand what academic dishonesty entails and are aware of Unisa’s
policies in this regard. By ticking the declaration, you declare that you have
read, and that you are adhering to (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. By ticking the declaration, you also declare that you
understand the implications of not adhering to the abovementioned policies.
Do not include a Declaration of Academic Dishonesty in your submitted
answers.
7. Your answers must be typed in Arial 12pt and submitted online in PDF
format. Create a file in Microsoft Word and save the file as an Adobe PDF
document. No other type of submission of your examination answers will
be accepted. Neither scanned typed answer files nor handwritten scripts will
be accepted.
8. E-mailed submissions or scripts from the Invigilator App will not be accepted
for marking.
9. In line with the examination rules, a 0% mark will be allocated for
- answers that are not typed, or
- answers that are not typed in Arial 12 pt, or
- answers that are scanned or not readable or searchable, or
- incorrect examination files submitted, or
- answers with manipulated text; or
- examination files that are password-protected.
10. Please note that the Invigilator App will apply during the examination. You
must use the Invigilator App for this examination. You must scan the QR code
below between 7:45 and 8:30 (SAST). If you experience any technical
challenges with the app between these times, send a WhatsApp message
to the technical helpdesk on 073 505 8273. Do not contact the lecturers.
Listening to audio (music) and making use of audio-to-text software is strictly
prohibited during your examination session unless such usage of the
software is related to a student’s assistive device that has been so declared.
Failure to do so will be a transgression of Unisa’s examination rules and the
student's marks will be withheld.

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 11. Please also take note that your answers will be submitted to Turnitin. You
must accept the Turnitin agreement (EULA). If you do not accept the
agreement, your answers will not be marked.
12. For all other exam-related challenges, you may contact the SCSC on 080
000 1870 or e-mail Examenquiries@unisa.ac.za or refer to Get-Help for the
list of additional contact numbers.

GUIDELINES AND RULES FOR ANSWERING QUESTIONS:

• Answer all the questions below.
• Answering questions: Fully motivate your answers with reference to the most
relevant legal principles contained in the Study Guide, case law and legislation and
clearly answer the question. You will be assessed on your own level of
understanding and interpretation of the relevant legal principles and material by
looking at how well you applied the most relevant material to answer the questions.
The arguments that you make must be logical, well-structured, and substantiated
by relevant legal principles.
• Style: Type your own answer in accordance with the style guidelines set out in the
instructions above.

• Time management: Use the time given wisely. Use the estimated time
allocated below for each question as a guideline. You should also be guided
by the mark allocation.

• Referencing: As this is an open-book examination, all your answers must contain

references to the relevant page numbers of your Study Guide that you consulted
to answer the questions. If you consulted a court decision to answer a specific
question, your answer must contain a reference to the name of the court decision
as well as a reference to the specific paragraph that you consulted. Do not insert
footnotes. No mark will be allocated to any content in the footnotes. Instead,
include all references in brackets following each answer. Do not include a
bibliography anywhere on your script.
• Plagiarism: No mark will be allocated for any content directly copied from the
Study Guide or prescribed case law. Further, no mark will be allocated for
content copied from internet sources or artificial intelligence software such
as ChatGPT. Lastly, no mark will be allocated for manipulated content in an
answer script. We strongly advise against copying directly (or word-for-word)
from any source, whether it is prescribed or not. Use your study guide and
the prescribed case law to answer questions in your own words. Do not make
use of any internet sources, online paraphrasing tools, or artificial intelligence
software such as ChatGPT.
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 Students suspected of dishonest conduct during the examinations will be subjected
to disciplinary processes. Students may not communicate with other students, or
any other person, or request assistance from other students, or any other person,
during examinations. The use of Telegram, WhatsApp or any other instant
messaging services with any other person (except when asking for technical
assistance via official channels of the SCSC or the Invigilator WhatsApp line) are
strictly prohibited. Plagiarism is a violation of academic integrity, and students who
plagiarise or copy verbatim from published work or from another person or student’s
answers, will be in violation of the Policy on Academic Integrity and the Student
Disciplinary Code and may be referred to disciplinary hearing. Unisa has a zero
tolerance for plagiarism and/or any other forms of academic dishonesty.

EXAMINATION QUESTIONS:

Question 1 [46 Marks; ±100 Minutes]

Thabo purchased a BMW from his grandfather, Steve, in terms of an instalment sale
agreement for an amount of R150 000. So far, he has paid R100 000 of the purchase
price. He is left with 5 instalments of R10 000 each. As soon as he pays the last
instalment, he will become the owner of the vehicle.

Thabo also owns a townhouse in Pretoria. There is a mortgage bond registered in favour
of Jacaranda Bank for a loan that Thabo secured when he purchased the townhouse. To
repay the loan, Thabo makes monthly payments to Jacaranda Bank. Thabo’s friend,
Mpho, has been renting a room in his townhouse since June 2024. They signed a one-
year lease agreement.

