The Law of Property in South Africa

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Questions and Answers

What is a servitude?

  • A public right to access private property
  • A limited real right granted by a landowner to a neighbor (correct)
  • A type of property ownership
  • A temporary alteration of ownership

What is the difference between Lindiwe's case and Jan's case?

  • Lindiwe's case involves a permanent alteration of ownership, while Jan's case involves a temporary alteration.
  • Lindiwe's case involves a temporary alteration of ownership, while Jan's case involves a permanent alteration. (correct)
  • Lindiwe's case involves a partial transfer of ownership, while Jan's case involves a complete transfer.
  • Lindiwe's case involves a complete transfer of ownership, while Jan's case involves a partial transfer.

What is Kaya's responsibility in opening her shopping mall to the public?

  • To give the public full ownership of the property
  • To charge the public for access to the property
  • To respect the public's non-property rights for access to the property (correct)
  • To limit the public's access to the property

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Study Notes

  • A landowner can grant a right of way to a neighbor, creating a servitude.
  • The neighbor acquires a limited real right in the landowner's property.
  • Ownership is not taken away, but the content of ownership is altered.
  • Lindiwe's case involves temporary alteration of ownership, while Jan's case involves permanent alteration.
  • Kaya opens her shopping mall to the public for economic benefit.
  • She accepts responsibility to respect the public's non-property rights for access to the property.
  • Access refers to the public's right to be on land for exercise of constitutionally protected rights.
  • The text is about the principles of the law of property in South Africa.
  • The book is in its second edition and published by Oxford University Press Southern Africa.
  • The authors include Pieter Badenhorst, Warren Freedman, Hanri Mostert, Juanita Pienaar, Jeannie van Wyk, Anne Pope, and Elmien du Plessis.

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