Module Guide

Faculty Commerce and Law

Module Code LWPR311 Module Name Law of Property
NQF Level 7 Credit Value 12
Semester 1/2020 Year Level 3
Mr Emmanuel
Module Leader Copy Editor Mr Richard Dunningham
Makwaiba
Lecturing Hours 70 (05 hours a week Tutorial Hours N/A
Notional Hours 120 Pre-Requisites LWIT111; LWIT121

The module guide must be read in conjunction with the prescribed textbook. This document will
be the first port of call to understanding what will be assessed and which assessments form part
of the module.

The purpose of the module guide is to highlight:

• The learning outcomes and assessment criteria that need to be met to pass the module
• The assessment required to be completed for the module
• The additional resources required for the module
• The topics that will be focused on for the module

Module Aim
Property Law is aimed at giving you an insightful approach to and detailed knowledge of the
South African Law of Property. You are required to always think critically within a contextual
framework and analyse legal problems by applying definitions learned and applicable legislation
and case law.

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Pearson Institute of Higher Education is registered with the Department of Higher Education and Training as a private higher education institution
under the Higher Education Act, 101, of 1997. Registration Certificate number: 2001/HE07/008. (Formerly Midrand Graduate and CTI Education
Group).
Module Description
Property Law provides a concise account of the development and definition of ownership; how to
acquire and protect ownership as well as the rights; entitlements and limitations of an owner. It
furthermore deals with possession; holdership; real rights in another owner’s property and real
security rights. Throughout the module constitutional aspects like the subsidiarity principle;
expropriations and deprivations are introduced and analysed. The module will cover topics like
Property Law and Land reform in terms of the Constitution focussing specifically on section 25; the
characteristics and classification of things and the relationship between things, rights and property;
conventional categories of real rights as well as property and creditor’s rights; ownership and the
various forms of ownership; how to acquire and protect your ownership; the nature, various
elements as well as the protection and termination of possession; servitudes and restrictive
conditions; express and tacit real security rights including the pledge, mortgage, notarial bonds
and rights created by law as well as the tacit hypothec and lien.

Learning Outcomes
By the end of this module, you will be able to:
Learning Outcomes Assessment Criteria
1.1 Analyse the general nature and place of
property law in the legal System.
1.2 Explain the single system of law; the
1. Analyse and explain the historical
subsidiarity principles and the characteristic
origins of property laws and its
of a property system in line with the spirit,
relationship with the constitution.
purport and objectives of the Bill of Rights
Blended learning activity:
• Online case Analysis
2.1 Explain the characteristics and classification
of a ‘res’ and the relationship between things,
rights and property
2.2 Discuss the various ownership entitlements
2. Explain and apply the principles of
and forms of ownership both statutory and
the law of property to a set of facts.
common law.
2.3 Discuss the private law limitations on
ownership focusing on neighbour law

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 2.4 Analyse the impact of s25 of the constitution
on ownership.
2.5 Explain and distinguish between the two
forms acquisition of ownership.
2.6 Discuss the registration process, the
approaches to the process and the
importance of publicity.
2.7 Identify, apply and differentiate between
property law remedies.
2.8 Explain the concept of possession and its
impact on ownership.
2.9 Discuss and differentiate between the two
rights in property law focussing on real and
personal rights.
2.10 Discuss limited real rights in property law.
2.11 Distinguish between the various kinds of
servitudes and discuss the differences and
commonalities between them
2.12 Identify and explain the different types of real
security rights
2.13 Discuss the express security rights in relation
to tacit security rights as well as judicial
security rights.
Blended learning activity:
• Online quiz, case analysis
3.1 Conduct legal research on a particular legal
3. Conduct legal research and problem that requires critical thinking in a
evaluate legal information and summative assessment in the form of an
interpret case law on the law of assignment
property. Blended learning activity:
• Online Quiz on a particular case law
4. Interpret, read and summarise legal 4.1 Identify legal issues, apply the law and
information, case law and construct provide solutions in an assignment containing
accurate legal arguments. problem questions.

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 5. Analyse a set of facts, and apply 5.1 Summative assessments in the form of a
principles of the law of property to Test and assignment containing problem
solve practical problems questions.

