In June $2023,$ John bought a house in Sandton. At the time, he decided to install a solar system

due to the unreliable electricity provision in South Africa. He bought $20$ solar panels, $4$ batteries

and an inverter on credit from the $$Sun Company$.$ The Sun Company installed the system in

July $2023.$ The agreement between John and the Sun Company provided that John would only

become the owner of the solar panels, the batteries and the inverter after all the instalments

were paid. It further provided that the Sun Company could remove the entire system, should

John, fall into arrears with payment of the instalments.

John decided to move to Cape Town and, before all the instalments of the solar system were

paid, he sold the house to Lindiwe. After registration of the property in Lindiwe$$s name and after

Lindiwe moved in$,$ the technicians of the Sun Company arrived at Lindiwe$$s house to remove

the solar system. Lindiwe refused to allow them access to her house, but they explained to her

that John stopped paying the instalments of the solar system and that they were therefore

allowed to remove the system. Lindiwe asks her son, Nkosinathi, who is a third$-$year LLB student

at Unisa, for advice. Nkosinathi explained that the solar system belongs to Lindiwe because it

became part of the land by means of inaedificatio $($accession by building$).$ Nkosinathi further

explained that the South African courts apply different criteria to determine whether a movable

thing became permanently attached to land namely, the nature and purpose of the attached

thing; the manner and degree of attachment; and the intention of the person annexing the

movable or the intention of the owner of the movable. He added that these criteria have been

applied in different ways by the South African courts.

Against this background answer the following questions:

Question $1$

Why is inaedificatio classified as a form of original acquisition of ownership? Fully substantiate

your answer with reference to the specific page$($s$)$ of your Study Guide that you consulted to

answer this question. Do not insert footnotes $$ simply refer to the relevant page$($s$)$ of the Study

Guide that you consulted in brackets after your answer. Your answer should not exceed $6$ lines.

$(3)$

Evaluation criteria

Not yet

achieved

Partially

achieved

Achieved

The reason why inaedificatio is an original form of

acquisition of ownership is clearly explained using

own words.

$012$

$5$

Correct reference to the relevant page number$($s$)$ of

the Study Guide in brackets. The answer does not

exceed $6$ lines.

$01/21$

Question $2$

Fully advise Lindiwe about the correctness of Nkosinathi$$s advice. In your answer do not repeat

the criteria, rather focus on the interpretation of the third criterion $($the subjective intention

criterion$)$ by the Supreme Court of Appeal in Konstanz Properties $($Pty$)$ Ltd v Wm Spilhaus en

Kie $($Wp$)$ Bpk $(1996(3)$ SA $283($A$)).$ Take note that Konstanz Properties $($Pty$)$ Ltd is one of the

cases that you only need to study to the extent that it is discussed in the Study Guide. Therefore,

you must refer to the Konstanz Property $($Pty$)$ Ltd case as discussed in the Study Guide.

In your answer, evaluate the correctness of the approach of the Supreme Court of Appeal in

Konstanz Properties $($Pty$)$ Ltd considering that inaedificatio is classified as an original method

of acquisition of ownership. Substantiate your answer with reference to the specific page

number$($s$)$ in the Study Guide that you consulted to answer this question. Do not insert

footnotes $$ simply refer to the relevant page$($s$)$ that you consulted in brackets after your

answer. Your answer should not exceed $15$ lines. $(7)$

Evaluation criteria

Not yet

achieved

Partially

achieved

Achieved

A clear understanding of Lindiwe$$s legal position and

the validity of Nkosinathis argument is illustrated

using own words.

$034$

Evaluation of correctness of the approach of the

Supreme Court of Appeal in Konstanz Properties

$($Pty$)$ Ltd considering that inaedificatio is classified as

an original method of acquisition of ownership.

$012$

Correct reference to the relevant page number$($s$)$ of

the Study guide in brackets. The answer does not

exceed $15$ lines.

$00,51$