Jim and Jane le Roux Case Study - Kidson v Jimspeed - Law Reflective Writing Assessment Answer

Assessment Task:

Law Reflective Writing Assessment Answer

QUESTION
Jim and Jane le Roux sold their farm to Party Mashabane in 2002. A habitat was duly registered over the cottage on the farm in the name of Jim for as long as he lived. Party made life completely unbearable for the Le Rouxs and they had no option but to pack up and leave the farm. Party demolished the cottage and thereafter sold the farm to P.R. Oblem. After falling on some hard times, the Le Rouxs now want to return to the cottage but P.R. Oblem refuses to permit the Le Rouxs any rights to the farm. He claims that he was unaware of the habitatio when he purchased the farm and that the cottage has in any case been demolished. The question is whether the ius in rem still exists in spite of the destruction of the cottage.

Write an academic article wherein you:
Define and explain: ius in rem, personal servitudes, and the habitatio.

Explain and critically reflect on the opposing positions as discussed in the prescribed case of Kidson v Jimspeed and the Scott article. In the light of transformative constitutionalism, write an opinion or judgement
wherein you either:
•
•
agree with the of the court OR with Scott's argument give reasons for your positon explain your judgement against the background of transformative
constitutionalism You do NOT have to:

state the facts of the case
give a detailed explanation of transformative constitutionalism as explained by Langa in the prescribed article

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