Law, Military Science and Security Justice in Society

Understanding Real and Personal Rights in Ownership Training

SAQA US 256936 | NQF 6 | Credits 10 | Duration 7 Days
From $1,523 per delegate

Description

This course provides a comprehensive understanding of the distinction between real and personal rights in South African property law, focusing on ownership and possession. Participants will learn to identify and apply these rights in practical contexts, enhancing their ability to manage property-related legal issues within corporate environments.

Learning Outcomes

  • Distinguish between real rights and personal rights in terms of ownership and possession.
  • Apply the principles of real and personal rights to practical scenarios involving property transactions.
  • Analyze the legal implications of ownership and possession in corporate contexts.
  • Evaluate the impact of real and personal rights on property management decisions.
  • Demonstrate an understanding of the registration and enforcement of real rights.
  • Interpret relevant sections of the Deeds Registries Act and common law principles.

Target Audience

This course is designed for legal advisors, property managers, estate agents, and corporate professionals who need to understand property rights in their daily operations. It is also suitable for anyone seeking foundational knowledge of South African property law.

Prerequisites

None — open enrollment

Course Outline

Day 1: Introduction to Property Law and Ownership Concepts

Objectives:
• Define real and personal rights in the context of South African property law.
• Distinguish between ownership and possession.
• Identify the sources of property law.
• Explain the importance of the distinction between real and personal rights.

Topics:
• Overview of South African property law
• Definition and nature of real rights
• Definition and nature of personal rights
• Ownership vs. possession
• Sources of property law: common law, statute, and customary law
• The role of the Constitution in property rights
• Practical examples of real and personal rights

Day 2: Real Rights – Characteristics and Categories

Objectives:
• Describe the characteristics of real rights.
• Differentiate between ownership, servitudes, and real security rights.
• Understand the principle of numerus clausus.
• Analyze how real rights are created and transferred.

Topics:
• Characteristics of real rights: absolute, exclusive, enforceable against the world
• Ownership as the fullest real right
• Servitudes: praedial and personal
• Real security rights: mortgage, pledge, and hypothec
• Numerus clausus of real rights
• Creation of real rights: registration and delivery
• Transfer of real rights

Day 3: Personal Rights – Nature and Examples

Objectives:
• Define personal rights and their essential features.
• Distinguish personal rights from real rights.
• Identify common examples of personal rights.
• Understand the role of obligations in personal rights.

Topics:
• Definition and nature of personal rights
• Essential features: relative, enforceable against specific persons
• Sources of personal rights: contracts, delicts, unjustified enrichment
• Examples: contractual rights, delictual claims
• Distinction between real and personal rights: remedies and enforcement
• The role of obligations and debt
• Personal rights in property transactions

Day 4: Registration and Publicity of Rights

Objectives:
• Explain the purpose of the deeds registration system.
• Describe the process of registering real rights.
• Understand the concept of constructive notice.
• Analyze the consequences of failing to register a real right.

Topics:
• The deeds registration system in South Africa
• Purpose: publicity, security, and priority
• Process of registration: deeds office procedures
• Constructive notice and its legal effect
• Consequences of non-registration: personal vs. real rights
• Electronic registration and modern developments
• Case law on registration

Day 5: Acquisition and Transfer of Ownership

Objectives:
• Identify the modes of acquiring ownership.
• Distinguish between original and derivative acquisition.
• Understand the requirements for valid transfer of ownership.
• Apply the nemo plus iuris rule.

Topics:
• Original acquisition: occupation, accession, specification, commixture
• Derivative acquisition: delivery and registration
• Requirements for transfer: transferor’s capacity, agreement, delivery/registration
• The nemo plus iuris rule: no one can transfer more rights than they have
• Estoppel and exceptions
• Transfer of ownership in movable vs. immovable property
• Practical scenarios

Day 6: Protection of Real and Personal Rights

Objectives:
• Describe remedies available to protect real rights.
• Explain remedies for infringement of personal rights.
• Understand the role of the courts in enforcing property rights.
• Apply remedies to hypothetical situations.

