LPL4804 Assignment 1
Semester 2 2024 - DUE
15 August 2024
[Company address]
, LPL4804 Assignment 1 Semester 2 2024 - DUE 15 August 2024
Question 1.
1.1. Peter is domiciled in Zimbabwean and married to his Zimbabwean wife in Harare
on the 1st of December 2023. Will Peter be able to sign transfer documents and in
particular the power of attorney to transfer? Explain. (5)
1.2. The transfer documents for Peter and Maria were lodged at the Pretoria deeds
registry office. Prior to the registration, the deeds controller noticed that Peter’s name
was misspelled as Pter in the deed of transfer of the transfer only. Explain how this error
can be corrected, if at all. (5)
1.3. Due to the delay with the correction above, Peter dies on the 1st of February 2024
before the land is transferred and registered in his name. Analyse the impact of the
transferee’s death on the sale validity and performance and explain the process to be
followed with the process to be followed with reference to Section 4 of the Deeds
Registries Act. (5)
2. List exceptions where the surviving spouse does not have to be joined with the
executor in where the land forms a part of the joint estate.
Question 1
1.1. Signing Transfer Documents and Power of Attorney
Peter, domiciled in Zimbabwe and married to his wife in Harare, is required to sign
transfer documents, including the power of attorney to transfer. The ability to sign these
documents depends on several factors:
• Jurisdiction and Legal Capacity: Since Peter is domiciled in Zimbabwe, the
laws of Zimbabwe regarding his legal capacity to enter into contracts, including
signing a power of attorney, apply. Generally, being domiciled in a foreign
country does not in itself prevent someone from signing legal documents related
to property transactions in another country.
Semester 2 2024 - DUE
15 August 2024
[Company address]
, LPL4804 Assignment 1 Semester 2 2024 - DUE 15 August 2024
Question 1.
1.1. Peter is domiciled in Zimbabwean and married to his Zimbabwean wife in Harare
on the 1st of December 2023. Will Peter be able to sign transfer documents and in
particular the power of attorney to transfer? Explain. (5)
1.2. The transfer documents for Peter and Maria were lodged at the Pretoria deeds
registry office. Prior to the registration, the deeds controller noticed that Peter’s name
was misspelled as Pter in the deed of transfer of the transfer only. Explain how this error
can be corrected, if at all. (5)
1.3. Due to the delay with the correction above, Peter dies on the 1st of February 2024
before the land is transferred and registered in his name. Analyse the impact of the
transferee’s death on the sale validity and performance and explain the process to be
followed with the process to be followed with reference to Section 4 of the Deeds
Registries Act. (5)
2. List exceptions where the surviving spouse does not have to be joined with the
executor in where the land forms a part of the joint estate.
Question 1
1.1. Signing Transfer Documents and Power of Attorney
Peter, domiciled in Zimbabwe and married to his wife in Harare, is required to sign
transfer documents, including the power of attorney to transfer. The ability to sign these
documents depends on several factors:
• Jurisdiction and Legal Capacity: Since Peter is domiciled in Zimbabwe, the
laws of Zimbabwe regarding his legal capacity to enter into contracts, including
signing a power of attorney, apply. Generally, being domiciled in a foreign
country does not in itself prevent someone from signing legal documents related
to property transactions in another country.
