South African Property Law (LLB Academic Unit)
Study content for South African Property Law (LLB Academic Unit): notes, practice MCQs and flashcards across 8 syllabus topics. This is AI-generated draft content — citations have not yet been independently verified.
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Syllabus
- Foundational ConceptsTopic
Definition and classification of things (res) · Real rights vs personal rights distinction · Limited real rights overview
- OwnershipTopic
Nature, content and limitations of ownership · Original acquisition: occupatio, accessio, specificatio, commixtio, prescription (verjaring) · Derivative acquisition: tradition (delivery), registration (immovables)
- Protection of OwnershipTopic
Rei vindicatio (real action to reclaim thing) · Actio negatoria (denial of servitude/interference) · Condictio furtiva; actio ad exhibendum
- Possession and HoldershipTopic
Animus and corpus requirements for possession · Holdership (houding) vs possession · Acquisition, transfer and loss of possession
- ServitudesTopic
Praedial servitudes: creation, content, termination · Personal servitudes: usufruct, usus, habitatio · Registration requirements (Deeds Registry)
- Real Security RightsTopic
Mortgage (verband) over immovable property · Pledge (pand) over movables · Notarial bond (notariele verband)
- Mineral and Water RightsTopic
Minerals and Petroleum Resources Development Act 28 of 2002 (state custodianship) · National Water Act 36 of 1998 framework
- Land Reform and Constitutional Property LawTopic
Expropriation and just and equitable compensation · Restitution of Land Rights Act 22 of 1994 · Transformative constitutionalism and ubuntu in property law
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Flashcards
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Define rei vindicatio and state the foundational principle of its availability.
SA case law (SAFLII) - Common law principle
What are the two essential elements of possession (bezit) under Roman-Dutch law?
Roman-Dutch common law - Takis v Taylor and Others
State the requirements for acquisitive prescription (verjaring) of ownership.
[2025] ZAWCHC 137 (25 March 2025)
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