In $2022,$ Mr$.$ and Mrs$.$ Khumalo sold their farm to Peter and Jenny who are married in

community of property. A right of usufructuary was reserved over the farmstead in

favour of the Khumalos for as long as they lived. This right has not yet been registered

against the title deed of the farm. Peter and Jenny sold the farm to Matilda, who knew

about the usufructuary agreement between Peter, Jenny and the Khumalos.

Matilda decides to develop a part of the farm as a sectional title unit complex. However,

legislation stipulates that the area must only be utilised for agricultural purposes.

Matilda, nevertheless, developed a sectional title unit complex on a portion of the farm

because, in her opinion, the farm belongs to her, and therefore, she is allowed to make

her own decisions regarding the farm.

Matilda makes life unbearable for the Khumalos due to constant excavations near their

farmstead. As a result of the nuisance and Matilda$$s ill$-$mannered behaviour towards

them, the Khumalos had to leave the farmstead on the farm on which they lived. The

Khumalos describe themselves as pensioners struggling to make ends meet on their

small state pension. They are unable to afford accommodation in town. After the

Khumalos left, Matilda moved into the homestead previously occupied by the

Khumalos. They now wish to return to the farmstead on their erstwhile farm.

Furthermore, Matilda signs a lease agreement with Mr$.$ and Mrs$.$ Williams over one of

the newly developed sectional title units on the farm for $12$ months. After $6$ months,

Matilda sold the sectional title unit leased by Mr$.$ and Mrs$.$ Williams to a Property

Development Company

The Property Development Company seeks to evict the Williamses, remove the locks

from the building, and fit new locks. The company locks all entrances to the premises

and effectively debars the Williamses from using or entering the premises.

Matilda decided to enter into a building contract with Sunshine Construction Company

to develop a shopping complex on the portion of her farm as she feels that the

surrounding neighbourhoods do not have a proper shopping complex attending to all

the needs of the community.

Matilda loaned R$100000\mathrm{.}00$ to one of the residents, Jill, in her sectional title unit

complex. As security for the loan, she demands that Jill provide security so the debt

$4$

will be paid off. Jill said she would deliver her car to Matilda as security and pay back

the outstanding balance. However, Jill fails to do so$.$

Matilda decided to move abroad temporarily for a period of $15$ years. Before she

leaves, she appoints her long$-$time friend, Bella, as an agent to manage only the farm's

affairs. Contrary to her mandate, Bella fraudulently sells the vacant portion of the farm

to an unsuspecting third party, Xolisa. Xolisa purchases the vacant portion of the farm,

only to find out a few years later that Bella was not the owner of the farm and that she

was not authorised to sell the farm.

Keeping this set of facts in mind, answer all the questions below. Motivate your

answers with reference to the most relevant prescribed material for this module.

$1.$ How will Matilda become the owner of the farm that previously belonged to the

Khumalos and later Peter and Jenny? Your answer should briefly deal with all relevant

requirements. $(10)$

$[$Your answer should not exceed $20$ lines.$]$

$2.$ As indicated, Matilda is of the view that she can develop a sectional title unit complex

and a shopping complex on her farm despite legislation that prohibits such

developments because the farm belongs to her. Evaluate the correctness of her view.

Briefly motivate your answer. $(5)$

$[$Your answer should not exceed $10$ lines.$]$

$3.$ Is the legislation prohibiting Matilda from using her farm for other purposes besides

agricultural purposes a deprivation of her property rights? Fully motivate your answer.

$(7)$

$[$Your answer should not exceed $15$ lines.$]$

$4.$ The state would like to expropriate Matilda$$s land. Identify and briefly describe the legal

procedure that should be followed for the state to be successful. $(6)$

$[$Your answer should not exceed $10$ lines.$]$

$5$

$5.$ Does Mr$.$ and Mrs$.$ Khumalo have a servitude right regarding the farmstead? If so$,$

what is the nature of the right and the real relationship that Mr$.$ and Mrs$.$ Khumalo have

with regard to the farmstead on Matilda$$s farm? $(8)$

$[$Your answer should not exceed $15$ lines.$]$

$6.$ Identify, describe, and apply the test formulated in Ex Parte Geldenhuys $(1926$ OPD

$155)$ to determine the nature of the Khumalos' and Williamses$$ rights regarding the

respective properties. $(7)$

$[$Your answer should not exceed $15$ lines.$]$

$7.$ Can the Property Development Company evict Mr$.$ and Mrs$.$ Williams from the

sectional title unit in terms of the Prevention of Illegal Eviction from and Unlawful

Occupation of Land Act $19$ of $1998($PIE$)$ considering the fact that they have a valid

lease agreement? Fully subs