Regspraak: Géén teenprestasie vir ’n serwituut van parkering oor eiendom van ’n aandeleblokskema – bedenklik – ook wat kompetensie betref

The consequence of encumbering property with a perpetual praedial servitude is to burden all subsequent rightful holders of the servient tenement with the encompassing restriction to their entitlements as holders of the real right to the property. Such an encumbrance results in a severe subtraction from the dominium of the servient property. It would be deemed proof of prodigality if an owner were to consider such encumbrance unless a reasonable quid pro quo is received in lieu of the encumbrance, and this may take the form of damages payable to the owner of the servient property. The competencies of prodigals are restricted in their own interest and any perceived unassisted disposals of their assets are deemed a nullity. The same applies to any perceived disposal of valuable assets if the law limits the competency of the party to the disposal. In light of the premise that when in doubt any presumed servitude should be interpreted restrictively it is submitted that a court should be sceptical when claim is laid to a perpetual servitude encumbering 250 out of a total of 311 parking spaces in a housing development scheme for retired persons for the benefit of unspecified generations of clients frequenting businesses housed on the neighbouring property if no meaningful quid pro quo was paid by the owner of the neighbouring property and the competence of the directors who mandated a lawyer to register the servitude may be doubted. In order to protect the interest of holders of an interest in a share block scheme or a housing development scheme for retired persons the legislature enacted that any subtraction from the dominium of such schemes as owners of immovable property may only be agreed to when mandated by a special resolution. In the Olive Marketing case no special resolution was minuted where the required decision had been taken. On account of a stipulatio alteri the first defendant acquired the property from the eThekwini Municipality in terms of an agreement of sale to which it was not a party. The sale agreement provided that a parking servitude over the subject property would be created in favour of the adjoining property as dominant tenement. The court held that: it was the clear intention of the municipality and the buyer to create a praedial servitude, and the agreement of sale accurately reflected this intention. This judgement regarding the obligatory agreement may be sound but it is submitted that the court failed to consider whether any valid real agreement could be concluded to transfer the limited real right of the servitude unless the statutory requirements were met. By its signature to the sale agreement, the buyer had bound itself to grant and register the servitude, but the buyer never acquired ownership of the property. The plaintiff only acquired ownership of the perceived dominant property fourteen years later and was not a party to the original sale. Therefore, it is doubtful whether he was entitled to compel the first defendant to cooperate in registration and the utilisation of the so-called praedial servitude. If a servitude was involved, it is submitted that at most a personal servitude could have been considered, because the utilisation of the parking spaces does not meet the requirement that the entitlement of the servitude must benefit the dominant property and not the drivers of the vehicles seeking parking. It is comparable to the well-known examples of a personal servitude to play tennis on the servient property or the walk on that property, but such a personal servitude is not transferable and is extinguished by the death of the holder. It does not burden the servient property in perpetuity. The court’s finding that the special resolution requirement under section 4B of the Housing Development Schemes for Retired Persons Act 65 of 1988 was not applicable because the registration of the servitude did not impact on a right of occupation under the act cannot be supported. The special resolution requirement prohibits not merely the alienation of land intended to be used for occupational purposes in the narrow sense but also aspects that impact on the quality of the housing of the residents including the parking facilities. It is submitted that any subtraction from the dominium is included under the restriction and requires a special resolution and the transfer of such a perpetual praedial servitude does subtract from the dominium.

Property

This chapter traces changing Anglo-European conceptions of property and their legal manifestations since John Locke, focusing on the common law world. Tracing this history of property requires an attentiveness to constructions of race. The chapter begins by outlining Locke’s concept of property and its relationship to seventeenth- and eighteenth-century British colonialism. Engaging with Cheryl Harris’s crucial insight that whiteness is property, it discusses conceptual and legal overlaps between having and being in dominant property regimes. The Lockean concept of property constructed land as an object essentially interchangeable with capital, a notion which found legal form in title registration and other legal initiatives which made land more alienable than it had previously been, thus assisting the colonial project of Indigenous dispossession. With the growth of the corporation and the credit economy since the nineteenth century, ownership has been divorced from control in ways that challenge the model of property put forward by Locke and other Anglo-European philosophers. In the culture of debt which pervades twenty-first-century capitalist economies, the subject of property is often also a debtor. This subject tends to be produced not through labor or metaphysical recognition but through increasingly algorithmic consumer surveillance and risk profiling which reproduces social categories including race. To understand property’s changing formations, there is a need for approaches that take seriously property’s white supremacist history and seek out alternative modes of having and being.

