"Things"
What is the difference between tangible and intangible property?
Tangible property has physical form (e.g., land), while intangible property lacks physical form (e.g., patents).
What section of the Constitution protects citizens' right to property?
Section 25
Name a non-consumable thing
A house, a patent, a usufruct
What is ownership?
The most complete real right that someone can have over a thing
What happens to an accessory thing if the principal thing is sold?
It follows the principal thing’s ownership.
Does Section 25 of the Constitution protect only physical property?
No – it includes intangible and patrimonial rights.
What is the legal test for consumability in South Africa?
Whether use substantially reduces value.
Harvey, Luke and Mike co-own a house. They each have an equal undivided share in the house. Luke is no longer interested in owning a share of the house. Advise Luke as to what options are available to him.
Luke can sell his share/interest in the house. This does not mean that the entire property will be sold. Only that a third party will now own Luke's share in the property.
If a real right is over land, is it movable or immovable?
Immovable
What is "conceptual severance" in constitutional property law?
Protecting individual components of a property right separately.
What was the court’s decision in Khan v Minister of Law and order regarding principal vs. accessory parts?
The stolen part (the rear end) defined the car’s identity; his parts acceded to it.
Define bound ownership (you can use an example in your definition)
Bound (tied) ownership signifies an underlying relationship where the co-owners are bound (marriage ICOP, business partnership)
As long as the relationship is intact, the co-owner cannot burden or alienate the property and Co-ownership cannot be terminated unilaterally