Prescribed Resource(s)
Textbook(s)
Mostert, H. and Pope, A. (eds.). 2010. The Principles of the Law of Property in South Africa.
Cape Town: Oxford University Press.
ISBN: 9780195984040

Prescribed Material
Case law is discussed in the prescribed textbook, but you are encouraged to enrich your
knowledge by reading case law where relevant.

The following resources will be made available on myLMS, which you must check regularly:
• Module guide
• Discussion forums
• Previous examination papers
• Examination scope
• Copies of legislation

Recommended Resource(s)
Take note that all disciplines and their corresponding textbooks are frequently updated.
Therefore, you should use the latest editions, where available. Recommended resources
should be used for research purposes. There is a range of general resources related to this
module, including the following:

Online Document(s)
These will be announced and made available on myLMS.

Journal Article(s)
These will be announced and made available on myLMS.

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Online Journal Article(s)
These will be announced and made available on myLMS.

Website(s)
South African Legal Information Institute. SAFLII. [Online] Available at: http://www.saflii.org/.
[Accessed 24 May 2019].
Additional websites will be announced and made available on myLMS.

Supporting Documents
Geyer, L., Levin, A., Makati, P., Pierce, R., Potter, M., and Wheeler, A. 2019. PIHE Guide to
Referencing (Harvard Referencing Method). Unpublished document. Pearson Institute of Higher
Education

Essential Requirements
• Access to a resource centre or a library with a wide range of relevant resources, including:
textbooks and eBooks, newspaper articles, journal articles, organisational publications,
databases, etc.
• Access to a range of academic journals in electronic format via PROQUEST or other
databases
• Resources added to myLMS

Employer Engagement and Vocational Contexts

Case studies will be done during the course of the semester to illustrate the practical application of
Property Law principles.

Formative Assessment(s)
Continuous Assessments
Continual formative assessment is conducted so that you are given feedback on your progress in
the achievement of specific learning outcomes. The formative assessment tasks occur every
fortnight and can take the form of one of the following:
• A five-item multiple choice test
• A short-questions test
• Construction of concept maps
• Take home tests with long questions
• Short practical tasks
• Short class presentations

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The lecturer at each campus will determine the nature of these continuous assessments and
they should be done at least every fortnight. The continuous assessments will count 10%
towards your final mark. If you miss one of the continuous assessment opportunities, a zero will
be awarded for that assessment. Another continuous assessment will not be set to make up for
the missed mark.

Online Assessment(s)
Online assessments will be conducted on myLMS. These online assessments will count
5%. If a particular online assessment is not completed a zero will be awarded for that
assessment. If none are completed you will be awarded a zero for these assessments.
The average of all the online assessments will be the final online assessment mark. You could
be expected to complete assessments on myLMS as well as other digital platforms.

Guidelines for online myLMS assessments:

• Time limits should be checked before commencing assessments.
• Ensure that the Internet connection is stable.
• In some cases, assessments are not available indefinitely and will only be available for a day
or two.
• Marks may only be available (with a memorandum) after all students have attempted the
assessment after the assessment due date.
• Two attempts may be awarded in cases where there is poor Internet connection. Note that no
more than two attempts may be awarded in some cases.

Test(s)
There will be 1 test which will contribute 15% towards your final mark.

If a test is missed because of illness, a doctor’s note must be presented within 48 hours of the
missed test to the Academic Manager/Administrator/Coordinator.

To make up for this missing assessment, you may be able to write a deferred test. However, in
order to gain entry to this test, you will have to follow various procedures and meet certain
criteria. You must complete a Deferred Test Application Form available on myLMS. You will be
required to pay a non-refundable fee per application. Each test missed requires a separate
application. This will be your only opportunity to make up for a missed test.

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It is the students’ responsibility to collect their tests and verify their marks on the day they are
handed out. No adjustment of marks will be entertained beyond the date scripts are returned to
students after marking.

Assignment(s)
There is only one group assignment for this module. The assignment is based on applying the
theory covered in class to a practical case study. The assignment counts 20% of your final mark.
Assignments must be submitted on or before the due date to the lecturer in class or as per
arrangement. Five percent (5%) will be deducted for every day that the assignment is late, up to
a maximum of three days. Assignments that are more than three days late will be awarded a
zero.

