Convenient Shopping
Authoritative Content
Secure Checkout

Silberberg and Schoemans the Law of Property 6th Edition

The fifth edition saw an expansion of the content adding further value to the publication for academics as well as practitioners, Between the last edition and present date there have been relevant changes and u

Publication Language: English
In Stock
ISBN/ISSN: 9780639008462

Product description

The fifth edition saw an expansion of the content adding further value to the publication for academics as well as practitioners, Between the last edition and present date there have been relevant changes and updates to legislation, for example the National Environmental Management: Integrated Coastal Management Act 24 of 2008, Infrastructure Development Act 23 of 2014, the Electronic Deeds Transfer Act 19 of 2019, as well as recent case law. The 6th Edition of this authoritative, comprehensive commentary on the principles of the law of property, is now available and incorporates the above-mentioned changes in addition to many other relevant updates to the text

Apart from the introductory chapters looking at the legal concept of property, its classifications and property rights, the book also looks at the different types of ownership of property, including co-ownership, as well as the protection and loss thereof.

This product and its title have a long standing reputation amongst practitioners as well as students. It consolidates various aspects of property law, making it a one stop publication for students and practitioners.

Silberberg & Schoeman's: The Law of Property (6th Ed), will be available in print (end December 2019), eBook (end January 2020) and online format (end January 2020). Pre-sales will commence in November, for delivery in December.


Featured Authors

Table of contents

Meaning and scope of the law of property

"Property" in the law: a preliminary definition

Function and substance of the law of property

Changing face of the law of property

Legal concept of property


Property as rights

Property as objects of rights

Concept of a thing


Classification of property


Patrimonial rights and patrimonial objects

Classification of things


Property rights


Categories of real rights

Legal nature of a real right

Approach of the courts

Registration of real rights

Registration of personal rights

Registrability of real rights and the changing face of property law

Acquisition of property rights


Modes of acquisition of real rights


Good faith or the doctrine of notice

Imposition of a positive duty

Ownership: general principles

Concept of ownership

Limitations imposed on ownership



Rights and duties of co-owners

Original acquisition of ownership


Appropriation or occupation



Mingling and mixing



Derivative acquisition (transfer) of ownership: delivery


Delivery of movables

Derivative acquisition: registration of land


Development of the South African system of land registration

Functioning of the South African system of land registration

Basic principles of the transfer of real rights by registration

Nature and effect of the South African system of land registration

Significance and future of the registration system

Protection and loss of ownership


Protection of ownership

Loss of ownership



Nature of possession

Right of possession and the intention to control a thing

Objective control element

Mental (animus) element

Civil possession and natural possession

Possessio iusta and possessio iniusta

Possession and the so-called presumption of ownership

Protection and loss of possession


Protection of possession

Loss of possession




Praedial servitudes

Personal servitudes

Restrictive conditions


Contents of restrictive conditions

Legal nature of restrictive conditions

The enforcement of restrictive conditions

Interpretation of restrictive conditions

Removal or modification of restrictive conditions

Mortgage and pledge

General introduction to real security

Interrelationship between a mortgage and the principal obligation

Subject matter of a mortgage

Special mortgages of immovable property

Participation bonds

Notarial bonds over movable property


Cession in security of a debt

Real security created by law


Tacit hypothecs

Judicial mortgage

Statutory security rights


Sale of land on instalments

Limited real rights flowing from leases

The nature of a lease

Long leases

Short leases and the maxim "huur gaat voor koop"


Lessor's tacit hypothec

Subleases, cessions and assignments

Sectional titles

Introduction and historical overview

Legislative innovation and the dogmatic basis of sectional ownership

Establishment of a sectional title scheme

Marketing of the scheme and consumer protection

Key managerial aspects of sectional title schemes

Content of sectional ownership


Other specialised forms of land title


Specialised forms of land title

Specific uses of alternatives to common-law landownership

Conclusionary remarks

Property law under the Constitution


Structure, application and interpretation of section 25

Threshold test: constitutional meaning and scope of property

Infringements on property

Property in constitutional law, common law and legislation: relationship and influence

Land reform


Brief historical background

A new constitutional dispensation

Land reform programmes

Other land reform related issues

New property law developments


Mineral and petroleum resources

Historical introduction

Mineral and Petroleum Resources Development Act

Mining Titles Registration Act


- Introduction

Position prior to the new dispensation relating to water

Developments leading to the new water dispensation

The new water dispensation