UPDATED
LPL4804
EXAM PACK
A+ CONTENT
STUDENT GYDE
GUIDING STUDENTS ON THEIR ACADEMIC
JOURNEY
, CONVEYANCING (LPL4804)
Memorandum answers for Oct Nov 2016 exams
AS ALWAYS, MARKERS PLEASE TO USE DISCRETION IN FAVOUR OF STUDENTS I.E. WHEN IN DOUBT
AWARD THE MARK
STUDENTS HAD TO ANSWER ALL QUESTIONS.
QUESTION 1
Discuss the following statements briefly:
1.1 Deeds are linked for lodgement in the deeds registry to effect faster and more
cost effective registration. (4)
ANSWER: Statement incorrect- deeds are linked to ensure they are
processed and registered in a batch (1) simultaneously (1), although
lodged by different conveyancers(1), because the finances of the
transactions are linked (1)
(Also accept for simultaneous registration and that it is faster to register
linked deeds simultaneously rather than one after the other)
1.2 The preparation certificate of a power of attorney that is lodged in a deeds
registry as a supporting document may be prepared by a conveyancer, attorney
or notary public. (4)
ANSWER: Although the general rule in terms of s 15 of DRA is that
preparation clause must be signed by conveyancer (1), certain
DOCUMENTS, such as a power of attorney, may be prepared by an
attorney or notary(1), provided the preparation certificate on the
documents in countersigned(1) by a conveyancer, confirming that the
preparing attorney/notary does indeed practice as such(1).
1.3 Any conveyancer can only prepare deeds for lodgement and registration at the
South African deeds registry where such conveyancer’s practice is situated. (2)
ANSWER: statement is not correct since conveyancers can prepare deeds
for lodgement anywhere in RSA (1), but lodgement must be done by a
conveyancer practicing at the seat of the registry (1)
(I see some students interpreted the question are relating to
LODGEMENT, which of course can only be done by a conveyancer
practicing at the seat of the registry – if so, also award the marks)
1.4 Servitudes which bind or benefit an immovable property may be found in the
conditional clause of a deed of transfer of that immovable property. (2)
[TURN OVER]
, 2 LPL4804
Oct Nov 2016
ANSWER: generally this is correct (1) since conditions relating to the
property are contained and brought forward in the conditional clause (1).
(however may also be found as an endorsement (referring to a notarial
deed), or on the SG diagram (1) – award mark for either of these to max 2.)
1.5 Where land is subject to a usufruct (personal servitude), the registered owner of
the land may transfer such land with the written consent of the usufructuary. (2)
ANSWER: A simple consent is not enough (1) – either a notarial waiver of
the usufruct (1), or landowner and usufructory must transfer together, or
owner can simply transfer the bare dominium subject to usufruct, etc
1.6 A deed of grant is the term used for a title deed in favour of the state. (2)
ANSWER: a deed of grant is used to transfer unalienated (1) state land from the
state to another person or entity,(1) not to the state
1.7 Where all the land and all the persons bound by a mortgage bond are released
from the operation of such mortgage bond, that mortgage bond is in effected
cancelled. (2)
ANSWER – this statement is correct because if the person of the debtor and the
security under the bond are released, there is nothing more secured under the
bond.
1.8 X and Y are joint owners of Erf 999 Pretoria. X and Y each hold an undivided half
share under deeds of transfer T1234/2016 and T1235/2016 respectively. Either X
or Y can apply in terms of section 34(1) for a certificate of registered title for their
undivided half shares. (2)
ANSWER: Sec 34 (2) only applies where joint owners hold undivided shares in
ONE joint title deed, which has been lost – so in this instance neither X nor Y can
apply.
(Also sec 38 does not apply unless deeds office copy also lost – students did very
badly with this one, eventually I even awarded a mark if they just noticed that
there were already two title deeds according to the case study)
[20]
QUESTION 2
2.1 Briefly explain the registration process in the deeds office.
[TURN OVER]
, 3 LPL4804
Oct Nov 2016
ANSWER :PG 34 and on (10)
Lodgement desk affixes bar code for future tracking under dots system
Data printouts to confirm current owners, interdicts etc
First examination by junior – for legal compliance, interdicts and to affix
endorsements
Second examination by senior examiner/deeds controller – pass or reject
Final examination by assistant registrar – general registerability and standards
Rejected deeds returned to conveyancer for rectification other deeds to prep
pigeonholes – final opportunity for conveyancers to make corrections and finalize
finances and final interdict checks (blackbook)
Execution and registration by conveyancers and registrar of deeds
Numbering of deeds
Data section captures info on deeds registry data base a
Specific instructions from deeds examiner attended to
Hard (mechanised) copies are captured on microfilm or scanned
Original deeds go to the delivery room for distribution to conveyancer who in turn
delivers to clients
MAXIMUM 10 Marks
Numbering error in exam paper see below – should have read 2.2
2.3 Discuss the definition of owner as contained in section 102 of the Deeds Registries
Act 47 of 1937. (10)
ANSWER
- registered owner in terms of deeds registry records including
- trustee of insolvent estate owners
- liquidator of company or cc owner
- executor of deceased owner
- legally recognised representative or minor or otherwise disabled owner
- if trustee, liquidator, executor or representative is acting within legal authority
Plus – where property registered in name of both spouses married in COP, both or
either spouse
- where property registered in name of one spouse married in COP, both or either
spouse
- where property registered in name of both spouses to marriage where Chap III of
Matrimonial Property Act does not apply, the husband
- where property registered in name of one spouses to marriage where Chap III of
Matrimonial Property Act does not apply, the husband (10)
[20]
[TURN OVER]
LPL4804
EXAM PACK
A+ CONTENT
STUDENT GYDE
GUIDING STUDENTS ON THEIR ACADEMIC
JOURNEY
, CONVEYANCING (LPL4804)
Memorandum answers for Oct Nov 2016 exams
AS ALWAYS, MARKERS PLEASE TO USE DISCRETION IN FAVOUR OF STUDENTS I.E. WHEN IN DOUBT
AWARD THE MARK
STUDENTS HAD TO ANSWER ALL QUESTIONS.