Thabo has been interested in immigrating to the United Kingdom for years. During
September 2024, Thabo accepted a job offer in London. The immigration process was
finalised swiftly and Thabo, being rushed to take up the job opportunity, left all his
belongings behind. Thabo and Mpho agreed that Mpho could continue to stay on in the
townhouse in terms of the lease agreement. Thabo also requested Mpho to drive a short
distance with the BMW now and then to prevent the battery of the BMW from going flat.

While on holiday in the Western Cape during October 2024, Steve saw Mpho driving
around in the BMW. Steve later noticed that the BMW was involved in an accident while
Mpho was driving it. He tried to get hold of Thabo without success. Steve finally gets hold
of his grandson. He informs Thabo that he should not be concerned about anything.
However, Thabo books the first available flight back to South Africa. Against this
background, answer the following questions:

1.1 Briefly describe the nature of the real relationship as well as the nature of the
right that Mpho has in relation to the townhouse. [8]
[Your answer should not exceed 10 lines.]

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 Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Nature of Mpho’s real relationship in relation to
1 2 3
the townhouse correctly described.
Correct reference(s) to the relevant prescribed
material in brackets following the discussion of N/A N/A 1
the nature of the real relationship.
Nature of Mpho’s right in relation to the
1 2 3
townhouse correctly described.
Correct reference(s) to the relevant prescribed
material in brackets following the discussion of
N/A N/A 1
the nature of Mpho’s right in relation to the
townhouse.

1.2 Briefly describe the nature of the rights that Thabo and Steve respectively have in
relation to the BMW. [7]
[Your answer should not exceed 10 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Nature of Thabo’s right in relation to the BMW
1 2 3
correctly described.
Nature of Steve’s right in relation to the BMW
1 2 3
correctly described.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer.

1.3 Briefly describe the nature of the right that Jacaranda Bank holds over the
townhouse. In your answer, briefly explain the advantages for the Jacaranda Bank
of holding this type of right. [9]
[Your answer should not exceed 10 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Nature of the Jacaranda Bank’s right in relation
0 1 2
to the Townhouse correctly described.
Advantages of this type of right correctly
1-2 3-4 6
described.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer.

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1.4 Thabo is sad about the BMW. Unfortunately, there is no insurance policy over the
BMW. He takes the vehicle to a panel beater for a quotation to have the car
repaired. The panel beater informs him that it will cost around R25 000 to do the
repairs. Thabo and Steve ask for your advice about their legal position and
specifically, what the best remedy would be to recover the R25 000 for the repairs
from Mpho. Briefly advise them. In your answer, specifically indicate whether
Thabo or Steve should institute the remedy. Also, take note that you do not have
to mention/apply the requirements of this remedy, and you do not have to evaluate
the chances of success with the remedy. [10]
[Your answer should not exceed 20 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Advice on most appropriate legal remedy under
the circumstances and whether Thabo or Steve 1-2 4 9
should institute the remedy.
Correct reference to the relevant prescribed
N/A N/A 1
material in brackets following answer.

1.5 A few days after Thabo arrived back from London, Thabo and Mpho had a heated
exchange of words at the townhouse. Mpho took her handbag and left the
townhouse to go shopping. She drove away in her own car. Later that evening
upon her return she tried, without success, to open the garage door with her
remote control. When she tried to unlock the front door, she realised that Thabo
changed the electronic code of the garage door. Thabo also changed the locks of
the townhouse.

Mpho asks for your advice about the validity of Thabo’s actions. Mpho wants to
stay on in the townhouse. Advise her on the most appropriate remedy available to
her under these circumstances. Also, advise her about her chances of success
with this remedy. In your answer, set out the requirements for this remedy and
apply them to Mpho’s circumstances. [12]
[Your answer should not exceed 20 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Appropriate advice regarding the validity of
1 2 5
Thabo’s actions provided.
Appropriate advice regarding the most suitable
remedy available to Mpho and her chances of 1 3-4 6
success with this remedy provided.
Correct reference to the relevant prescribed N/A N/A 1
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 material in brackets following answer.
Question 1 total: [46]

Question 2 [6 Marks; ± 15 Minutes]

Naomi owns Unit 24 in the Sea View Sectional Scheme in Durban. She entered into a
lease agreement with Muzi from 30 September 2022 to 31 December 2026. Naomi retired
from her employment and relocated to Hazyview in Nelspruit. She sold her sectional title
unit to Pule, and the transfer was registered on 31 May 2024. After the registration of the
transfer, Muzi regularly defaults on rental payments and has the tendency to damage
the unit. Pule believes he is not bound by the lease agreement between Naomi and
Muzi and intends to evict Muzi.

Briefly advise Pule on Muzi’s legal position regarding the existing lease agreement. [6]
[Your answer should not exceed 10 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered with appropriate
0 3 5
reasons.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer.
Question 2 total: [6]
Question 3 [13 Marks; ± 30 Minutes]

Sarah, Emily, and David inherit a vacation home from their late mother. The property is
located in a coastal town. Their mother’s will specified that all three siblings would
become co-owners of the house, each with an equal undivided share (⅓ each). The
property was eventually registered in their names. Sarah regularly uses the property and
pays for its upkeep. As a result, she believes she is entitled to have a greater say in its
use, management and financial decisions pertaining to the property. Emily is frustrated
that she cannot access the property regularly and feels that it is unfair to continue owning
a share when she cannot benefit from it. She wants to sell her share in the property.