Summative Assessment
Summative assessment is concerned with the judgement of learning in relation to the exit-level
outcomes of the qualification. Such judgement includes integrated assessment(s), which test
your ability to integrate the larger body of Law of Property knowledge, skills and attitudes that are
represented by the exit-level outcomes as a whole.

Plagiarism
All assignments and reports must be submitted to the online similarity checker (Turnitin) available
on myLMS prior to being submitted for marking. When submitting your assignment/report, it is
compulsory to submit the entire Turnitin report. Marks will be deducted in accordance with the
institutional policy.

Also, when submitting assessments, you should include the completion and signing of the
applicable Assessment Coversheet as an acknowledgement that the work submitted is your own
original work, except for source material explicitly acknowledged. This declaration will serve as
proof that you are aware of the Institution’s policies and regulations on academic integrity.

Final Mark
In order to pass the module a final average of 50% or higher is required for the entire module.

The final mark is calculated as follows:

Coursework Mark [(Continuous assessment percentage × 0.10) + (Test percentage × 0.15) +
(Assignment percentage × 0.20) + (Online Assessment x 0.05)] + Examination Mark
[(Examination percentage × 0.50)]

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Details of Assessments
Methods of Assessment Weighting1 Dates
09/03/2020 – 13/03/2020
Assignment 20%
Scope of coverage: Weeks 1 – 6
23/03/2020 – 27/03/2020
Test
Scope of coverage: Weeks 1 – 7
15%
20/04/2020 – 24/04/2020
Deferred Test
Scope of coverage: Weeks 1 – 7
Lecturer will stipulate the date(s) of these
Continuous Assessment 10%
assessments and scope of coverage.
Scope of coverage: 03/02/2020 – 15/05/2020
Online Assessment 5%
Bi-weekly from Weeks 1 – 13
All formative marks captured 21 May 2020
Initial Examination 1: 25/05/2020 – 08/06/2020
Supplementary/Deferred 50%
1: 29/06/2020 – 10/07/2020
Examination

Consultations
Consultation times will be pinned onto the lecturer’s office door/notice board. You must give
lecturers 24 hours’ notice for appointments. Meetings can be requested in-class or via email. It is
important that you detail the requirements (chapter, section, etc.) for your consultation.

Module Content
You are required to attend all classes. In addition, exercises and activities, which are supplied by
lecturers, are compulsory.

Continuous assessments may run throughout the semester.

1 Refer to the Conditions of Enrolment, available on myLMS.

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Semester 1: Schedule
Topics and
Lecture
Assessment Criteria Assessments References
Weeks
Covered
• Chapter 1
Van der Walt AJ. 2012. Property
and Constitution. Chapter 2 pp.19
Introduction: sources; – 40. [Online] Available at:
historical background http://www.pulp.up.ac.za/monogra
1
and phs/property-and-constitution.
1: 03/02/2020
development and the [Accessed: 31 October 2019].
– 07/02/2020
single system of law Journal article(s)
AC: 1.1 – 1.2 Van der Walt AJ and Dhilwayo P
‘The Notion of absolute and
exclusive ownership: a doctrinal
analysis’ 2017 (1) SALJ 34-52
• Chapter 2
• Chapter 5
Case Law
Telkom SA Ltd v Xsinet (Pty) Ltd
2003 (5) SA 309 (SCA)
Property and Things. Khan v Minister of Law and Order
2 1991 (3) SA 439 (T)
1: 10/02/2020 Content and Forms of Senekal v Roodt 1983 (2) SA 602
– 14/02/2020 ownership (T)
AC: 2.1 – 2.2
FNB v Commissioner of the South
African Revenue Service; First
National Bank of SA Ltd t/a
Westbank v Minister of Finance
2002 (4) SA 768 (CC)

