LPL4804 MCQ Memo Bundle
2021-ALL
Question 1
The South African deeds registry system is regarded as nominally negative because
(1) the state does not guarantee the accuracy of the state deeds register.
Correct
(2) members of the public take out additional insurance to guarantee their property
rights.
Comment: this happens in some purely negative registration systems, but not in South
Africa’s hybrid system where the public simply rely on the correctness of the system.
(3) deeds are registered by the state at face value without investigation.
Comment: Sec 3(1)(b) of Deeds Registries Act 47 of 1937 obliges the registrar to
examine deeds.
(4) there is a high degree of state intervention.
Comment: this is indicative of a positive system (2)
Question 2
The significance of the Legator McKenna Inc and Another v Shea and Others 2010
(1) SA 35 SCA for the liability of the state and the Registrar of Deeds in terms of section
99 of the Deeds Registries Act 47 of 1937 is that …
(1) the state may be liable for the plaintiff's or defendant’s losses.
(2) the state may be liable for only the loss of an innocent third party, namely Mr and
Ms Erskin.
,(3) the state may be liable for the loss of the plaintiff, defendant and innocent third
party.
Correct: Sec 99 reads “No act or omission of any registrar or of any officer employed
in a deeds registry shall render the Government liable for damage sustained by any
person in consequence of such act or omission: provided …”
(4) the state is never liable, since South Africa has a negative deeds registration
system. (2)
Question 3
A South African …
(1) attorney may validly lodge deeds at any deeds registry in South Africa.
(2) notary may validly lodge deeds at any deeds registry in South Africa.
(3) conveyancer may validly lodge deeds at any deeds registry in South Africa.
(4) conveyancer practicing in Cape Town may validly lodge deeds in the Cape Town
deeds registry.
Correct: Regulation 45(1) of the Deeds Registries Act 47 of 1937 provides that deeds,
bonds, documents and power of attorney must be lodged by a conveyancer practicing
at the seat of the deeds registry. (2)
Question 4
Statement … is NOT a general format requirement for deeds and documents to be
lodged in a South African deeds registry.
(1) Good quality A4 paper must be used.
(2) Blank spaces must be ruled through.
(3) Only blank ink may be used.
Correct: This is what I regarded as a very obvious correct answer. However, there
were some students who assumed this was a simple typing error (blank instead of
black), and so indicated item 4 below as “NOT a general format requirement” because
it does not appear in regulation 20 and further as a specific requirement. I
accomodated this and awarded an extra mark on an individual basis.
,(4) Printing is only allowed on one side of the page. (2)
Question 5
When a notary or attorney signs the preparation certificate of a power of attorney, that
notary or attorney certifies that …
(1) he/she is duly practicing as such.
(2) 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.
Correct: From regulation 44 and the study guide (page 16 and further) it is clear that
attorneys or notaries (and conveyancers) can prepare certain deeds and documents.
In addition section 15A(2) and regulation 44A, dealing with the specific responsibilities
incurred by signing the preparation certificates of deeds and documents, explicitly
places that responsibility on the “person signing the preparation certificate …”, not just
conveyancers. Accordingly, the preparing notary or attorney does not simply certify
that he/she is practicing, or is authorised to sign or generally that the deed/document
is correct. The preparing attorney or notary takes responsibility for the issues listed in
section 15, sec 15A and reg 44A.
(3) he/she is duly authorised so to sign.
(4) the contents of the document is correct in every respect. (2)
2020/02
1 One of the positive characteristics of the South African deeds registration
system is that there is a great deal of state intervention in the registration
process.
True, as can be seen from the number of state role players in the process and sec 3
of the Deeds Registries Act 47 of 1937 (hereafter referred to as DRA) relating to the
registrar’s duties and powers. (1)
2 In the South African registration system the state always compensates bona
fide third parties for losses incurred due to inaccuracies in the state deeds
register.
, False, sec 99 of DRA only provides for state liability in very limited circumstances. (1)
3 One of the positive characteristics of the South African deeds registration
system is that it is linked to a cadastral system of maps and diagrams.
True, this is a typical characteristic of a positive system and is part of the SA system.
(1)
4 A linking of “4/3” on a lodgement cover indicates that there are three
transactions being registered simultaneously at the Deeds Registry.
False, this linking indicates that there are four simultaneous transactions and that
particular lodgement cover contains the third transaction in the batch. (1)
5 Conveyancers link different transactions for simultaneous registration, for
instance a transfer, mortgage bond and bond cancellation, because the finances
of the transactions are interdependent.
True, that is exactly right. (1)
6 A conveyancer, attorney, notary or state official may validly sign the
preparation certificate of a consent to cancellation of a mortgage bond.
True, refer to regulation 44(1) and page 16 of your study guide. (1)
7 When a state official signs the preparation certificate of a power of attorney,
that power of attorney must be countersigned by a conveyancer.
False, conveyancers must countersign preparation certificates by notaries and
attorneys to confirm that they are practicing as such, not state officials. (1)
8 All deeds lodged at a South African deeds registry must be printed on good-
quality A4 paper and signed in black ink, without exception.
False, in terms of regulation 20 the registrar has a discretion to waive compliance with
this. (1)
9 The Registrar of Deeds has a duty to attest or execute and register deeds of
transfer of land and execute and register certificates of title to land in terms of
section 3(1)(d) of the Deeds Registries Act 47 of 1937.
