Assignment 1 Semester 1 2026
Unique number:
Due Date: 17 March 2026
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
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