n Stellenbosch Law Review - Using a diagram as a teaching and learning tool for assessing the law of servitudes

Volume 30 Number 3
  • ISSN : 1016-4359


In this article I investigate whether the use of a diagram as a teaching and learning tool for the assessment of the law of servitudes can change a student’s approach from mainly surface learning to deep learning. I set out to do this by providing a brief introduction to the requirements for the establishment of a permanent way of necessity (Van Rensburg v Coetzee) and for the relocation of a defined right of way (Linvestment CC v Hammersley). I adopt the apprenticeship teaching perspective to answer a hypothetical problem posed to students. I then evaluate the answer against the standards of Bloom’s taxonomy and the Council on Higher Education’s LLB qualification standard. This article is a response to the finding by the council’s review panel that there is a misalignment between the teaching and learning practices observed and assessment methods employed in the Faculty of Law at the University of Pretoria. In this article I show that the use of a diagram creates a unique, stimulating teaching and learning environment where assessment promotes both lower and higher-order thinking skills in an experiential learning environment.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error