TEL:0113385204 KWANELE:0783120365 MERRY: 0840610501
LPL4804-CONVEYANCING
2020 May/June exam
1. Indicate the correct option on the online mark reading sheet.
One of the negative characteristics of the South African deeds registration system is
that…
[1] the state does not guarantee the correctness of the system.
[2] there is no investigation or examination of the deeds by the state prior to registration.
[3] deeds are not linked to a cadastral system of maps and diagrams.
[4] there is minimal state intervention. (2)
1|Page
,2. Indicate the correct option on the online mark reading sheet.
Ana subdivides her land, which is mortgaged in favour of ABSA bank. Ana sells and
wishes to transfer portion 1 of the subdivision.
[1] the ABSA mortgage bond must be cancelled simultaneously with the transfer of
portion 1
[2] portion 1 of the subdivision must be transferred subject to the ABSA mortgage bond.
[3] the ABSA mortgage bond must first be paid off before Ana can transfer portion 1.
[4] portion 1 of the subdivision must be released from the operation of the ABSA
mortgage bond. (2)
3. Indicate the correct option on the online mark reading sheet.
[1] When a notary or attorney signs the preparation certificate of a power of attorney,
that notary or attorney certifies that the notary/attorney is duly practicing as such.
[2] When a notary or attorney signs the preparation certificate of a power of attorney,
that notary or attorney certifies that the notary/attorney is duly authorised so to sign.
[3] When a notary or attorney signs the preparation certificate of a power of attorney,
that notary or attorney certifies that he/she takes responsibility for the contents of the
document in terms of section 15, section 15A and regulation 44 of the Deeds Registries
Act 47 of 1937.
[4] Notaries or attorneys may not validly sign the preparation certificate of a power of
attorney. (2)
4. Indicate the correct option on the online mark reading sheet.
Jack, the registered owner of Erf 111 Alexandra, sells and transfers the land to Abram.
Abram has obtained mortgage finance from Absa Bank to purchase the property. The
seller, Jack, is going to use the proceeds of the sale of Erf 111 Alexandra to
simultaneously purchase a retirement home, Erf 99 Sunset. The seller, Jack, has an
existing mortgage bond over Erf 111 Alexandra in favour of First National Bank which
will have to be cancelled.
The transactions relating to the transfer of Erf 111 Alexandra from Jack to
Abram will be …
[1] a solo (single) transaction.
[2] one of two linked transactions.
2|Page
,[3] one of three linked transactions.
[4] one of at least four linked transactions. (2)
5. Indicate the correct option on the online mark reading sheet.
In the circumstances described in 4 above …
[1] X or his duly authorised conveyancer may sign the execution clause of the
Alexandra deed of transfer in the presence of the Registrar of Deeds in order to effect
the transfer.
[2] Y may sign the execution clause of the Alexandra deed of transfer in the presence of
the Registrar of Deeds in order to effect the transfer.
[3] a state official may sign the execution clause of the Alexandra deed of transfer in the
presence of the Registrar of Deeds in order to effect the transfer.
[4] a notary public authorized by Y, may sign the execution clause of the Alexandra
deed of transfer in the presence of the Registrar of Deeds in order to effect the transfer.
(2)
6. Indicate the correct option on the online mark reading sheet.
The significance of the Legator McKenna Inc and Another v Shea and Others 2010 (1)
SA 35 SCA for conveyancing is that:
[1] Real rights and transactions registered in the deeds office will always be reversed
where the underlying causa is defective.
[2] Real rights and transactions registered in the deeds office will never be reversed
because the underlying causa is defective.
[3] Despite defects in the underlying contracts and processes of a deeds registration,
the status quo may be retained if at the time of registration there was a “real” agreement
between the parties.
[4] Despite defects in the underlying contracts and processes of a deeds registration,
the status quo will be retained if that promotes legal certainty. (2)
3|Page
, 7. Indicate the correct option on the online mark reading sheet.
In terms of section 99 of the Deeds Registries Act 47 of 1937, the government, registrar
or officials …
[1] may be liable for the transferor’s or transferee’s loss.
[2] may be liable for only the loss of an innocent third party.
[3] may be liable for the loss of the transferor, transferee and any innocent third party.
[4] are never liable since South Africa has a negative deeds registration system. (2)
8. Indicate the correct option on the online mark reading sheet.
When deeds are linked for simultaneous registration in pencil by way of Roman
numerals (numbers), and one of the linked deeds is found to be faulty by the deeds
controller the …
[1] whole batch of linked deeds will be rejected.
[2] whole batch of deeds will be executed simultaneously once the Registrar of Deeds
affixes his/her signature.
[3] faulty deed will be rejected, and the rest of the linked deeds will be registered once
the Registrar of Deeds has affixed his/her signature.
[4] linking will be completely cancelled and the previously linked deeds will be registered
individually. (2)
In such instances of Roman linking the registrar of deeds will pass those deeds that are
in order for registration, and will reject only those deeds in the batch that are not in
order, unlike the conventionally numbered batches, where the whole batch is rejected if
one of the deeds in the batch is not in order for registration.
9. Indicate the correct option on the online mark reading sheet.
By signing the preparation certificate of a deed, the conveyancer certifies that …
[1] he/she takes responsibility for certain facts in the document in terms of section 15,
section 15A and regulation 44A of the Deeds Registries Act 47 of 1937.
[2] he/she is duly authorised by the landowner so to sign.
[3] the contents of the documents are correct.
