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Property Law Remedies

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Questions and Answers

What remedy can an owner or occupier seek in cases of infringement of ownership or right of occupation?

Mediation only

Criminal charges

Administrative penalties

Common law property law remedies (correct)

What type of infringement can constitute a delictual nature?

Infringement of a personality right (correct)

Infringement of a moral right

Infringement of a real right

Infringement of a contractual right

What is the definition of nuisance in a narrow sense?

An infringement of a neighbour's use and enjoyment of their land (correct)

An infringement of a personality right

An infringement of a real right

An infringement of a contractual right

What can be used to prohibit infringements of a neighbour's use and enjoyment of their land?

Interdict Signup and view all the answers

What is a requirement for delictual liability in terms of actio legis Aquiliae?

Culpability in the form of intent or negligence Signup and view all the answers

What is an example of an entitlement of use that can be infringed upon?

Right to undisturbed enjoyment of property Signup and view all the answers

What is the principle concern in determining liability in cases of neighbouring owner or occupier causing damage?

The requirements of actio legis Aquiliae Signup and view all the answers

In which cases is culpability not a requirement for claiming damages?

In cases of encroachment, lateral support, and natural flow of water Signup and view all the answers

What can be deduced from the decision in Foentjies v Beukes?

Delictual liability is not applicable in cases of encroachment, lateral support, and natural flow of water Signup and view all the answers

What is the main difference between an interdict and delictual liability?

An interdict does not require culpability, while delictual liability does Signup and view all the answers

What is the question in determining whether an owner is abusing their rights?

Whether the owner is causing a nuisance to their neighbour Signup and view all the answers

What is nuisance in a wide sense?

All of the above Signup and view all the answers

What was the outcome of the Kirsch v Pincus case?

The defendant was ordered to pay compensation to the plaintiff Signup and view all the answers

What is the actio legis Aquiliae used for?

To claim compensation for damages Signup and view all the answers