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LPL4805 Assignment 1 Semester 2 2025 - Due 3 September 2025 | 100% Complete Answers

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Notarial Practice - LPL4805 Assignment 1 Semester 2 2025 - Due 3 September 2025; 100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... Question 1. Xolani is the owner of Erf 201 Meadowlands Township, which he leases to Zanele. Xolani is also the holder of a usufruct over the farm, Moreson, just outside the town where he farms. Xolani borrows money from a family member Moses. Xolani instructs you, a notary, to draft and register in the deeds registry, a notarial bond over these two assets in favour of Moses as security for payment of the debt. Fully explain whether you will be able to execute the instruction.

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LPL4805
ASSIGNMENT 1 SEMESTER 2 2025

UNIQUE NO.
DUE DATE: 3 SEPTEMBER 2025

, Notarial Practice

Question 1 Analysis (10 marks)

Restating the facts:

 Asset 1: Erf 201 Meadowlands Township — Xolani is the owner, but it’s leased
to Zanele.
 Asset 2: Farm “Moreson” — Xolani only has a usufruct, not ownership.
 Instruction: Draft and register a notarial bond over both assets in favour of
Moses.

Key legal framework:

 Notarial bonds are governed mainly by the Security by Means of Movable
Property Act 57 of 1993 and the Deeds Registries Act 47 of 1937.
 A notarial bond can only be passed by a person with legal capacity to
encumber the property.
 Ownership requirement: To register a mortgage bond over immovable
property, the mortgagor must be the registered owner.
 Usufruct: A usufruct is a limited real right — you cannot mortgage the land itself,
but you can mortgage or cede the usufruct as security (subject to certain
restrictions).
 A notarial bond typically applies to movable property (general or special), but
certain incorporeal rights (like a usufruct) can also be mortgaged if ceded in
security.

Application to the facts:

1. Erf 201 Meadowlands – This is immovable property.
o To give security over immovable property, you don’t use a notarial bond —
you use a mortgage bond registered in the deeds registry.

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Publisher: 2014 ISBN: 9789712730504 Edition: Unknown

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