Mr Nkosi, a retired attorney, owns a residential property in Pretoria. The Pienaars, own the house next to Mr Nkosi's house. Mr Nkosi has a beautiful garden with very big Jacaranda trees. Although the Pienaars adore the trees, the branches are overhanging on their property. During the Spring season, hundreds of purple flowers end up falling on their lawn to make it look untidy. In summer the branches prevent their lawn from getting enough sunlight. There is also a very big Marula tree in the garden of the Pienaars. A few months ago, they considered removing the Marula tree, but Mr Nkosi informed them that the Marula tree is a protected tree species in terms of section 15(3) of the National Forest Act 84 of 1998 which means that they are not allowed to remove the tree without a licence granted by the Minister of Environment, Forestry and Fisheries. The Pienaars do not want to upset Mr Nkosi, because they know that he is fond of his Jacaranda trees. A friend of the Pienaars, Lora, told them that since Mr Nkosi owns the property the trees also belong to him and, therefore, he can do with the trees and the property as he wishes. Against this background, answer the following questions: Refer to South African law and provide intext references where possible.

1.1 Evaluate the correctness of Lora's opinion that Mr Nkosi should be allowed to do what he wants since the property belongs to him. [6] [Your answer should not exceed 10 lines.]

1.2 Advise the Pienaars about their legal position and options regarding the flowers and the overhanging branches of the Jacaranda trees. [8] [Your answer should not exceed 16 lines.]

1.3 The Pienaars feel aggrieved about the provision regarding the removal of the Marula tree. They went to their computer and asked ChatGPT for legal advice on the matter and the answer that was created indicated that the provision in terms of the National Forest Act 84 of 1998 could possibly contravene their right to property in terms of section 25(1) of the Constitution, 1996. Briefly explain to them how a court could possibly approach the Constitutionality of the provision. 4 [Your answer should not exceed 10 lines.] [5]

1.4 The Pienaars decide that they do not want to confront Mr Nkosi about the trees. Since their children moved out of the house, they realise that it is time for them to move to a smaller house. They sell the house to a good friend, of theirs, Johnny, who already rents a garden flat on their property. How will Johnny become the owner of the property of the Pienaars? Your answer should briefly deal with all relevant requirements.