LAH3701 ASSIGNMENT 1 SEMESTER 1 2025

Description

All questions answered. Question 1 [LAND ISSUES AND PRINCIPLES]
Complete the following sentences by filling in the missing words:
a) _________________ is a form of land tenure that is not of a permanent nature and whereby
land is occupied in terms of a contract of lease. [1]
b) ____________________ entailed the occupation of property for a 15-year period. This was
renewable and subject to the payment of an annual rental. [1]
c) ______________________________ are strong limited real rights registered over surveyed
land. The holder can, with the necessary permission, obtain the right to occupy the land, erect
buildings, let or subdivide the land, mortgage the rights, and dispose of the rights. [1]
d)._____________________________________ comprise rights to use land for grazing,
cultivation and residential purposes. The leader of the community, in consultation with his council,
allots portions of land to families. The family head usually acquires residential and arable land,
and, after land has been allocated, he also acquires access to natural resources on the
commonage, for example land for grazing. [1]
e) In the case of ________________________________, duties were divided between a
cultivator (usually a black person) and a non-cultivator (usually a white landowner). The noncultivator
provided land (usually arable farms owned by a white person), while the cultivator
provided seed as well as labour. The cultivator obtained the right to occupy a piece of land in
return for the payment of an agreed proportion of the produce to the landowner. [1]
f) In the case of_____________________________, the labour tenant (usually a black man and
his family) received a piece of land (usually land on a farm owned by a white person) to live on
and to cultivate crops in exchange for labour. [1]
g) In a ____________________________, the owner acquires individual ownership of a section,
being a part of a building (such as a flat, office or shop), together with a co-ownership share in
the common property (comprising the land and all parts of the building not forming part of the
sectional owners’ sections, calculated according to the participation quota). [1]
h) ___________________________________ provides the shareblock holder with a contractual
right of use with regard to a specific part of the building. [1]
i) ____________________________________ is/are a separate kind of interest in property use
aimed at obtaining a right to the intermittent use of the property for certain limited periods of each
year. This applies mostly to property used for intermittent, residential holiday accommodation.
[1]
j) _____________________________________ provide retired persons with suitable
residential property. [1]
Question 2 [STATUTE LAW]
Name the correct statute that/which is applicable in the following scenarios or is
associated with the following statements:
a) Schubart Park residents are objecting to their removal from the 12-storey block of flats
despite it being on the brink of collapse. [1]
b) Mr Fanie du Taasen is angry about a group of homeless people who occupied a portion of
his farm eight months ago because they were chased off a neighbouring farm. [1]
c) The piece of legislation that provided the Native Affairs Department with the power to plan
and create the “locations”, which became the predominant places of residence for a large
portion of the population. [1]
d) The piece of legislation that enabled the establishment of recognised townships in South
Africa. [1]
e) The piece of legislation that continued employing the “1036 Regulations” and (in Chapter
IV) regulated land development. [1]
Question 3 [CASE LAW]
Name the correct case name that/which is applicable in the following scenarios or
associated with the following statements:
a) The case in which the court defined ownership, with reference to its inherent nature, as the
most comprehensive real right a person can have to a thing. [1]
b) The case in which the court indicated that “it may be difficult to define dominium
comprehensively … but there can be little doubt … that one of its incidents is the right of
exclusive possession of the res, with the necessary corollary that the owner may claim his
property wherever found, from whomsoever holding it. It is inherent in the nature of
ownership that possession of the res should normally be with the owner, and it follows that
no person may withhold it from the owner unless he is vested with some right enforceable
against the owner (e.g. a right of retention or a contractual right)”. [1]
c) The case in which the court held that holiday homes do not fall within the definition of
“building or structure”, as they do not function as a “habitual dwelling” or “home”. [1]
d) The case in which the court stated that homelessness could be defined as referring to any
time between the date on which the court order is to be made regarding the time the
occupier must vacate the property up to the date upon which the eviction order is to be
effected (in the event that the occupier does not vacate the property), taking into account
that the occupier is able to find alternative accommodation that is (a) of a comparable or
better standard to and (b) at a similar rental to and (c) within reasonable proximity to that
of the property from which the eviction is sought. [1]
e) The case in which the court held that millions of South Africans are facing acute housing
shortages and mostly occupy basic informal settlements that provide only minimum
shelter, with others having no access to housing or shelter of any kind. Some people build
their shelters using plastics or reside in unsafe and unhygienic buildings – and this despite
the promise in the Constitution to improve everyone’s standard of living. [1]
Total: [20]