Original Acquisition

Question 1

What causes original Acquisition

Answer 1

When a movable thing is affixed to an immovable thing through human intervention

Question 2

What are the requirements of Original Acquisition

Answer 2

Nature and purpose
of attached movable
* objective factor
* serve land
permanently?
* lose legal identity

Manner and degree
of attachment

• objective factor
• remove with relative
  ease + without
  damage
• aerd ofte naghel-vast
• feat of engineering
  required?
• artificial join or
  weight

Intention of annexor
* subjective factor
* intention at the time
of annexation
* controversial
* reservation of
ownership

Question 3

What is the traditional approach

Answer 3

• objective factors are more important
• if unequivocal answer, then inaedificatio
• if equivocal answer, then subjective factor is
  decisive
• case law
• MacDonald Ltd (1915)
• Standard-Vacuum Refining Co of SA (Pty) Ltd
  (1961)
• Konstantz Properties (Pty) Ltd (1996

Question 4

What is the new approach

Answer 4

• subjective factor is more important
• actual intention
• objective factors are inferred or imputed
  intention
• case law
• Theatre Investments Pty Ltd (1978)
• Melcorp SA (Pty) Ltd (1980)

Question 5

What does the USS Graphics case say

Answer 5

• Mr Burger (USS Graphics – Cape Town) and Mr
  Spyker (Urban Print Factory – Johannesburg)
• 1998 Mitsubishi 6F 5SPC 5-colour offset
  lithographic printing machine
• weighs 98 tons + worth R4,8 million
• purchased in 2015 with an estimated life of more than 10
  years
• held down by its sheer weight (walls, windows, foundations)
• Keightley J
• paras 23-24 (practice of a particular industry

Question 6

What happens when an movable is attached to movables

Answer 6

• attachment through human intervention
  to become composite thing
• owner of principal thing becomes owner of
  composite thing

Question 7

What are the requirements for movable attachment to be ORIGINAL ACQUISITION

Answer 7

principal and accessory thing still recognizable
* difficult to separate
* ≠ amount to specification

Question 8

What makes something the principle thing

Answer 8

• character, form and function

Question 9

What happens with Intextura

Answer 9

With the weaving of material into cloth,
the cloth is the principal thing, even if the
thread is more valuable than that cloth.

Question 10

What happens with Scriptura

Answer 10

When someone writes on paper,
he/she/they acquires ownership of the
paper and must supply paper of equal
quality and quantity to the person that
lost their ownership of the paper.

Question 11

What happens with pictura

Answer 11

With painting, the painter becomes the
owner of the cloth or board on which
he/she/they painted, provided that the
painting is worth more than the cloth or
board.

Question 12

Ferruminatio

Answer 12

With welding, the owner of the greatest
bulk of the composite thing becomes
owner of the smaller part welded to it,
unless that smaller part is more valuable
than the bulk.