Topics:
• Real remedies: rei vindicatio, interdict, possessory remedies
• Personal remedies: actio ex contractu, actio ex delicto, condictio
• Enforcement of rights: court procedures and orders
• Damages and specific performance
• Protection against unlawful deprivation
• Constitutional protection of property rights
• Case studies

Day 7: Integration and Application in Practice

Objectives:
• Synthesize knowledge of real and personal rights.
• Apply legal principles to complex scenarios.
• Evaluate the impact of property rights on transactions.
• Prepare for assessment.

Topics:
• Review of key concepts and distinctions
• Complex case studies: mixed real and personal rights issues
• Property transactions: sale, lease, mortgage
• Impact of insolvency and liquidation on rights
• Ethical considerations in property law
• Assessment preparation
• Course evaluation and feedback

Practicals

16 hours of practicals To be conducted online or on-campus or in-house
Overview

The practicals provide hands-on experience in applying property law principles to realistic scenarios. Learners will analyze case studies, complete registration documentation, and role-play enforcement actions to solidify understanding.

Practical Activities
  • Case Study Analysis: Distinguishing Real and Personal Rights — Learners work in groups to analyze a set of scenarios and classify each as involving real or personal rights, justifying their answers with reference to legal principles. (4h)
  • Deeds Registration Simulation — Using sample documents, learners simulate the registration of a real right (e.g., a mortgage bond) by completing forms and following the deeds office workflow. (4h)
  • Drafting and Enforcing Rights: Contract and Rei Vindicatio — Learners draft a simple sale agreement (personal right) and then, based on a breach scenario, prepare a rei vindicatio claim (real right remedy). (4h)
  • Mock Trial: Property Dispute Resolution — Learners participate in a mock trial where they argue a property dispute involving both real and personal rights, with roles as plaintiff, defendant, and judge. (4h)

Summatives

Each delegate is assessed continuously throughout the course via daily exercises, scored practical assignments, and a final summative test at the end.

Practical Assignments — 30%

Practical assignments are observed and scored against a rubric during the practical sessions. Each delegate's practical mark is averaged into a single 100% score and contributes 30% to the final total.

Daily Exercises — 20%

Every training day ends with a multiple-choice exercise scored out of 100%. The scores from each daily exercise are averaged across the duration of the course to produce a Daily Average mark, which contributes 20% to the final total.

Final Test — 50%

On the last day a final summative test is written. It is a multiple-choice paper with multiple-answer questions: each question may have more than one correct option, and a single wrong selection on a question marks the entire question wrong — no partial credit. The final test is scored out of 100% and contributes 50% to the overall mark.

Final Total
Component Out of Weight
Practical Assignments (rubric-scored) 100% 30%
Daily Average (multiple choice) 100% 20%
Final Test (multi-answer multiple choice) 100% 50%
Final Total 100%

All marks are recorded on the AATICD LMS and visible to each learner under their account.

Certificate

Certificate of Completion

Awarded to delegates who achieve an overall mark of 50% or higher on the Final Total (Practicals 30% + Daily Average 20% + Final Test 50%).

How it works
  • Certificates are auto-generated on the AATICD LMS as soon as the marks pass the 50% threshold.
  • Each certificate is a branded PDF with the delegate's name, the course title, the unit standard ID, NQF level, credits, and the date of issue.
  • You can download or print your certificate from your LMS dashboard at any time after issue — there's no reissue fee and no expiry date.
  • If you scored under 50% you can sit the final test again at the next scheduled session at no extra cost.
Where to find it

Sign in to the LMS, open your dashboard, and your certificates appear under My Certificates. Each entry has a View / Download button and a print option.

Training Discounts

Group discounts apply automatically — the more delegates you enrol, the greater the saving. Discounts are calculated at 3% per 5 delegates, scaling up to 40% off for 100+ delegates.

Delegates Discount
5 3% off
10 6% off
15 9% off
20 12% off
25 15% off
30 18% off
50 30% off
75 35% off
100 40% off

3% discount per 5 delegates, up to 40% off for 100+ delegates. Contact us for a custom group quote.

Upcoming Training Sessions
Online training — attend live sessions from anywhere via our virtual classroom.
Start End Delivery Season Price Action
Mon 07 Sep 2026 Tue 15 Sep 2026 Virtual Spring 2026 $1,523 Register
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Wed 29 Dec 2027 Thu 06 Jan 2028 Virtual Summer 2027 $1,523 Register
Tue 18 Jan 2028 Wed 26 Jan 2028 Virtual Summer 2027 $1,523 Register
On-Campus training — face-to-face sessions at our training venues across Africa and beyond.
Showing all 492 sessions across 26 venues
Start End Venue Season Price Action
Tue 11 Aug 2026 Wed 19 Aug 2026 Dubai, UAE Winter 2026 $5,929 Register
Wed 12 Aug 2026 Thu 20 Aug 2026 Pretoria, South Africa Winter 2026 $2,284 Register
Thu 13 Aug 2026 Fri 21 Aug 2026 Abu Dhabi, UAE Winter 2026 $5,929 Register
Thu 13 Aug 2026 Fri 21 Aug 2026 Mauritius Winter 2026 $4,525 Register
Fri 14 Aug 2026 Mon 24 Aug 2026 Durban, South Africa Winter 2026 $3,607 Register
In-House training — we bring the trainer to your organisation, tailored to your team.
Start End Delivery Season Price Action
Tue 15 Sep 2026 Wed 23 Sep 2026 Your Premises Spring 2026 $1,982 Register
Mon 05 Oct 2026 Tue 13 Oct 2026 Your Premises Spring 2026 $1,982 Register
Fri 30 Oct 2026 Mon 09 Nov 2026 Your Premises Spring 2026 $1,982 Register
Fri 18 Dec 2026 Mon 28 Dec 2026 Your Premises Summer 2026 $1,982 Register
Thu 21 Jan 2027 Fri 29 Jan 2027 Your Premises Summer 2026 $1,982 Register
Wed 24 Feb 2027 Thu 04 Mar 2027 Your Premises Summer 2026 $1,982 Register
Tue 09 Mar 2027 Wed 17 Mar 2027 Your Premises Autumn 2027 $1,982 Register
Mon 15 Mar 2027 Tue 23 Mar 2027 Your Premises Autumn 2027 $1,982 Register
Fri 26 Mar 2027 Mon 05 Apr 2027 Your Premises Autumn 2027 $1,982 Register
Thu 17 Jun 2027 Fri 25 Jun 2027 Your Premises Winter 2027 $1,982 Register
Wed 07 Jul 2027 Thu 15 Jul 2027 Your Premises Winter 2027 $1,982 Register
Tue 27 Jul 2027 Wed 04 Aug 2027 Your Premises Winter 2027 $1,982 Register
Mon 13 Sep 2027 Tue 21 Sep 2027 Your Premises Spring 2027 $1,982 Register
Fri 08 Oct 2027 Mon 18 Oct 2027 Your Premises Spring 2027 $1,982 Register
Thu 28 Oct 2027 Fri 05 Nov 2027 Your Premises Spring 2027 $1,982 Register
Fri 17 Dec 2027 Mon 27 Dec 2027 Your Premises Summer 2027 $1,982 Register
Thu 06 Jan 2028 Fri 14 Jan 2028 Your Premises Summer 2027 $1,982 Register
Wed 26 Jan 2028 Thu 03 Feb 2028 Your Premises Summer 2027 $1,982 Register
Training Discounts
Delegates Discount
5 3% off
10 6% off
15 9% off
20 12% off
25 15% off
30 18% off
50 30% off
75 35% off
100 40% off

3% off per 5 delegates, up to 40% for 100+

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