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Silberberg and Schoemans The Law of Property

The first edition of the book was described as the first major work on the South African Law of Property.

Publication Language: English
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R961.17
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ISBN/ISSN: 9780639005263

Product details

The first edition of the book was described as the first major work on the South African Law of Property.

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, eBook and online format, from December 2019. Pre-sales will commence in November, for delivery in December

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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


Introduction


Property as rights


Property as objects of rights


Concept of a thing


Conclusion


Classification of property


Introduction


Patrimonial rights and patrimonial objects


Classification of things


Conclusion


Property rights


Introduction


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


Introduction


Modes of acquisition of real rights


Publicity


Good faith or the doctrine of notice


Imposition of a positive duty


Ownership: general principles


Concept of ownership


Limitations imposed on ownership


Co-ownership


Definition


Rights and duties of co-owners


Original acquisition of ownership


Introduction


Appropriation or occupation


Accession


Specification


Mingling and mixing


Prescription


Expropriation


Derivative acquisition (transfer) of ownership: delivery


Introduction


Delivery of movables


Derivative acquisition: registration of land


Introduction


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


Introduction


Protection of ownership


Loss of ownership


Possession


Introduction


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


Introduction


Protection of possession


Loss of possession


Servitudes


Definition


Classification


Praedial servitudes


Personal servitudes


Restrictive conditions


Introduction


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


Pledge


Cession in security of a debt


Real security created by law


Introduction


Tacit hypothecs


Judicial mortgage


Statutory security rights


Liens


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"


Improvements


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


Conclusion


Other specialised forms of land title


Introduction


Specialised forms of land title


Specific uses of alternatives to common-law landownership


Conclusionary remarks


Property law under the Constitution


Introduction


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


Introduction


Brief historical background


A new constitutional dispensation


Land reform programmes


Other land reform related issues


New property law developments


Conclusion


Mineral and petroleum resources


Historical introduction


Mineral and Petroleum Resources Development Act


Mining Titles Registration Act


Water


- Introduction


Position prior to the new dispensation relating to water


Developments leading to the new water dispensation


The new water dispensation


Bibliography