LPL4804
Assignment 1
DUE 18 AUGUST 2025
, QUESTION 1
(a) Partnership where at least one of the partners is married in community of
property (4)
Vesting Clause:
“ABC Traders, a partnership lawfully formed in the Republic of South Africa, consisting
of Peter Smith, who is married in community of property to Mary Smith, and John
Brown, who is unmarried, choosing domicilium citandi et executandi at 15 Main Street,
Johannesburg, Gauteng.”
Explanation:
A partnership is not recognised as a separate legal person in conveyancing, so
each partner must be named in the vesting clause.
Where a partner is married in community of property, the spouse is regarded as
having a joint interest in the assets; therefore, the marital regime must be
disclosed.
This ensures transparency of ownership and compliance with the requirements of
the Deeds Registries Act.
(b) A person who does not have a valid identity document (3)
Vesting Clause:
“Michael James, of full age, married out of community of property to Sarah James,
residing at 22 Oak Avenue, Durban, KwaZulu-Natal, who has no identity document but
whose identity has been confirmed by affidavit to the satisfaction of the Registrar of
Deeds in accordance with regulation 18(1) of the Deeds Registries Act 47 of 1937.”
Explanation:
Assignment 1
DUE 18 AUGUST 2025
, QUESTION 1
(a) Partnership where at least one of the partners is married in community of
property (4)
Vesting Clause:
“ABC Traders, a partnership lawfully formed in the Republic of South Africa, consisting
of Peter Smith, who is married in community of property to Mary Smith, and John
Brown, who is unmarried, choosing domicilium citandi et executandi at 15 Main Street,
Johannesburg, Gauteng.”
Explanation:
A partnership is not recognised as a separate legal person in conveyancing, so
each partner must be named in the vesting clause.
Where a partner is married in community of property, the spouse is regarded as
having a joint interest in the assets; therefore, the marital regime must be
disclosed.
This ensures transparency of ownership and compliance with the requirements of
the Deeds Registries Act.
(b) A person who does not have a valid identity document (3)
Vesting Clause:
“Michael James, of full age, married out of community of property to Sarah James,
residing at 22 Oak Avenue, Durban, KwaZulu-Natal, who has no identity document but
whose identity has been confirmed by affidavit to the satisfaction of the Registrar of
Deeds in accordance with regulation 18(1) of the Deeds Registries Act 47 of 1937.”
Explanation:
