LPL4804
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 8 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
8 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
1.1. Discuss the liability of the registrar and the state for loss or damage suffered due to faulty
information in the South African deeds register and explain how this relates to the positive
and/or negative South African land registration system. (6)
Answer:
In South Africa, the registrar and the state can be held liable for loss or damage suffered due to
faulty information in the deeds register. This liability stems from the legal principle that the
registrar has a duty to ensure the accuracy and integrity of the information contained within
the deeds register, which serves as the official record of land ownership and related interests.
If faulty information in the deeds register results in loss or damage to an individual or entity,
they may seek legal recourse against the registrar and the state for negligence or breach of
duty. This liability can extend to errors made during the registration process, inaccuracies in
recorded property boundaries or ownership rights, or failure to update the register in a timely
manner.
This issue is closely tied to the positive and negative aspects of South Africa's land registration
system:
Positive Aspects:
1. Certainty of Title: The deeds register provides a system for establishing and verifying land
ownership, which promotes certainty and security of property rights.
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 8 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
8 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
1.1. Discuss the liability of the registrar and the state for loss or damage suffered due to faulty
information in the South African deeds register and explain how this relates to the positive
and/or negative South African land registration system. (6)
Answer:
In South Africa, the registrar and the state can be held liable for loss or damage suffered due to
faulty information in the deeds register. This liability stems from the legal principle that the
registrar has a duty to ensure the accuracy and integrity of the information contained within
the deeds register, which serves as the official record of land ownership and related interests.
If faulty information in the deeds register results in loss or damage to an individual or entity,
they may seek legal recourse against the registrar and the state for negligence or breach of
duty. This liability can extend to errors made during the registration process, inaccuracies in
recorded property boundaries or ownership rights, or failure to update the register in a timely
manner.
This issue is closely tied to the positive and negative aspects of South Africa's land registration
system:
Positive Aspects:
1. Certainty of Title: The deeds register provides a system for establishing and verifying land
ownership, which promotes certainty and security of property rights.