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 • Chapter 5
• Chapter 6
• Sections 6.1; 6.2 and 6.4
Journal Article(s)
Content and Forms of Van der Walt, AJ. and Dhilwayo, P.
ownership. 2017. ‘The Notion of absolute and
3 exclusive ownership: a doctrinal
1: 17/02/2020 Limitations on analysis’. SALJ. (1), 34 – 52.
– 21/02/2020 ownership: Case Law
neighbour law Pretorius v Nefdt and Glas 1908
AC:2.2 – 2.3 TS 854
Claassen v Quenstedt and Others
(1199/2011) [2014] ZAECPEHC
Mbalo v Makhosonke and Others
(21021/2013) [2015] ZAWCHC 91
• Chapter 6
• Sections 6.3
Case Law
First National Bank of SA Limited
t/a Wesbank v Commissioner for
Limitations on the South African Revenue
ownership: Services and Another [2002] ZACC
Constitutional
4 limitations. Shoprite Checkers (Pty) Limited v
1: 24/02/2020 Member of the Executive Council
– 28/02/2020 Acquisition of for Economic Development,
ownership Environmental Affairs And
AC: 2.4 – 2.5 Tourism, Eastern Cape 2015 (6)
AC:3.1 – 5.1 SA 125 (CC)

Haffejee NO and Others v

eThekwini Municipality and Others
[2011] ZACC

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 Uys N.O and Another v Msiza and
Others [2017] ZASCA 130

• Chapter 7

Case Law
Laskey and Another v Showzone
CC and Others 2007 (2) SA 48
(CPD)
Allaclas Investmenst (Pty) Ltd and
Another v Milnerton Golf Club and
Other 2008 (3) SA 134 (SCA)
Regal v African Superslate (Pty)
Ltd 1963 (1) SA 102 (A)
Malherbe v Ceres Municipality
1951 (4) SA 510 (A)
Dorland and Another v Smits 2002
(5) 374 (CPD)
Lombard v Fischer 2003 (1) All SA
698 (O) Trustees of the Brian
Lackey Trust v Annandale 2004 (3)
SA 281
Redelinghuys v Bazzoni 1976 (1)
SA 110 (T)
Opperman v Stanely and Another
[2010] ZAGPPHC 221
Fedgroup Participation Bond
Managers v Trustee of the Capital
Property Trust [2015] ZASCA 103
• Chapter 7
Case Law
5 Acquisition of
Laskey and Another v Showzone
1: 02/03/2020 ownership. Online Quiz
CC and Others 2007 (2) SA 48
– 06/03/2020 AC: 2.5
(CPD)
Allaclas Investmenst (Pty) Ltd and

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 Another v Milnerton Golf Club and
Other 2008 (3) SA 134 (SCA)
Regal v African Superslate (Pty)
Ltd 1963 (1) SA 102 (A)
Malherbe v Ceres Municipality
1951 (4) SA 510 (A)
Dorland and Another v Smits 2002
(5) 374 (CPD)
Lombard v Fischer 2003 (1) All SA
698 (O) Trustees of the Brian
Lackey Trust v Annandale 2004 (3)
SA 281
Redelinghuys v Bazzoni 1976 (1)
SA 110 (T)
Opperman v Stanely and Another
[2010] ZAGPPHC 221
Fedgroup Participation Bond
Managers v Trustee of the Capital
Property Trust [2015] ZASCA 103
• Chapter 3 and 7
• Sections 3.3 and 7.3.4
• Chapter 8
Journal Article(s)
Muller, G. 2014. ‘Considering
alternative accommodation and
Registration and
the rights and needs of vulnerable
6 Publicity.
people’ SAJHR. (30), 41 – 62.
1: 09/03/2020 Assignment
Legislation
– 13/03/2020 Remedies
The Constitution of South Africa
AC: 2.6 – 2.7
of 1996 ss 25 and 26
PIE Act 19 of 1998
ESTA 62 of 1997

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 Case Law
Chetty v Naidoo 1974 (3) SA 13
(A)
Quenty’s Motors (Pty) Ltd v
Standard Credit Corporation Ltd
1994 (3) SA 188 (A)
Clifford v Farinha 1988 (4) SA 315
(W)
Ndlovu v Ngcobo and Bekker v
Jika 2003 (1) SA 113 (SCA)
Port Elizabeth Municipality v
Various Occupiers 2005 (1) SA
217 (CC)
President of the Republic of South
Africa and Another v Modderklip
Boerdery (Pty) Ltd (Agri SA
and Others, Amici Curiae) 2005
(5) SA 3 (CC)
Occupiers of 51 Olivia Road,
Berea Township and 197 Main
Street, Johannesburg v City of
Johannesburg and Others 2008
(3) SA 208 (CC)
City of Johannesburg
Metropolitan Municipality v Blue
Moonlight Properties 39 (Pty) Ltd
and
Another 2012 (2) SA 104 (CC)
Molusi and Others v Voges N.O.
and Others (2016 (3) SA 370
(CC)
Online
De Voss, Pierre. 2017. ConCourt
judgment explicitly links access to
land and housing with the

