Podcast
Questions and Answers
The value of the appellant's interest in the township should be treated as separate stands.
False
The Supreme Court was asked to determine if the pipes were movable or immovable.
True
The pipes were attached to the concrete footings with permanent fixtures.
False
The intention of the parties plays no role in determining whether an item is movable or immovable.
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Integral parts of a physical property are considered immovable.
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The discussion about the pipes included considerations of their functional integration in a complex assembly.
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The degree of attachment and the nature of an article do not influence its classification.
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The Supreme Court did not provide any arguments regarding the intention of the parties in this case.
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The Judge allowed costs for purchasing new clothes for the children's schools.
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The municipal area of Johannesburg has a township called Parkview.
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The appelant argued that the unsold stands should be valued based on past sale prices.
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The court indicated that a valuer should consider the seller's asking price.
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The Judge interpreted 'or' in the context of costs and inconvenience as meaning 'and'.
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Braamfontein Co. Ltd appealed against the valuation of their property as separate units.
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A total of 1,094 erven were sold in the township of Parkview.
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The valuation of property must be based on an unreasonable sale price according to the court's ruling.
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Study Notes
Expropriation
- When a residential unit is expropriated, it is generally expected that the expropriated person will obtain another dwelling.
- Costs associated with searching for a new house, transfer costs, cost of moving, a small amount for a pool cover, and curtains are allowed.
- Costs of purchasing new clothes for children's schools are not allowed as it is not absolutely necessary to move to another area.
- Loss of income and additional printing costs of letterheads are also not allowed.
- Inconvenience can be interpreted as "and" or "or" meaning payment for one heading may exclude the other.
Valuation of Property
- A township's unsold stands should be valued on the basis of the present value of the prices that may be realized over a period of time in the future.
- The valuer must value property "according to the capital sum which the property is expected to realize if offered for sale at the time of valuation on such reasonable terms and conditions as a bona fide seller would require".
- The valuer should consider the price the property would fetch at a sale under reasonable terms and conditions.
- A township's interest should be treated as a single unit as far as the valuer has to ascertain the value of the interest as if all the stands are sold within a reasonable period.
Movables & Immovables
- The determination of whether property is movable or immovable depends on the nature of the article, the degree and manner of its attachment to the realty, and the intention of the person attaching it.
- Pipes joined at storage tanks by nuts and bolts and laid along the ground on concrete footings, but not attached to the concrete footings, are considered immovable.
- An article can be an integral part of an entity without itself becoming immovable.
- An article that is physically integrated with an immovable entity, like a door or window, is considered immovable.
- If an entity is considered a unit in a functional sense, e.g. production, construction, storage, the article may not necessarily become immovable.
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Description
This quiz covers key concepts related to expropriation and the valuation of property. Learn about the rights of expropriated individuals, allowable costs, and the valuation methods for unsold stands. Test your understanding of these critical topics in property law.
