Assignment 1
Semester 2 2025
Due 18 August 2025.
, LPL4804
Assignment 1
Semester 2 2025
Due date: 18 August 2025
Conveyancing
Question 1: Drafting Vesting Clauses
The vesting clause in a deed of transfer describes the capacity in which the transferee
holds the property, in compliance with the Deeds Registries Act 47 of 1937 and its
regulations, particularly Regulation 39. Correct formulation is crucial to avoid rejection
by the Deeds Office, ensure accurate registration, and reflect the legal nature of the
transferee’s ownership. Below are the vesting clauses for the specified transferees,
based on reasonable assumptions where details were missing.
(a) A Partnership Where at Least One Partner is Married in Community of
Property
Assumption: The partnership is called ABC Partnership, duly constituted under South
African law, with the following members:
• Partner A, married in community of property to Spouse A
• Partner B, unmarried
• Partner C, married out of community of property
Vesting Clause:
ABC Partnership, a partnership duly formed under the laws of the Republic of South
Africa, consisting of: