ownership content

Question 1

ownership

Answer 1

• most complete RR
• nemo plus
• within boundaries of the law

Question 2

what does complete mean

Answer 2

• all proprietary rights to a thing

Question 3

what do the entitlements do

Answer 3

• power to do something in relation to property

- dont need all entitlements at same time

Question 4

what are the most common

Answer 4

1. use
2. control
3. alienate + encumber
4. vindicate
5. destroy

Question 5

explain individual title

Answer 5

• ownership vests in on person
• sum total of entitlements to the property
• impacted by legislative measures i.e land reform

Question 6

co ownership at common law

Answer 6

• more than 1 person owns the same prop
• free and bound
• movable/immovable property
• undivided share reflects interests
• actual land cannnot be burdened

Question 7

free co ownership

Answer 7

• no underlying legal relationship
• can alienate/burden undivided share
• terminate unilaterally
• exercise not dependant on underlying relationship

Question 8

bound co ownership

Answer 8

• underlying legal relationship
• marriage icop
• determines how ownership is exercised
• no burden/alienate undivided share
• no terminate unilaterally

Question 9

explain undivided share

Answer 9

• not same as commonly owned prop
• reflects co owners interests
• can generally do as they please
• use agreement
• successor in title not automatically bound

Question 10

explain common property

Answer 10

• may not deal with as please
• legal acts performed together
• decide on use
• use must be reasonable
• may not change/ alter/ grant rights to 3rd parties

Question 11

actio communi dividundo

Answer 11

• co ownership deteriorated
• division of prop
• calculation of loss and expenses
• ends legal relationship
• last resort, should attempt to reach agreement themselves

Question 12

sectional title

Answer 12

• ownership of sep units or sections
• in complex develop.
• own a section + undivided share of common prop
• body corporate manages

Question 13

shareblock

Answer 13

• own block of shares in company
• entitles use to part of building
• company owns immovable prop not individual

Question 14

time share

Answer 14

• recreational use of property
• different people use property at different times of year
• i.e for accommodation purposes

Question 15

Retirement

Answer 15

• housing needs of retired/about to retire
• lump sum to obtain housing interest
• regular contributions to levy fund

Question 16

Communal Property Association

Answer 16

• new form of ownership
• disadvantaged communities form juristic entities to acquire, hold and manage property
• broadens access to land where it cannot be divided into smaller units
• security of tenure

Question 17

Pretorius co owners use land

Answer 17

• reasonably
• in proportion to undivided share
• use of land that was intended
• does not interfere with other co owner rights

Question 18

Pretorius when is consent needed

Answer 18

• not needed unless

- co owner seeks to fundamentally change nature of property or use occupation of land

Question 19

Pretorius held

Answer 19

• G entitled to use land because using for intended purpose

- N no right to use road, imposing a burden beyond scope of agreement