Reference no: EM133472783
Question 1
Mr Nkosi, a retired attorney, rents a residential property in Sandton. Mr Nkosi's neighbours, the Van Vuurens, own the house next to the house that he is occupying. The Van Vuurens have three sons (Jan, Piet and Koos) who are Unisa students. Jan is a law student and often discusses his Unisa law modules with Mr Nkosi. Jan, Piet and Koos enjoy spending time in the garden with their friends. They also regularly braai over the weekends.
Their parents often go away for long periods and leave their sons at home. During these periods the three sons are very noisy. Mr Nkosi approaches Jan, Piet and Koos's parents to discuss the matter. The parents are very embarrassed to hear about the behaviour of their three sons. They thank Mr Nkosi for informing them. They also apologise for the behaviour of their children. Although the Van Vuurens have a good relationship with Mr Nkosi, Mrs Van Vuuren is concerned that Mr Nkosi (being a retired attorney) might institute legal action against them. Jan informs Mrs Van Vuuren that Mr Nkosi could institute legal action against them.
Unsure about the way forward, Mr Van Vuuren suggests that Jan, the law student, should be involved in solving the matter. Piet and Koos who are both studying psychology do not understand why their neighbour is complaining. They feel that since they live in a house that belongs to their parents, they should be able to do as they please.
Piet and Koos also feel that Mr Nkosi is not always the perfect neighbour since his grandchildren once kicked a rugby ball over the boundary wall and broke a window. Jan, on the other hand, is currently registered for the Property law module at Unisa and is excited to explain to his two brothers and his parents how to approach the situation. He approaches you to discuss some of the questions. Against this background, advise Jan and answer the following questions:
1. Evaluate the opinion of Piet and Koos, namely that they should be allowed to do as they please since the house belongs to their parents.
2. What legal action can Mr Nkosi institute against the Van Vuurens? Will he succeed and what will the general approach of a court be in a situation such as this?
3. Jan, Piet and Koos decide to change their behaviour and apologise to Mr Nkosi. Mr Nkosi is overjoyed because he wants to buy the property that he is currently renting. Mr Nkosi contacted the owners, and they are willing to sell the property. He invites Jan over to discuss how he could acquire ownership of the property. Jan explains that since Mr Nkosi is already in control of the house, the shorthanded method of delivery would apply. Mr Nkosi asks Jan to discuss this advice with his friends. Evaluate Jan's advice to Mr Nkosi and fully explain how Mr Nkosi will become the owner of the property.
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