True, this reflects the exact wording of the section. (1)
2021-ALL
Question 1
The South African deeds registry system is regarded as nominally negative because
(1) the state does not guarantee the accuracy of the state deeds register.
Correct
(2) members of the public take out additional insurance to guarantee their property
rights.
Comment: this happens in some purely negative registration systems, but not in South
Africa’s hybrid system where the public simply rely on the correctness of the system.
(3) deeds are registered by the state at face value without investigation.
Comment: Sec 3(1)(b) of Deeds Registries Act 47 of 1937 obliges the registrar to
examine deeds.
(4) there is a high degree of state intervention.
Comment: this is indicative of a positive system (2)
Question 2
The significance of the Legator McKenna Inc and Another v Shea and Others 2010
(1) SA 35 SCA for the liability of the state and the Registrar of Deeds in terms of section
99 of the Deeds Registries Act 47 of 1937 is that …
(1) the state may be liable for the plaintiff's or defendant’s losses.
(2) the state may be liable for only the loss of an innocent third party, namely Mr and
Ms Erskin.
,(3) the state may be liable for the loss of the plaintiff, defendant and innocent third
party.
Correct: Sec 99 reads “No act or omission of any registrar or of any officer employed
in a deeds registry shall render the Government liable for damage sustained by any
person in consequence of such act or omission: provided …”
(4) the state is never liable, since South Africa has a negative deeds registration
system. (2)
Question 3
A South African …
(1) attorney may validly lodge deeds at any deeds registry in South Africa.
(2) notary may validly lodge deeds at any deeds registry in South Africa.
(3) conveyancer may validly lodge deeds at any deeds registry in South Africa.
(4) conveyancer practicing in Cape Town may validly lodge deeds in the Cape Town
deeds registry.
Correct: Regulation 45(1) of the Deeds Registries Act 47 of 1937 provides that deeds,
bonds, documents and power of attorney must be lodged by a conveyancer practicing
at the seat of the deeds registry. (2)
Question 4
Statement … is NOT a general format requirement for deeds and documents to be
lodged in a South African deeds registry.
(1) Good quality A4 paper must be used.
(2) Blank spaces must be ruled through.
(3) Only blank ink may be used.
Correct: This is what I regarded as a very obvious correct answer. However, there
were some students who assumed this was a simple typing error (blank instead of
black), and so indicated item 4 below as “NOT a general format requirement” because
it does not appear in regulation 20 and further as a specific requirement. I
accomodated this and awarded an extra mark on an individual basis.
,(4) Printing is only allowed on one side of the page. (2)
Question 5
When a notary or attorney signs the preparation certificate of a power of attorney, that
notary or attorney certifies that …
(1) he/she is duly practicing as such.
(2) 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.
Correct: From regulation 44 and the study guide (page 16 and further) it is clear that
attorneys or notaries (and conveyancers) can prepare certain deeds and documents.
In addition section 15A(2) and regulation 44A, dealing with the specific responsibilities
incurred by signing the preparation certificates of deeds and documents, explicitly
places that responsibility on the “person signing the preparation certificate …”, not just
conveyancers. Accordingly, the preparing notary or attorney does not simply certify
that he/she is practicing, or is authorised to sign or generally that the deed/document
is correct. The preparing attorney or notary takes responsibility for the issues listed in
section 15, sec 15A and reg 44A.
(3) he/she is duly authorised so to sign.
(4) the contents of the document is correct in every respect. (2)
2020/02
1 One of the positive characteristics of the South African deeds registration
system is that there is a great deal of state intervention in the registration
process.
True, as can be seen from the number of state role players in the process and sec 3
of the Deeds Registries Act 47 of 1937 (hereafter referred to as DRA) relating to the
registrar’s duties and powers. (1)
2 In the South African registration system the state always compensates bona
fide third parties for losses incurred due to inaccuracies in the state deeds
register.
, False, sec 99 of DRA only provides for state liability in very limited circumstances. (1)
3 One of the positive characteristics of the South African deeds registration
system is that it is linked to a cadastral system of maps and diagrams.
True, this is a typical characteristic of a positive system and is part of the SA system.
(1)
4 A linking of “4/3” on a lodgement cover indicates that there are three
transactions being registered simultaneously at the Deeds Registry.
False, this linking indicates that there are four simultaneous transactions and that
particular lodgement cover contains the third transaction in the batch. (1)
5 Conveyancers link different transactions for simultaneous registration, for
instance a transfer, mortgage bond and bond cancellation, because the finances
of the transactions are interdependent.
True, that is exactly right. (1)
6 A conveyancer, attorney, notary or state official may validly sign the
preparation certificate of a consent to cancellation of a mortgage bond.
True, refer to regulation 44(1) and page 16 of your study guide. (1)
7 When a state official signs the preparation certificate of a power of attorney,
that power of attorney must be countersigned by a conveyancer.
False, conveyancers must countersign preparation certificates by notaries and
attorneys to confirm that they are practicing as such, not state officials. (1)
8 All deeds lodged at a South African deeds registry must be printed on good-
quality A4 paper and signed in black ink, without exception.
False, in terms of regulation 20 the registrar has a discretion to waive compliance with
this. (1)
9 The Registrar of Deeds has a duty to attest or execute and register deeds of
transfer of land and execute and register certificates of title to land in terms of
section 3(1)(d) of the Deeds Registries Act 47 of 1937.
True, this reflects the exact wording of the section. (1)
