LPL4804
EXAM PACK
, lOMoARcPSD|18222662
Question 1.
1. The City of Tshwane has identified a portion of Erf 227 Lotus Gardens Township,
which is registered in the name of Themba Ndlovu. The City of Tshwane intends to
develop a community centre on the aforementioned portion. Officials from the City of
Tshwane approach you, as a conveyancer, for your expertise in expropriation of land.
1.1. What requirements must be met before an expropriation transfer can be
registered by the registrar of deeds?
(10)
1.2. What supporting documents must be lodged with the expropriation
transfer?
(5)
2. According to the Expropriation Act 63 of 1975, who is the registered owner of property?
(4)
3. Sophie is the registered owner of Erf 501 Laium township, measuring 1 500 square
metres. She receives a notice of expropriation that Transnet is to become the owner
of a portion, measuring 500 square metres, as from 10 June of the current year. A
consideration of R 10 000-00 will be paid to Sophie.
3.1. Sophie believes that R 10 000-00 is not a fair compensation for the 500 square
metre portion. What can she do about this?
(3)
3.2. On what date will Transnet become the owner of the property?
3.3. Will Transnet be able to grant a right of way over the property before
it has been registered in its name?
(2)
[25]
8
, lOMoARcPSD|18222662
Question 2.
1. Xolani Mbatha, the registered owner of land in Johannesburg, mortgaged to
Absa bank, sells the property to John Zulu. John Zulu does not have enough
cash to pay for the land. Fortunately, Nedbank is prepared to lend John Zulu
one hundredpercent of the purchase price, provided that a mortgage bond is
registered in favour of Nedbank over the land being acquired to secure
repayment of the loan.
In addition to preparing and registering the deed of transfer from Xolani Mbatha
to John Zulu, what other duties must the transferring conveyancer perform
simultaneously?
(12)
2. Assume that you are a conveyancer, and you have been instructed to
transfer the land held under Deed of Transfer T2345/2024 from Sipho Gumede
to Peter Jones. The property is not currently mortgaged, Peter but Jones has
obtained finance from First National Bank, which is to be secured by a mortgage
bond. Redraw and complete the excerpt from a lodgement cover below:
(10)
3. What do the following codes/ abbreviations commonly used on the
lodgement cover mean?
3.1. T (1)
3.2. BC (1)
3.3. VA (1)
(3)
[25]
9
, lOMoARcPSD|18222662
Question 3
1. Miss X, who owns various immovable properties registered in her name,
subsequently marries Mr Y in community of property. Can Mr Y be cited as
the owner / transferor, and is he authorised to sign the transfer documents
for the aforementioned properties? Provide authority for your answer.
(5)
2. Indicate what information must be included in the recital / causa of the
following estate transfers:
3.1. The property in the estate of the late Ben Botes (No. T123/2007) is
to be transferred to Jan Lowe. Ben Botes was married in
community of property to Susan Botes at the time of his death.
Koos Calitz is the executor of the estate.
(5)
3.2. The property is registered in the name of Mary Masela, who was married out
of community of property. Mary and her husband, Joe Masela, signed a joint
will in which they massed their estates upon the death of the first dying. In
terms of the will, any property registered in their names must be transferred to
Arnold Masela, subject to usufruct in favour of the surviving spouse. Joe has
died and Mary has adiated under the will. The property registered in Mary’s
name is about to be transferred to Arnold.
(10)
3. The property in the estate of the late Ben Botes No. T123/2007) is to be
transferred to Susan Botes, to whom Ben Botes was married in
community of property. Koos Calitz is the executor of the estate.
(5)
[25]
10
EXAM PACK
, lOMoARcPSD|18222662
Question 1.
1. The City of Tshwane has identified a portion of Erf 227 Lotus Gardens Township,
which is registered in the name of Themba Ndlovu. The City of Tshwane intends to
develop a community centre on the aforementioned portion. Officials from the City of
Tshwane approach you, as a conveyancer, for your expertise in expropriation of land.
1.1. What requirements must be met before an expropriation transfer can be
registered by the registrar of deeds?
(10)
1.2. What supporting documents must be lodged with the expropriation
transfer?
(5)
2. According to the Expropriation Act 63 of 1975, who is the registered owner of property?
(4)
3. Sophie is the registered owner of Erf 501 Laium township, measuring 1 500 square
metres. She receives a notice of expropriation that Transnet is to become the owner
of a portion, measuring 500 square metres, as from 10 June of the current year. A
consideration of R 10 000-00 will be paid to Sophie.
3.1. Sophie believes that R 10 000-00 is not a fair compensation for the 500 square
metre portion. What can she do about this?
(3)
3.2. On what date will Transnet become the owner of the property?
3.3. Will Transnet be able to grant a right of way over the property before
it has been registered in its name?
(2)
[25]
8
, lOMoARcPSD|18222662
Question 2.
1. Xolani Mbatha, the registered owner of land in Johannesburg, mortgaged to
Absa bank, sells the property to John Zulu. John Zulu does not have enough
cash to pay for the land. Fortunately, Nedbank is prepared to lend John Zulu
one hundredpercent of the purchase price, provided that a mortgage bond is
registered in favour of Nedbank over the land being acquired to secure
repayment of the loan.
In addition to preparing and registering the deed of transfer from Xolani Mbatha
to John Zulu, what other duties must the transferring conveyancer perform
simultaneously?
(12)
2. Assume that you are a conveyancer, and you have been instructed to
transfer the land held under Deed of Transfer T2345/2024 from Sipho Gumede
to Peter Jones. The property is not currently mortgaged, Peter but Jones has
obtained finance from First National Bank, which is to be secured by a mortgage
bond. Redraw and complete the excerpt from a lodgement cover below:
(10)
3. What do the following codes/ abbreviations commonly used on the
lodgement cover mean?
3.1. T (1)
3.2. BC (1)
3.3. VA (1)
(3)
[25]
9
, lOMoARcPSD|18222662
Question 3
1. Miss X, who owns various immovable properties registered in her name,
subsequently marries Mr Y in community of property. Can Mr Y be cited as
the owner / transferor, and is he authorised to sign the transfer documents
for the aforementioned properties? Provide authority for your answer.
(5)
2. Indicate what information must be included in the recital / causa of the
following estate transfers:
3.1. The property in the estate of the late Ben Botes (No. T123/2007) is
to be transferred to Jan Lowe. Ben Botes was married in
community of property to Susan Botes at the time of his death.
Koos Calitz is the executor of the estate.
(5)
3.2. The property is registered in the name of Mary Masela, who was married out
of community of property. Mary and her husband, Joe Masela, signed a joint
will in which they massed their estates upon the death of the first dying. In
terms of the will, any property registered in their names must be transferred to
Arnold Masela, subject to usufruct in favour of the surviving spouse. Joe has
died and Mary has adiated under the will. The property registered in Mary’s
name is about to be transferred to Arnold.
(10)
3. The property in the estate of the late Ben Botes No. T123/2007) is to be
transferred to Susan Botes, to whom Ben Botes was married in
community of property. Koos Calitz is the executor of the estate.
(5)
[25]
10