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 protection of dignity. Daily
Maverick, 18 May 2017. [Online]
Available at:
https://www.dailymaverick.co.za/o
pinionista/2017-05-18-concourt-
judgment-explicitly-linksaccess-to-
land-and-housing-with-the-
protection-of-
dignity/#.WhUBhtKWbIU
[Accessed 31 October 2019].
• Chapter 8
Journal Article(s)
Muller, G. 2014. ‘Considering
alternative accommodation and
the rights and needs of vulnerable
people’ SAJHR. (30), 41 – 62.

Legislation
The Constitution of South Africa
of 1996 ss 25 and 26
PIE Act 19 of 1998
7 ESTA 62 of 1997
Remedies
1: 16/03/2020 Online Quiz
AC: 2.7
– 20/03/2020 Case Law
Chetty v Naidoo 1974 (3) SA 13
(A)
Quenty’s Motors (Pty) Ltd v
Standard Credit Corporation Ltd
1994 (3) SA 188 (A)
Clifford v Farinha 1988 (4) SA 315
(W)
Ndlovu v Ngcobo and Bekker v
Jika 2003 (1) SA 113 (SCA)
Port Elizabeth Municipality v
Various Occupiers 2005 (1) SA

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 217 (CC)
President of the Republic of South
Africa and Another v Modderklip
Boerdery (Pty) Ltd (Agri SA
and Others, Amici Curiae) 2005
(5) SA 3 (CC)
Occupiers of 51 Olivia Road,
Berea Township and 197 Main
Street, Johannesburg v City of
Johannesburg and Others 2008
(3) SA 208 (CC)
City of Johannesburg
Metropolitan Municipality v Blue
Moonlight Properties 39 (Pty) Ltd
and
Another 2012 (2) SA 104 (CC)
Molusi and Others v Voges N.O.
and Others (2016 (3) SA 370
(CC)
Online
De Voss, Pierre. 2017. ConCourt
judgment explicitly links access to
land and housing with the
protection of dignity. Daily
Maverick, 18 May 2017. [Online]
Available at:
https://www.dailymaverick.co.za/o
pinionista/2017-05-18-concourt-
judgment-explicitly-linksaccess-to-
land-and-housing-with-the-
protection-of-
dignity/#.WhUBhtKWbIU
[Accessed 31 October 2019].

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 8
Revision
1: 23/03/2020 Test • All above chapters
AC: 5.1
– 27/03/2020
1: 30/03/2020
Academic and Work Readiness Mastery
– 03/04/2020
1: 06/04/2020
Semester Break
– 10/04/2020
• Chapter 4
Case Law
De Beer v Zimbali Estate
Management Association (PTY) Ltd
2007(3) SA 254 (N)
Wightman tla JE Construction v
Headfour (PTY) Ltd and Another
9 2008 (3) SA 371 (SCA)
Possession.
1: 14/04/2020 Le Riche v PSP Properties CC 2005
AC: 2.8
– 17/04/2020 (3) SA 189 (C)
Xsinet (Pty) Ltd v Telkom SA Ltd
2002 (3) SA 629 (C)
Du Randt v Du Randt 1995 (1) SA
401 (0) Victoria and Alfred
Waterfront v Police Commissioner of
the Western Cape 2004 (5) BCLR
53
• Chapter 3
• Sections 3.1 – 3.2
Case Law
Ex Parte Geldenhuys 1926 OPD
10 Real Rights and Online Quiz 155
1: 20/04/2020 Personal Rights Lorentz v Melle 1978 (3) SA 1044
– 24/04/2020 AC: 2.9 Deferred Test (T)
Nel NO v Commissioner for Inland
Revenue 1960 (1) SA 227 (A)
Cape Explosive Works Ltd v Denel
(PTY) Ltd 2001 (3) SA 569 (SCA

