LPL4804 – CONVEYANCING
ASSIGNMENT 1 – SEMESTER 1 2026
DISTINCTION-LEVEL ANSWERS
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ASSIGNMENT OVERVIEW
| Feature | Details |
|---------|---------|
| Module | LPL4804 – Conveyancing |
| Department | Private Law |
| Assignment | 1 |
| Total Marks | 20 |
| Semester | 1 – 2026 |
| Primary Lecturer | Ms S. Motjopi |
| Due Date | 17 March 2026 |
| Instructions | All questions compulsory; no late submissions; not a group assignment |
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QUESTION 1
Draft the vesting clauses for the transferees listed below, as required by the Deeds
Registries Act 47 of 1937 and the regulations issued thereunder. You may use your
imagination for any missing details:
, (a) A partnership where at least one of the partners is married in community of property. (4
marks)
Answer:
The vesting clause for a partnership where a partner is married in community of property
must:
1. Identify the partnership by its registered name and registration number;
2. Name all partners and their marital statuses;
3. For the partner married in community of property, the spouse's written consent must be
obtained and the vesting clause must reflect that the property vests in the partnership.
Draft Vesting Clause:
> "IN FAVOUR OF: [Name of Partnership], a partnership duly registered in terms of the laws
of the Republic of South Africa, with registration number [insert number], represented
herein by [Name of Partner], duly authorised thereto. The partners of the said partnership
are [Name] (married in community of property to [Spouse's Name]), [Name] (married out of
community of property), and [Name] (single). The spouse of the partner married in
community of property, [Spouse's Name], has consented in writing to the acquisition of the
property herein conveyed. The property shall vest in the partnership as an asset of the
partnership."
Rationale: Section 15(9) of the Deeds Registries Act 47 of 1937 requires the written consent
of the spouse of a person married in community of property when that person acquires
immovable property. Additionally, the vesting clause must clearly identify all partners to
ensure that the property forms part of the partnership assets.
ASSIGNMENT 1 – SEMESTER 1 2026
DISTINCTION-LEVEL ANSWERS
---
ASSIGNMENT OVERVIEW
| Feature | Details |
|---------|---------|
| Module | LPL4804 – Conveyancing |
| Department | Private Law |
| Assignment | 1 |
| Total Marks | 20 |
| Semester | 1 – 2026 |
| Primary Lecturer | Ms S. Motjopi |
| Due Date | 17 March 2026 |
| Instructions | All questions compulsory; no late submissions; not a group assignment |
---
QUESTION 1
Draft the vesting clauses for the transferees listed below, as required by the Deeds
Registries Act 47 of 1937 and the regulations issued thereunder. You may use your
imagination for any missing details:
, (a) A partnership where at least one of the partners is married in community of property. (4
marks)
Answer:
The vesting clause for a partnership where a partner is married in community of property
must:
1. Identify the partnership by its registered name and registration number;
2. Name all partners and their marital statuses;
3. For the partner married in community of property, the spouse's written consent must be
obtained and the vesting clause must reflect that the property vests in the partnership.
Draft Vesting Clause:
> "IN FAVOUR OF: [Name of Partnership], a partnership duly registered in terms of the laws
of the Republic of South Africa, with registration number [insert number], represented
herein by [Name of Partner], duly authorised thereto. The partners of the said partnership
are [Name] (married in community of property to [Spouse's Name]), [Name] (married out of
community of property), and [Name] (single). The spouse of the partner married in
community of property, [Spouse's Name], has consented in writing to the acquisition of the
property herein conveyed. The property shall vest in the partnership as an asset of the
partnership."
Rationale: Section 15(9) of the Deeds Registries Act 47 of 1937 requires the written consent
of the spouse of a person married in community of property when that person acquires
immovable property. Additionally, the vesting clause must clearly identify all partners to
ensure that the property forms part of the partnership assets.
