Property Ownership in Dairy Business Legal Case
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Which of the following is a key factor in determining whether a movable thing becomes part of an immovable thing through accession?

  • The ownership of the land where the movable thing is attached
  • The nature and purpose of the attached thing (correct)
  • The monetary value of the movable thing
  • The duration of time the movable thing has been attached

In the case of Standard-Vacuum Refining Co v Durban City Council, what was the central issue regarding the movable property?

  • Whether the oil refinery company had the right to remove the steel tanks from the land
  • Whether the steel tanks were attached to the land in a permanent manner
  • Whether the steel tanks were considered part of the immovable property for the purposes of property tax assessment (correct)
  • Whether the steel tanks were necessary for the operation of the oil refinery

What is one of the key limitations of the 'nature and purpose of the attached thing' test in determining accession?

  • It only applies to movable things that are made of steel
  • If the thing is not within the nature and purpose, other criteria must be applied (correct)
  • It is only relevant for determining the value of the attached thing
  • It is not always clear what the intended purpose of the attached thing is

Which of the following best describes the 'manner and degree of attachment' test mentioned in the text?

<p>It examines the physical connection between the movable and immovable thing (D)</p> Signup and view all the answers

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?

<p>To provide a framework for courts to consistently apply the law of accession (A)</p> Signup and view all the answers

Based on the information provided, which of the following statements best captures the relationship between movable and immovable property in the context of accession?

<p>The law uses specific tests to determine whether a movable thing has become part of an immovable thing. (C)</p> Signup and view all the answers

What is the main legal issue raised in the given text?

<p>The ownership of movables that have become attached to immovables (C)</p> Signup and view all the answers

What is the general principle regarding the ownership of movables that become attached to immovables?

<p>The movables become the property of the landowner through the doctrine of accession (C)</p> Signup and view all the answers

What is the significance of the cooperative reserving ownership of the equipment sold to the lessee?

<p>It ensures the cooperative's claim over the equipment in the event of the lessee's insolvency (A)</p> Signup and view all the answers

What is the relevance of the 'team of experts' installing the dairy equipment under the supervision of the lessee?

<p>It demonstrates the cooperative's involvement in the installation process (B)</p> Signup and view all the answers

How does the doctrine of accession apply in the context of the case?

<p>The landowners become the owners of the structures and equipment through accession (A)</p> Signup and view all the answers

What is the key legal consideration that the court must weigh in this case?

<p>The landowners' right to claim ownership of the structures and equipment through accession (D)</p> Signup and view all the answers

If a movable thing becomes permanently attached to an immovable property, what happens to its legal status?

<p>It loses its independent status and becomes an accessory to the immovable property. (D)</p> Signup and view all the answers

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?

<p>The attacher can claim the materials back from the landowner through the rei vindicatio action. (D)</p> Signup and view all the answers

What legal principle allows a landowner to potentially retain ownership of attached materials, even if they were initially movable?

<p>Estoppel (D)</p> Signup and view all the answers

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?

<p>The attacher can claim compensation from the landowner on the grounds of unjust enrichment. (D)</p> Signup and view all the answers

Which of the following is NOT a factor in determining whether an attached movable thing becomes an accessory to an immovable property?

<p>The monetary value of the movable thing compared to the immovable property. (D)</p> Signup and view all the answers

What is the legal principle that governs the accession of movables to other movables?

<p>Accession of movables to movables (D)</p> Signup and view all the answers

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