LPL4805 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 18 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!

LPL4805 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 18 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED! Question 1. Briefly discuss the guidelines laid down in Ex Parte Oxford (1920 CPD 367) for a court application to register a postnuptial contract. (17) Question 2. 2.1. Joe, Jill and June are the co-owners in equal shares of the farm Mooiplaas. Jill requests you to draw up her will, in term of which she inter alia bequeaths her one-third share in the farm in equal parts to Joe and June. Advise Jill on the legal position and the practical execution of such a bequest. 2.2 Y wishes to let a section of his farm on a long-term basis to X. Name the essential requirements that must be met before the lease contract will be accepted for registration. Question 3. X is the owner of a residential erf in town which she leases to Z. X is also the holder of a usufruct over the farm, Moreson, just outside the town where she farms. X borrows money from a family member Y. X instructs you, a notary, to draft and register in the deeds registry, a notarial bond over these two assets in favour of Y as security for payment of the debt. Fully explain whether you will be able to execute the instruction. [10] Question 4. 4.1. When may the Master of the High Court remove a trustee of a trust? (6) 4.2. What should be contained in a power of attorney in order for it to be in line with the deed registry’s requirements? (7) 4.3. What are the supplementary provisions in respect of the debt and real security relationship that have to be contained in a notarial bond? (8) 4.4. What are the required periods for the registration of a notarial bond in more than one deeds office? (4) [25] Question 5. 5.1. Discuss the characteristics of servitudes. (6) 5.2. How may servitudes be terminated? (7) 5.3. X and Y executed their antenuptial contract while on holiday in the Kruger National Park in the presence of their friend, who is a notary public. Where will the antenuptial contract be registered? (5) [18] Question 6. 6.1 X, who owns a holiday home in Port Alfred, has been transferred abroad by his employer. X agrees with his neighbour, Y, to maintain the house and garden for a period of 10 years. X and Y execute, before you as notary, a notarial agreement and request you to register the agreement in the Deeds Registry. Will the Registrar of Deeds accept the conditions of the agreement for registration as a servitude or as any other registrable right? Briefly substantiate your answer by also applying the test used by the courts in this regard. (12) 6.2 In respect of short-and long-term lease, under which circumstances will huur gaat voor koop apply? (8) [20]