[4] he/she is a duly admitted and practising conveyancer. (2)
4|Page
LPL4804-CONVEYANCING
2020 May/June exam
1. Indicate the correct option on the online mark reading sheet.
One of the negative characteristics of the South African deeds registration system is
that…
[1] the state does not guarantee the correctness of the system.
[2] there is no investigation or examination of the deeds by the state prior to registration.
[3] deeds are not linked to a cadastral system of maps and diagrams.
[4] there is minimal state intervention. (2)
1|Page
,2. Indicate the correct option on the online mark reading sheet.
Ana subdivides her land, which is mortgaged in favour of ABSA bank. Ana sells and
wishes to transfer portion 1 of the subdivision.
[1] the ABSA mortgage bond must be cancelled simultaneously with the transfer of
portion 1
[2] portion 1 of the subdivision must be transferred subject to the ABSA mortgage bond.
[3] the ABSA mortgage bond must first be paid off before Ana can transfer portion 1.
[4] portion 1 of the subdivision must be released from the operation of the ABSA
mortgage bond. (2)
3. Indicate the correct option on the online mark reading sheet.
[1] When a notary or attorney signs the preparation certificate of a power of attorney,
that notary or attorney certifies that the notary/attorney is duly practicing as such.
[2] When a notary or attorney signs the preparation certificate of a power of attorney,
that notary or attorney certifies that the notary/attorney is duly authorised so to sign.
[3] When a notary or attorney signs the preparation certificate of a power of attorney,
that notary or attorney certifies that he/she takes responsibility for the contents of the
document in terms of section 15, section 15A and regulation 44 of the Deeds Registries
Act 47 of 1937.
[4] Notaries or attorneys may not validly sign the preparation certificate of a power of
attorney. (2)
4. Indicate the correct option on the online mark reading sheet.
Jack, the registered owner of Erf 111 Alexandra, sells and transfers the land to Abram.
Abram has obtained mortgage finance from Absa Bank to purchase the property. The
seller, Jack, is going to use the proceeds of the sale of Erf 111 Alexandra to
simultaneously purchase a retirement home, Erf 99 Sunset. The seller, Jack, has an
existing mortgage bond over Erf 111 Alexandra in favour of First National Bank which
will have to be cancelled.
The transactions relating to the transfer of Erf 111 Alexandra from Jack to
Abram will be …
[1] a solo (single) transaction.
[2] one of two linked transactions.
2|Page
,[3] one of three linked transactions.
[4] one of at least four linked transactions. (2)
5. Indicate the correct option on the online mark reading sheet.
In the circumstances described in 4 above …
[1] X or his duly authorised conveyancer may sign the execution clause of the
Alexandra deed of transfer in the presence of the Registrar of Deeds in order to effect
the transfer.
[2] Y may sign the execution clause of the Alexandra deed of transfer in the presence of
the Registrar of Deeds in order to effect the transfer.
[3] a state official may sign the execution clause of the Alexandra deed of transfer in the
presence of the Registrar of Deeds in order to effect the transfer.
[4] a notary public authorized by Y, may sign the execution clause of the Alexandra
deed of transfer in the presence of the Registrar of Deeds in order to effect the transfer.
(2)
6. Indicate the correct option on the online mark reading sheet.
The significance of the Legator McKenna Inc and Another v Shea and Others 2010 (1)
SA 35 SCA for conveyancing is that:
[1] Real rights and transactions registered in the deeds office will always be reversed
where the underlying causa is defective.
[2] Real rights and transactions registered in the deeds office will never be reversed
because the underlying causa is defective.
[3] Despite defects in the underlying contracts and processes of a deeds registration,
the status quo may be retained if at the time of registration there was a “real” agreement
between the parties.
[4] Despite defects in the underlying contracts and processes of a deeds registration,
the status quo will be retained if that promotes legal certainty. (2)
3|Page
, 7. Indicate the correct option on the online mark reading sheet.
In terms of section 99 of the Deeds Registries Act 47 of 1937, the government, registrar
or officials …
[1] may be liable for the transferor’s or transferee’s loss.
[2] may be liable for only the loss of an innocent third party.
[3] may be liable for the loss of the transferor, transferee and any innocent third party.
[4] are never liable since South Africa has a negative deeds registration system. (2)
8. Indicate the correct option on the online mark reading sheet.
When deeds are linked for simultaneous registration in pencil by way of Roman
numerals (numbers), and one of the linked deeds is found to be faulty by the deeds
controller the …
[1] whole batch of linked deeds will be rejected.
[2] whole batch of deeds will be executed simultaneously once the Registrar of Deeds
affixes his/her signature.
[3] faulty deed will be rejected, and the rest of the linked deeds will be registered once
the Registrar of Deeds has affixed his/her signature.
[4] linking will be completely cancelled and the previously linked deeds will be registered
individually. (2)
In such instances of Roman linking the registrar of deeds will pass those deeds that are
in order for registration, and will reject only those deeds in the batch that are not in
order, unlike the conventionally numbered batches, where the whole batch is rejected if
one of the deeds in the batch is not in order for registration.
9. Indicate the correct option on the online mark reading sheet.
By signing the preparation certificate of a deed, the conveyancer certifies that …
[1] he/she takes responsibility for certain facts in the document in terms of section 15,
section 15A and regulation 44A of the Deeds Registries Act 47 of 1937.
[2] he/she is duly authorised by the landowner so to sign.
[3] the contents of the documents are correct.
[4] he/she is a duly admitted and practising conveyancer. (2)
4|Page