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 • Chapter 9
Journal Article(s)
Van Der Walt, AJ. & Van Staden,
S. 2016. Progressive’ Judicial
Interpretation of Servitudes and
Ancillary Servitude Entitlements –
Jersey Lane Properties (Pty) Ltd
t/a Fairlawn Boutique Hotel & Spa
v Hodgson’. Journal of
Contemporary Roman-Dutch Law.
(79), 671 – 678.
Case Law
11
Servitudes. De Kock v Hanel 1999 (1) SA 994
1: 28/04/2020
AC: 2.10 (C) Schwedhelm v Hauman 1947
– 30/04/2020
(1) SA 127 (E) Camps Bay
Ratepayers Association v Minister
of Planning, Western Cape 2001
(4) SA 194 (C)
Van Rensburg v Nelson Mandela
Metropolitan Municipality 2008 (2)
SA 8 (SEC)
Kidson v Jimspeed Enterprises CC
2009 (5) SA 246 (GNP)
Linvestment CC v Hammersley
and Another 2008 (3) SA 283
(SCA)
• Chapter 12
• Sections 12.1 – 12.4
Case Law
12 Thienhaus NO v Metje and Ziegler
Real Security rights.
1: 04/05/2020 Ltd 1965 (3) SA 25 (A)
AC: 2.10 – 2.11
– 08/05/2020 Standard Bank van SA Bpk v
Registrateur van Sktes, Transvaal
en ‘n ander 1975 (4) SA 936 (T)
Jaftha v Schoeman and Others,

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 Van Rooyen v Stoltz and Others
2005 (2) SA 140 (CC) Gundwana v
Steko Development CC and
Others 2011 (3) SA 608 (CC)
Nedbank Limited v Fraser and
Another 2011 (4) SA 363 (GSJ)
Vasco Dry Cleaners v Twycross
1979 (1) SA 603
Ikea Trading and Design AG v
BOE Bank Ltd 2005 (2) SA 7
(SCA)
Firstrand Bank Limited v Land and
Agricultural Development Bank of
South Africa 2015 (1) SA
38 (SCA)
Contract Forwarding (Pty) Ltd v
Chesterfin (Pty) Ltd and Others
(2003) 1 All SA 267 (SCA)
Bloemfontein Municipality v
Jacksons 1929 AD 266
Singh v Santam Insurance Ltd
1997 (1) SA 291 (SCA)
• Chapter 12
Case Law
Thienhaus NO v Metje and Ziegler
Ltd 1965 (3) SA 25 (A)
Tacit Real Security Standard Bank van SA Bpk v
13 rights Registrateur van Sktes, Transvaal
1: 11/05/2020 Judicial Real security en ‘n ander 1975 (4) SA 936 (T)
– 15/05/2020 rights Jaftha v Schoeman and Others,
AC: 2.12 – 2.13 Van Rooyen v Stoltz and Others
2005 (2) SA 140 (CC) Gundwana v
Steko Development CC and
Others 2011 (3) SA 608 (CC)
Nedbank Limited v Fraser and

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 Another 2011 (4) SA 363 (GSJ)
Vasco Dry Cleaners v Twycross
1979 (1) SA 603
Ikea Trading and Design AG v
BOE Bank Ltd 2005 (2) SA 7
(SCA)
Firstrand Bank Limited v Land and
Agricultural Development Bank of
South Africa 2015 (1) SA
38 (SCA)
Contract Forwarding (Pty) Ltd v
Chesterfin (Pty) Ltd and Others
(2003) 1 All SA 267 (SCA)
Bloemfontein Municipality v
Jacksons 1929 AD 266
Singh v Santam Insurance Ltd
1997 (1) SA 291 (SCA)
• Sections 12.5-12.6
Revision
Revision and examination preparation
1: 18/05/2020
AC: 5.1
– 22/05/2020
1: 25/05/2020
Initial Examination
– 08/06/2020
1: 29/06/2020
Supplementary/Deferred Examination
– 10/07/2020
20/07/2020 Semester 2 Teaching Period Continues

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