QUESTION 1
Discuss the following statements briefly:
1.1 Deeds are linked for lodgement in the deeds registry to effect faster and more
cost effective registration. (4)
ANSWER: Statement incorrect- deeds are linked to ensure they are
processed and registered in a batch (1) simultaneously (1), although
lodged by different conveyancers(1), because the finances of the
transactions are linked (1)
(Also accept for simultaneous registration and that it is faster to register
linked deeds simultaneously rather than one after the other)
1.2 The preparation certificate of a power of attorney that is lodged in a deeds
registry as a supporting document may be prepared by a conveyancer, attorney
or notary public. (4)
ANSWER: Although the general rule in terms of s 15 of DRA is that
preparation clause must be signed by conveyancer (1), certain
DOCUMENTS, such as a power of attorney, may be prepared by an
attorney or notary(1), provided the preparation certificate on the
documents in countersigned(1) by a conveyancer, confirming that the
preparing attorney/notary does indeed practice as such(1).
1.3 Any conveyancer can only prepare deeds for lodgement and registration at the
South African deeds registry where such conveyancer’s practice is situated. (2)
ANSWER: statement is not correct since conveyancers can prepare deeds
for lodgement anywhere in RSA (1), but lodgement must be done by a
conveyancer practicing at the seat of the registry (1)
(I see some students interpreted the question are relating to
LODGEMENT, which of course can only be done by a conveyancer
practicing at the seat of the registry – if so, also award the marks)
1.4 Servitudes which bind or benefit an immovable property may be found in the
conditional clause of a deed of transfer of that immovable property. (2)
[TURN OVER]
, 2 LPL4804
Oct Nov 2016
ANSWER: generally this is correct (1) since conditions relating to the
property are contained and brought forward in the conditional clause (1).
(however may also be found as an endorsement (referring to a notarial
deed), or on the SG diagram (1) – award mark for either of these to max 2.)
1.5 Where land is subject to a usufruct (personal servitude), the registered owner of
the land may transfer such land with the written consent of the usufructuary. (2)
ANSWER: A simple consent is not enough (1) – either a notarial waiver of
the usufruct (1), or landowner and usufructory must transfer together, or
owner can simply transfer the bare dominium subject to usufruct, etc
1.6 A deed of grant is the term used for a title deed in favour of the state. (2)
ANSWER: a deed of grant is used to transfer unalienated (1) state land from the
state to another person or entity,(1) not to the state
1.7 Where all the land and all the persons bound by a mortgage bond are released
from the operation of such mortgage bond, that mortgage bond is in effected
cancelled. (2)
ANSWER – this statement is correct because if the person of the debtor and the
security under the bond are released, there is nothing more secured under the
bond.
1.8 X and Y are joint owners of Erf 999 Pretoria. X and Y each hold an undivided half
share under deeds of transfer T1234/2016 and T1235/2016 respectively. Either X
or Y can apply in terms of section 34(1) for a certificate of registered title for their
undivided half shares. (2)
ANSWER: Sec 34 (2) only applies where joint owners hold undivided shares in
ONE joint title deed, which has been lost – so in this instance neither X nor Y can
apply.
(Also sec 38 does not apply unless deeds office copy also lost – students did very
badly with this one, eventually I even awarded a mark if they just noticed that
there were already two title deeds according to the case study)
[20]
QUESTION 2
2.1 Briefly explain the registration process in the deeds office.
[TURN OVER]
, 3 LPL4804
Oct Nov 2016
ANSWER :PG 34 and on (10)
Lodgement desk affixes bar code for future tracking under dots system
Data printouts to confirm current owners, interdicts etc
First examination by junior – for legal compliance, interdicts and to affix
endorsements
Second examination by senior examiner/deeds controller – pass or reject
Final examination by assistant registrar – general registerability and standards
Rejected deeds returned to conveyancer for rectification other deeds to prep
pigeonholes – final opportunity for conveyancers to make corrections and finalize
finances and final interdict checks (blackbook)
Execution and registration by conveyancers and registrar of deeds
Numbering of deeds
Data section captures info on deeds registry data base a
Specific instructions from deeds examiner attended to
Hard (mechanised) copies are captured on microfilm or scanned
Original deeds go to the delivery room for distribution to conveyancer who in turn
delivers to clients
MAXIMUM 10 Marks
Numbering error in exam paper see below – should have read 2.2
2.3 Discuss the definition of owner as contained in section 102 of the Deeds Registries
Act 47 of 1937. (10)
ANSWER
- registered owner in terms of deeds registry records including
- trustee of insolvent estate owners
- liquidator of company or cc owner
- executor of deceased owner
- legally recognised representative or minor or otherwise disabled owner
- if trustee, liquidator, executor or representative is acting within legal authority
Plus – where property registered in name of both spouses married in COP, both or
either spouse
- where property registered in name of one spouse married in COP, both or either
spouse
- where property registered in name of both spouses to marriage where Chap III of
Matrimonial Property Act does not apply, the husband
- where property registered in name of one spouses to marriage where Chap III of
Matrimonial Property Act does not apply, the husband (10)
[20]
[TURN OVER]
