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Silberberg and Schoemans The Law of Property

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ISBN/ISSN: 9780409053180
Published: October 16, 2015
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ISBN/ISSN: 9780409065039
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Ground-breaking legislative and common law developments and new case law have necessitated an update of the current edition of Silberberg and Schoeman's Law of Property.

Apart from being a general update of the existing content of the fourth edition, the fifth edition of Silberberg & Schoeman's deals comprehensively with important new law, such as the Mineral and Petroleum Resources Development Act 28 of 2002 and the Communal Land Rights Act 11 of 2004. New chapters on Constitutional property law and Water law have also been added.

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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