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LPRO3723 - 24 - Written Assignment - Fin

Law of property

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13 views

LPRO3723 - 24 - Written Assignment - Fin

Law of property

Uploaded by

welmarvdm18
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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LPRO 3723

Due date: 14 October 2024 at 16h00

WRITTEN ASSIGNMENT
Guidelines for the assignment:
 Cover page: Please include a cover page but omit a table of contents. On your
cover page, include a concise but informative title.
 Declaration of own work: Include a declaration on the cover page that indicates
your work is your own. Those assignments that do not adhere to this
requirement will not be marked.
 Formatting: Maintain usual formatting of legal documents: 1,5-line spacing,
justified paragraphs, 12 Arial font typing. Please use the numbering of questions
as indicated in the assignment. No memes and no images.
 Referencing: All legal research is always referenced. Include footnotes as
source citations throughout, and stick to the format of the JJS (see reference
guide on blackboard) Include a bibliography, and include all cases and statutes
that you have used in your research.
 Sources: Please consult textbooks, academic journal articles, legislation and
case law in addition to the textbook and casebook. Avoid low quality and
newspaper sources, blogs and –pedia pages.
 Length of assignment: Your research should be between 1000 -1250 words
(excluding cover page and bibliography page).
 Submission: On the Turnitin Dropbox created for this assignment.
 Assessment: Marks will be awarded as indicated in each question based on
identification of correct legal position, quality of sources used; quality of source
integration; quality of writing.
 Artificial intelligence/Paraphrasing bots: No student may use any text
generated using AI language models or any paraphrasing programmes
e.g. ChatGPT etc.

ANSWER ALL OF THE FOLLOWING QUESTIONS IN ESSAY FORMAT

1
NUMBER EACH QUESTION CLEARLY

QUESTION 1:

Mr Moshoke has recently bought a dairy farm in the Karoo. He was surprised to see his
neighbour, Mr Smith, driving over a portion of his farm on an almost daily basis. Mr
Smith informed Mr Moshoke that he had a servitude which entitled him to drive over that
portion of Mr Moshoke’s land. Mr Moshoke does not want the neighbour to drive over
that portion of his land, because he plans to plant maize on that portion of land. Mr
Moshoke is unsure about the legality of Mr Smith’s behaviour and approaches you, as
his attorney, to advise him.

3.1 Explain to Mr Moshoke the meaning of servitude, and clearly set out the
differences between real and personal servitudes. (7)

3.2. Explain to Mr Moshoke how you would verify the neighbour’s claim, and what the
legal consequences are, if there is a servitude. .
(3)
[10]

QUESTION 2:

James works as a clerk at a law firm and saves up enough money to buy himself a new
laptop from Incredible Connection. His girlfriend, Julia, asks him if she can use the
laptop to complete her LL.B mini thesis and James consents. One evening while
studying at the 24 hour study area, Julia steps out for a quick smoke break and on her
return finds that James’s laptop is missing. CCTV footage was retrieved and Protection
Services assisted James and Julia in arresting the thief, however the laptop could not
be found and the thief refused to make any statements on the matter.
2.1 Advise James as to legal remedies available to him with regards to the loss of
his newly acquired laptop. Support your answer by referring to case law. (5)
2.2 How would your answer in 2.1. differ if Julia did not have James’s permission to
use the laptop? Support your answer by referring to case law. (3)
[8]
QUESTION 3:

S bought a harvesting machine from Z in terms of a credit transaction. Z delivered the


machine to S who used it on his farm. Before payment of the final instalment S entered
into a contract of sale with his parents for the machine at the same price that he paid for
it and immediately leased it back from them. S becomes insolvent and Z claims the
machine with the rei vindicatio from the insolvent estate. S’s parent oppose the action

2
and claim that they have become owners in terms of constitutum possessorium. Clarify
the legal position. [8]

QUESTION 4:

A has been leasing a flat from B for 2 years, of which ten months have
already lapsed. The breach of contract clause in the lease contract reads as
follows:

“Breach of contract:
In the event of the Lessee becoming in arrears with the monthly rental
payment or committing any other breach of contract, the Lessor will be
entitled to the immediate return of the property. The Lessor may take
possession of the property without further notice to the Lessee.”

A fell in arrears with his monthly rental payment, and in the same month, he
was locked out of his flat by B.

4.1 What remedy may A apply for in this instance?


(1)
4.2 Discuss whether A will be successful with the remedy mentioned in 4.1
above.
(5)
[6]

QUESTION 5:

Andrew and Mary owe ABC Bank R100 000. The bank requires security for payment of
the debt. Andrew and Mary grant a mortgage over their house to the bank. They agree
in the mortgage deed that ABC Bank, without intervention of the court, may sell the
house if they do not pay their debt. They further agree that the bank may keep the
house and register it in its name if they do not pay their debt.

5.1 Discuss the validity of the mortgage agreement between Andrew and Mary and
the bank with reference to case law. (5)
5.2 What are the functions of the mortgage agreement? (3)
[8]
GRAND TOTAL 40

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