Question

6.2 Discuss the characteristics of 'Real Rights' in South Africa

Answer 1

South Africa officially the Republic of South Africa (RSA) is the southmost country in Africa.
   Real rights are usually narrated as independent rights and as much can be applied against anyone. South Africa does not have a fasten system of real rights. New categories of real rights to land can be generated and recorded in the deeds office. To decide, whether a right is real, the South Africans courts have, over the years, developed a twofold test.

Characteristics of Real Rights in South Africa:-
a)   Real rights are illustrated with reference to the Supreme Court of appeal.
b)   There are two types of Real Rights:
1.   Ownership.
2.   Limited Real Rights.
c)   South Africa does not have closed list of real rights.
d)   In South Africa, they use the ‘Substraction from Dominium’ test to check whether or not a right created in a will is a real right.