18 Questions
Which of the following is a key factor in determining whether a movable thing becomes part of an immovable thing through accession?
The nature and purpose of the attached thing
In the case of Standard-Vacuum Refining Co v Durban City Council, what was the central issue regarding the movable property?
Whether the steel tanks were considered part of the immovable property for the purposes of property tax assessment
What is one of the key limitations of the 'nature and purpose of the attached thing' test in determining accession?
If the thing is not within the nature and purpose, other criteria must be applied
Which of the following best describes the 'manner and degree of attachment' test mentioned in the text?
It examines the physical connection between the movable and immovable thing
What is the primary purpose of the three tests outlined in the text for determining whether a movable thing has become part of an immovable thing through accession?
To provide a framework for courts to consistently apply the law of accession
Based on the information provided, which of the following statements best captures the relationship between movable and immovable property in the context of accession?
The law uses specific tests to determine whether a movable thing has become part of an immovable thing.
What is the main legal issue raised in the given text?
The ownership of movables that have become attached to immovables
What is the general principle regarding the ownership of movables that become attached to immovables?
The movables become the property of the landowner through the doctrine of accession
What is the significance of the cooperative reserving ownership of the equipment sold to the lessee?
It ensures the cooperative's claim over the equipment in the event of the lessee's insolvency
What is the relevance of the 'team of experts' installing the dairy equipment under the supervision of the lessee?
It demonstrates the cooperative's involvement in the installation process
How does the doctrine of accession apply in the context of the case?
The landowners become the owners of the structures and equipment through accession
What is the key legal consideration that the court must weigh in this case?
The landowners' right to claim ownership of the structures and equipment through accession
If a movable thing becomes permanently attached to an immovable property, what happens to its legal status?
It loses its independent status and becomes an accessory to the immovable property.
If a bona fide attacher attaches materials to someone else's land and the building is later demolished, what legal recourse does the attacher have?
The attacher can claim the materials back from the landowner through the rei vindicatio action.
What legal principle allows a landowner to potentially retain ownership of attached materials, even if they were initially movable?
Estoppel
If a mala fide attacher attaches materials to someone else's land and the building is later demolished, what legal recourse does the attacher have?
The attacher can claim compensation from the landowner on the grounds of unjust enrichment.
Which of the following is NOT a factor in determining whether an attached movable thing becomes an accessory to an immovable property?
The monetary value of the movable thing compared to the immovable property.
What is the legal principle that governs the accession of movables to other movables?
Accession of movables to movables
Explore the legal case where ownership rights of structures in a dairy business were disputed. Understand the concept of bona fide attachment and the implications on property rights.
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