Silberberg and Schoemans the Law of Property 6th Edition
This 6th Edition covers crucial legislative changes and updates its case law references.
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Product description
This 6th Edition covers crucial legislative changes and updates its case law references.
The expanded and highly anticipated 6th Edition builds upon the success of the fifth edition. This complete publication delivers even greater value to both academics and practitioners. Stay up-to-date with relevant changes and updates to legislation, including acts such as the National Environmental Management: Integrated Coastal Management Act 24 of 2008, Infrastructure Development Act 23 of 2014, and the Electronic Deeds Transfer Act 19 of 2019, along with recent case law. This book covers it all, from exploring the legal concept of property and its classifications to examining property rights, types of ownership (including co-ownership), and the protection and loss thereof.
With its longstanding reputation among practitioners and students, it consolidates various aspects of property law, making it your only required resource. Don't miss out on this indispensable title that's your one-stop publication for all things property law.
Available in print, ebook and online format. Online format can only be added to a Lexis+ base package. Visit www.lexisnexis.co.za/lexisplus for more information.
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
