Question
Alicia owns the section at 6 Belton Drive (No 6). However, Alicia does not use No 6 herself. On 1 April 2016, Alicia granted a
Alicia owns the section at 6 Belton Drive ("No 6"). However, Alicia does not use No 6 herself. On 1 April 2016, Alicia granted a 10-year lease over No 6 to Christian. Christian owns the neighbouring section, 8 Belton Drive ("No 8"). Christian lives at No 8 and runs a sheep farm at No 6. No 6 is nothing but pasture, except for: one smaller area that is enclosed by wooden fencing and that contains a small shed used by Christian for storing supplementary feed for the sheep; and one larger area that is enclosed by wire fencing. Each area is accessible by a stile. On 15 July 2011, Alicia had also granted an easement over a strip of No 6 to Jane. The strip is 1 m in length and is perpendicular to the street, dividing No 6 in half and ending at the back of No 6. Running beneath the full length of the strip of land (including beneath the shed) is an electrical cable owned by Jane. Jane lives behind No 6 and relies on the cable for electricity. On 30 October 2021, there is a fire further along Belton Drive, and a fire truck drives past No 6, startling Christian's sheep. In the stampede that ensues, the sheep unearth the cable and damage it. Christian and Jane are friendly, so they agree that Jane will: have an electrician come repair the work the next day; and then have Christian reimburse Jane for the repair work. Jane contacts an electrician named Susan. Jane has Susan come do the repair work, on 31 October 2021. When Susan arrives at No 6, she enters the area enclosed by wooden fencing and starts digging around the cable, to unearth the cable a little more. Susan is halfway between the wooden fence and the shed when she unearths something else: a bag containing $100,000 cash. Someone had obviously buried the bag there some time ago. Susan immediately calls the police to report the find. The police arrive at No 6 within the hour, visit both Jane and Christian at home, and have the two neighbours come look where Susan found the bag.
Question 1: Whoof Alicia, Christian, Jane, Susan, and the policeis it that the law makes owner of the cash? Why? This is a problem question
Question 2: Whoof Alicia, Christian, Jane, Susan, and the policeis it that the law should, in your reasoned opinion, make owner of the cash? Why? You may wish to refer to a text that we will be examining later this semester: Carole Lewis "The Right to Private Property in a New Political Dispensation in South Africa" (1992) 8 S Afr J on Hum Rts 389 (HeinOnline). See especially page 411 onwards. This is an essay question
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started