LPL4805 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2025 - DUE 2 April
2025
www.stuvia.com
,FULL NAMES:
STUDENT NUMBER:
UNIQUE NUMBER:
MODULE CODE: LPL4805
MODULE NAME: Notarial Practice
ASSIGNMEMT: Assignment 1 Semester 1
ASSIGNMEMT DUE DATE: 2 April 2025
YEAR MODULE 2025.
LPL4805 Assignment 1 Semester 1 2025 - DUE 2 April 2025
Question 1. X, the holder of a usufruct over a farm, concludes an
agreement with Y, in terms of which Y leases the usufruct from
X. You are requested to draft the deed of lease and to have it
registered. Advise the parties on the legal position with regard to
the contract. lml4801 X, a married person, wants to sell one of
his farms, but wishes to retain the right of use of a road over the
farm that is to be sold. The purchaser, Y, demands use of water
from the dam that is situated on X’s remaining farm. lcp4801
Indicate how the needs of the parties can be converted into
rights to which their successors in title will also be entitled.
Question 1: Leasing of a Usufruct and Retention of Rights
Over Property
Legal Position Regarding the Lease of a Usufruct (X leasing
to Y):
A usufruct is a limited real right that gives the holder (X) the
right to use and enjoy the benefits of a property (such as a farm)
belonging to another person, while the ownership of the property
remains with the owner.
, Legal Framework of Usufruct:
A usufruct holder has the right to use the property and
derive profits from it, but they must preserve the
property in its current state.
o Usufruct can be transferred or leased under certain
circumstances, provided the agreement is not contrary
to the nature of the usufruct. X, as the holder of the
usufruct, is permitted to lease the usufruct to Y.
Leasing the Usufruct:
When X enters into a lease agreement with Y to lease the
usufruct, they need to ensure the following:
1. Consent of the Owner: If X holds a usufruct over the
farm, Y cannot transfer or lease it without the consent
of the owner, unless X has the legal authority to do so.
2. Contractual Agreement: The lease agreement should
clearly define the terms of the lease, such as the duration of
the usufruct lease, the use of the property, and the
compensation (rent) to be paid by Y.
3. Registration of Lease: To ensure the lease agreement is
enforceable against third parties, it should be registered in
accordance with property law. Typically, this would mean
the lease must be recorded in the Deeds Office if the
usufruct is tied to immovable property.
4. Retention of Rights by X: X still retains the rights
conferred by the usufruct over the farm during the period of
the lease. However, if the lease agreement is for the entire
duration of the usufruct, it would effectively give Y the right
to enjoy those rights for the lease period.
ANSWERS) Semester 1 2025 - DUE 2 April
2025
www.stuvia.com
,FULL NAMES:
STUDENT NUMBER:
UNIQUE NUMBER:
MODULE CODE: LPL4805
MODULE NAME: Notarial Practice
ASSIGNMEMT: Assignment 1 Semester 1
ASSIGNMEMT DUE DATE: 2 April 2025
YEAR MODULE 2025.
LPL4805 Assignment 1 Semester 1 2025 - DUE 2 April 2025
Question 1. X, the holder of a usufruct over a farm, concludes an
agreement with Y, in terms of which Y leases the usufruct from
X. You are requested to draft the deed of lease and to have it
registered. Advise the parties on the legal position with regard to
the contract. lml4801 X, a married person, wants to sell one of
his farms, but wishes to retain the right of use of a road over the
farm that is to be sold. The purchaser, Y, demands use of water
from the dam that is situated on X’s remaining farm. lcp4801
Indicate how the needs of the parties can be converted into
rights to which their successors in title will also be entitled.
Question 1: Leasing of a Usufruct and Retention of Rights
Over Property
Legal Position Regarding the Lease of a Usufruct (X leasing
to Y):
A usufruct is a limited real right that gives the holder (X) the
right to use and enjoy the benefits of a property (such as a farm)
belonging to another person, while the ownership of the property
remains with the owner.
, Legal Framework of Usufruct:
A usufruct holder has the right to use the property and
derive profits from it, but they must preserve the
property in its current state.
o Usufruct can be transferred or leased under certain
circumstances, provided the agreement is not contrary
to the nature of the usufruct. X, as the holder of the
usufruct, is permitted to lease the usufruct to Y.
Leasing the Usufruct:
When X enters into a lease agreement with Y to lease the
usufruct, they need to ensure the following:
1. Consent of the Owner: If X holds a usufruct over the
farm, Y cannot transfer or lease it without the consent
of the owner, unless X has the legal authority to do so.
2. Contractual Agreement: The lease agreement should
clearly define the terms of the lease, such as the duration of
the usufruct lease, the use of the property, and the
compensation (rent) to be paid by Y.
3. Registration of Lease: To ensure the lease agreement is
enforceable against third parties, it should be registered in
accordance with property law. Typically, this would mean
the lease must be recorded in the Deeds Office if the
usufruct is tied to immovable property.
4. Retention of Rights by X: X still retains the rights
conferred by the usufruct over the farm during the period of
the lease. However, if the lease agreement is for the entire
duration of the usufruct, it would effectively give Y the right
to enjoy those rights for the lease period.