David is unwilling to sell his share of the property as it holds sentimental value and wants
to buy Emily’s share of the property. However, he is also unwilling to pay the purchase
price to Emily for her share in the property. Emily decides to sell her share to a third party,
Ben. However, David is concerned about the impact that an outside buyer might have on
their co-ownership arrangements. Sarah is also concerned about the potential impact of
another owner on her continued use of the house. Against this background, answer the
following questions:

3.1 Identify the specific nature of Sarah, Emily and David's rights over the property [3]
[Your answer should not exceed 2 lines.]

7
 Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered and motivated. 0 1 2
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer.

3.2 Can Emily unilaterally sell her undivided share to Ben? [4]
[Your answer should not exceed 10 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered and motivated. 0 1 3
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer.

3.3 Sarah, David and Ben cannot decide how to use and enjoy the property. Briefly
advise them on possible options to resolve their dispute. [6]
[Your answer should not exceed 15 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered and motivated. 0 2 5
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer.

Question 3 total: [13]

Question 4 [16 Marks; ± 40 Minutes]

Adrian owns a large piece of rural land used for farming. Benji, who owns a neighbouring
property, uses a road running through Adrian’s land to access the highway. Benji has
been using this road for several years in terms of a contractual agreement with Adrian.
This agreement was eventually registered in favour of Benji. A few years later, Benji got
married to Anna. Unfortunately, Benji fell ill and passed away. After Benji’s death, Adrian
decided to close the road and put up a fence preventing Anna from accessing the
highway.

Later, Anna negotiates with Adrian for a right to use the road over Adrian’s land. Adrian
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agrees. However, before the right to use the road was registered, Adrian sold his farm to
his brother, John, who was aware of the agreement between Adrian and Anna. John
keeps the fence on his property, preventing Anna from accessing the highway. Anna is
upset and insists she should be allowed to have a right to use the road. Against this
background, answer the following questions:

4.1 Identify the and briefly explain the nature of the rights that Benji had regarding the
road before and after registration of the agreement. In your answer also indicate
whether Adrian acted unlawfully when he closed the gate after Benji passed away.
Briefly motivate your answer. [10]
[Your answer should not exceed 20 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Nature of Benji’s right before registration
1 2 4
correctly identified and briefly motivated.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer
Nature of Benji’s right after registration correctly
identified and briefly motivated. The validity of
1 2-3 4
Adrian’s actions also dealt with briefly in view of
this.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer.

4.2 Anna consults with you and seeks legal advice on whether she can enforce her right
to use the road over John’s land. Briefly advise Anna. [6]
[Your answer should not exceed 10 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Anna’s legal position regarding the enforcement
1 2 5
of her right correctly discussed.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following answer.
Question 4 total: [16]
Question 5 [19 Marks; ± 45 Minutes]

Tony owns two farms in the Hartbeespoort area. One of his farms, “Two Valleys”, is a
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popular shopping mall called “The Water Crossing”, located near the dam on the farm.
The mall has many shops and office blocks that offer a beautiful view of the dam and the
surrounding mountains. The Mogale Community has lodged a land claim with the South
African government against Tony’s Two Valleys farm within the prescribed period.

Tony’s other farm, “Misty Seasons”, is a large property about 10 kilometres from The
Water Crossing. There is a hiking trail on Misty Seasons that attracts many hikers. Tony
decides to sell Misty Seasons. Dineo purchases Misty Seasons from Tony with a plan to
build upmarket residential houses on the land.

Soon after Misty Seasons is registered in Dineo’s name, she receives a notification that
Misty Seasons has been declared as an environmentally protected area in terms of The
National Environmental Management: Protected Areas Act 57 of 2003, which prohibits
the development of residential or business buildings on the land.

Due to landlessness in the Hartbeespoort area, a few families started to occupy a part of
Misty Seasons and constructed structures as their homes. Dineo was unaware of this
and did not give consent to the families. Against this background, answer the following
questions:

5.1 With reference to applicable legislation, briefly discuss the Mogale Community’s
prospects of success with their claim for restoration of Two Valleys. In your answer
also consider other alternatives should restoration not be desirable. [5]
[Your answer should not exceed 10 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered with appropriate
0 2 4
reasons.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following the answer.

5.2 Briefly explain how the National Environmental Management: Protected Areas Act
57 of 2003 Act affects Dineo’s ownership of Misty Seasons and the implication of
this, if any. [6]
[Your answer should not exceed 10 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered with appropriate
0 3 5
reasons.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following the answer.

10
5.3 Even though Dineo feels sorry for the families, she requests your advice on how
she could go about removing them from Misty Season. Briefly advise her. [8]
[Your answer should not exceed 15 lines.]

Not
achieved Partially
Evaluation criteria Achieved
(vague achieved
answer)
Question correctly answered with appropriate
0 3 7
reasons.
Correct reference(s) to the relevant prescribed
N/A N/A 1
material in brackets following the answer.
Question 5 total: [19]
Paper total: [100]

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