Assignment 1 Semester 1 2026
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Due Date: 17 March 2026
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, QUESTION 1
1.1.
Zanele Khumalo cannot consolidate erven 3 and 4 of Kruger Township without
properly addressing the existing mortgage bond over Erf 3. In terms of section 40 of
the Deeds Registries Act 47 of 1937, where only a portion of the land represented on
the new consolidation diagram is mortgaged, a certificate of consolidated title may
not be issued unless the bond is dealt with. Zanele has two lawful options.
First, she may cancel the mortgage bond over Erf 3 with the consent of Blue Bank.
This would remove the real right burdening Erf 3 and allow consolidation to proceed
without restriction.1
1
Deeds Registries Act 47 of 1937 s 40(5)(a).
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