Powder Intrinsic Properties as Dustiness Predictor for an Efficient Exposure Assessment?

Dustiness is not an intrinsic physically defined property of a powder, but the tendency of particles to become airborne in response to mechanical and/or aerodynamic stimuli. The present study considers a set of 10 physical properties to which the powder dustiness can be attributed. Through a preliminary investigation of a standardized continuous drop test scenario, we present first set of results on the varying degrees or weights of influence of these properties on the aerosolization tendency of powder particles. The inter-particle distance is found to be the most dominant property controlling the particle aerosolization, followed by the ability of powder particles to get electrostatically charged. We observe the kinetics involved during powder aerosolization to be governed by two ratios: drag force/cohesive force and drag force/gravitational force. The converging tendencies in these initial results indicate that these physical properties can be used to model dustiness of falling powder, which can eventually be used in risk assessment tools for an efficient exposure estimation of the powders.

From Switching Arcs to Ball Lightning to Curing Cancer!

Previous modelling of switching has been through calculation of reductions in temperature of the arc at "current zero". "Enthalpy density" as a function of temperature is found to be an important property. New calculations now include an account of non-equilibrium electron density as a function of time through current zero and it is found that electron attachment rates, which are very large for SF₆, could be a dominant property. Modelling discharges is having other successes, for example in explaining "ball lightning" observations inside of houses and aircraft, which suddenly appear, usually at glass windows. Discharge modelling suggests these observations might be explained by the production of "singlet delta" metastable molecules of oxygen in electrical discharges in air. If metastable densities are sufficient, electrons can be produced from the detachment of negative ions to produce radiation and explain ball lightning. An exciting new development is that plasmas from electric corona in air have been found to reduce the size of cancer tumours. These excited oxygen molecules have also been proposed as having a role in this remarkable interchange between classical electrical engineering and medical science.

Effects of Concentration and Temperature on Rheological Properties of Mixture of HPMC and CMC Solutions

This work was designed to study the rheologicl properties of mixture of HPMC and CMC solutions because their rheologicl properties are very important in no matter food or pharmaceutical industry processing operations. Experiments were performed at different mixture ratios, shear rates and temperatures. The static and dynamic rheological properties tests were measured through the rheometer AR-550 and were investigated by using Power Law equation, Cross equation and Arrhenius equation. The results showed that the HPMC-CMC solutions behaved as typical Non-Newtonian shear-thinning fluids and had stronger non-Newtonian nature. With the concentration(CMC)increasing, consistency coefficient K, Zero Shearing Viscosity η0,viscous flow activation energy E, storage modulus G and loss modulus G all increased but decreased with the temperature increasing, except for Non-Newtonian index n. And viscosity was the dominant property in the mixture of HPMC-CMC solutions.

Effect of Interfacial Tension on the Emulsification of Slag - Considerations on the CFD Modelling of Dispersion

Top slag emulsification is a significant phenomenon in refining metallurgy. During bottom-or side-blowing, the flowing steel detaches small droplets from the top slag. The interfacial energy between liquid slag and steel is one of the most important factors affecting to emulsification. Surface energy, which can be described by interfacial tension, is the dominant property when determining slag emulsification. During chemical reactions, mass transfer between the phases decreases the interfacial tension at the slag-steel interface. The change in the interfacial tension affects the droplet formation.In this paper, the effect of interfacial tension on the emulsification was studied with Computational Fluid Dynamics (CFD) modelling. Three cases were simulated by considering a 3-phase system consisting of slag, steel and gas. A small area, where a 15 mm slag layer lies on top of the liquid steel, was simulated applying three different interfacial tensions, while keeping other properties unaltered. Gas was included to enable a free slag top-surface. The droplet diameter, size distribution and amount of droplets are in the scope of interest. It was found that the Sauter mean diameter of the slag droplets increased as the interfacial tension increased. The emulsification fraction varied between 1.621.95%.

Taking nature into lab: biomineralization by heavy metal-resistant streptomycetes in soil

Biomineralization by heavy metal-resistant streptomycetes was tested to evaluate the potential influence on metal mobilities in soil. Thus, we designed an experiment adopting conditions from classical laboratory methods to natural conditions prevailing in metal-rich soils with media spiked with heavy metals, soil agar, and nutrient-enriched or unamended soil incubated with the bacteria. As a result, all strains were able to form struvite minerals (MgNH4PO4• 6H2O) on tryptic soy broth (TSB)-media supplemented with AlCl3, MnCl2 and CuSO4, as well as on soil agar. Some strains additionally formed struvite on nutrient-enriched contaminated and control soil, as well as on metal contaminated soil without addition of media components. In contrast, switzerite (Mn3(PO4)2• 7H2O) was exclusively formed on minimal media spiked with MnCl2 by four heavy metal-resistant strains, and on nutrient-enriched control soil by one strain. Hydrated nickel hydrogen phosphate was only crystallized on complex media supplemented with NiSO4 by most strains. Thus, mineralization is a dominant property of streptomycetes, with different processes likely to occur under laboratory conditions and sub-natural to natural conditions. This new understanding might have implications for our understanding of biological metal resistance mechanisms. We assume that biogeochemical cycles, nutrient storage and metal resistance might be affected by formation and re-solubilization of minerals like struvite in soil at microscale.

Recent Progress on Submersions: A Survey and New Properties

This paper is a survey about recent progress on submersive morphisms of schemes combined with new results that we prove. They concern the class of quasicompact universally subtrusive morphisms that we introduced about 30 years ago. They are revisited in a recent paper by Rydh, with substantial complements and key results. We use them to show Artin-Tate-like results about the 14th problem of Hilbert, for a base scheme either Noetherian or the spectrum of a valuation domain. We look at faithfully flat morphisms and get “almost” Artin-Tate-like results by considering the Goldman (finite type) points of a scheme. Bjorn Poonen recently proved that universally closed morphisms are quasicompact. By introducing incomparable morphisms of schemes, we are able to characterize universally closed surjective morphisms that are either integral or finite. Next we consider pure morphisms of schemes introduced by Mesablishvili. In the quasicompact case, they are universally schematically dominant morphisms. This leads us to a characterization of universally subtrusive morphisms by purity. Some results on the schematically dominant property are given. The paper ends with properties of monomorphisms and topological immersions, a dual notion of submersions.

Taking nature into lab: biomineralization by heavy metal resistant streptomycetes in soil

Biomineralization by heavy metal resistant streptomycetes was tested to evaluate the potential influence on metal mobilities in soil. Thus, we designed an experiment adopting conditions from classical laboratory methods to natural conditions prevailing in metal-rich soils with media spiked with heavy metals, soil agar, and nutrient enriched or unamended soil incubated with the bacteria. As a result, all strains were able to form struvite minerals on tryptic soy broth (TSB) media supplemented with AlCl2, MnCl2 and CuSO4, as well as on soil agar. Some strains additionally formed struvite on nutrient enriched contaminated and control soil, as well as on metal contaminated soil without addition of media components. In contrast, switzerite was exclusively formed on minimal media spiked with MnCl2 by four heavy metal resistant strains, and on nutrient enriched control soil by one strain. Hydrated nickel hydrogen phosphate was only crystallized on complex media supplemented with NiSO4 by most strains. Thus, mineralization is a~dominant property of streptomycetes, with different processes likely to occur under laboratory conditions and sub-natural to natural conditions. This new understanding may be transferred to formation of minerals in rock and sediment evolution, to ore deposit formation, and also might have implications for our understanding of biological metal resistance mechanisms. We assume that biogeochemical cycles, nutrient storage and metal resistance might be affected by formation and re-solubilization of minerals like struvite in soil at microscale.