LPL4802 ASSIGNMENT 1 2026
DUE AUGUST 2026
Question 1 Sarah and Steven were married in terms of customary law on the 1
June 2026 and have not entered into an antenuptial contract. Steven is the
registered owner of Erf 3033 Bryanston Township by virtue of deed of transfer
T1422/2023 acquired before entering the marriage. The couple wishes to amend
the existing title deed T1422/2023 to include the name of Sarah. How will you
achieve this mandate, cite the relevant section in terms of the Deeds Registries
Act 47 of 1937? (4)
"How will you achieve this mandate, cite the relevant section in terms of the
Deeds Registries Act 47 of 1937?"
The mandate to include Sarah's name on the title deed of Erf 3033 Bryanston Township
(held under Deed of Transfer T1422/2023) can be achieved by way of
an endorsement on the existing title deed.
Relevant section: Section 17(4) of the Deeds Registries Act 47 of 1937.
1.1 The Matrimonial Property Position Under the Recognition of Customary
Marriages Act
Sarah and Steven concluded a customary marriage on 1 June 2026 without having
entered into an antenuptial contract. In terms of section 7(2) of the Recognition of
Customary Marriages Act 120 of 1998, a monogamous customary marriage entered into
after the commencement of that Act is a marriage in community of property and of profit
, and loss, unless such consequences are specifically excluded by the spouses in an
antenuptial contract. Since no such contract was concluded, the marriage is in
community of property.
In terms of section 7(2) of the Recognition of Customary Marriages Act, all property
owned by either spouse, whether acquired before or after the marriage, together with
debt, forms part of the joint estate. Consequently, Erf 3033 Bryanston Township,
although acquired by Steven before the marriage, forms part of the joint estate.
The Definition of "Owner" Under Section 102
Under section 102 of the Deeds Registries Act 47 of 1937, "owner" is defined in relation
to immovable property. Importantly, paragraph (b) of the definition extends the meaning
of "owner" to include
where the property is registered in the name of only one spouse and which forms part of
the joint estate of both spouses in a marriage in community of property ... either spouse
or both spouses.
This provision establishes that, for legal purposes, both Sarah and Steven are
recognised as owners of Erf 3033 Bryanston Township, notwithstanding that the
property is registered solely in Steven's name.
The Correct Procedure: Section 17(4) of the Deeds Registries Act
Under section 17(4) of the Deeds Registries Act 47 of 1937, the registrar is required to
endorse a deed where
"(a) is registered in the name of a person who has married since the registration took
place; ... (d) is registered in the name of a person who on the date of the registration
was a party to a marriage governed by the Recognition of Customary Marriages Act,
1998 (Act No. 120 of 1998)".
DUE AUGUST 2026
Question 1 Sarah and Steven were married in terms of customary law on the 1
June 2026 and have not entered into an antenuptial contract. Steven is the
registered owner of Erf 3033 Bryanston Township by virtue of deed of transfer
T1422/2023 acquired before entering the marriage. The couple wishes to amend
the existing title deed T1422/2023 to include the name of Sarah. How will you
achieve this mandate, cite the relevant section in terms of the Deeds Registries
Act 47 of 1937? (4)
"How will you achieve this mandate, cite the relevant section in terms of the
Deeds Registries Act 47 of 1937?"
The mandate to include Sarah's name on the title deed of Erf 3033 Bryanston Township
(held under Deed of Transfer T1422/2023) can be achieved by way of
an endorsement on the existing title deed.
Relevant section: Section 17(4) of the Deeds Registries Act 47 of 1937.
1.1 The Matrimonial Property Position Under the Recognition of Customary
Marriages Act
Sarah and Steven concluded a customary marriage on 1 June 2026 without having
entered into an antenuptial contract. In terms of section 7(2) of the Recognition of
Customary Marriages Act 120 of 1998, a monogamous customary marriage entered into
after the commencement of that Act is a marriage in community of property and of profit
, and loss, unless such consequences are specifically excluded by the spouses in an
antenuptial contract. Since no such contract was concluded, the marriage is in
community of property.
In terms of section 7(2) of the Recognition of Customary Marriages Act, all property
owned by either spouse, whether acquired before or after the marriage, together with
debt, forms part of the joint estate. Consequently, Erf 3033 Bryanston Township,
although acquired by Steven before the marriage, forms part of the joint estate.
The Definition of "Owner" Under Section 102
Under section 102 of the Deeds Registries Act 47 of 1937, "owner" is defined in relation
to immovable property. Importantly, paragraph (b) of the definition extends the meaning
of "owner" to include
where the property is registered in the name of only one spouse and which forms part of
the joint estate of both spouses in a marriage in community of property ... either spouse
or both spouses.
This provision establishes that, for legal purposes, both Sarah and Steven are
recognised as owners of Erf 3033 Bryanston Township, notwithstanding that the
property is registered solely in Steven's name.
The Correct Procedure: Section 17(4) of the Deeds Registries Act
Under section 17(4) of the Deeds Registries Act 47 of 1937, the registrar is required to
endorse a deed where
"(a) is registered in the name of a person who has married since the registration took
place; ... (d) is registered in the name of a person who on the date of the registration
was a party to a marriage governed by the Recognition of Customary Marriages Act,
1998 (Act No. 120 of 1998)".
