LPL4805 May/June 2025
Question 1
1. To attest means to confirm or verify the authenticity or validity of something, such as
a signature on a document. It involves bearing witness to the fact that the signature
or document is genuine, and often requires signing one's own name as a witness to
confirm this. In essence, attesting involves providing evidence or confirmation that
something is true or legitimate.
2. Cede refers to the transfer of a right or claim, such as a personal right or limited real
right, from the holder of the right (the cedent) to another person (the cessionary).
This transfer involves the cedent giving up their claim or interest and passing it on to
the cessionary, who then becomes entitled to the benefit associated with that right.
In essence, ceding a right means to yield or surrender it to another party, allowing
them to assume the rights and benefits previously held by the cedent.
3. A certified copy is a duplicate of an original document, such as a photocopy, that has
a certificate attached to it confirming that the copy is an exact and true
representation of the original document. This verification process typically involves
an authorized person, such as a notary or official, comparing the copy to the original
and attesting to its accuracy. The certified copy serves as a reliable and authentic
reproduction of the original document.
4. A Deed of Servitude is a formal document that outlines an agreement creating a
servitude, which is a right granted to someone to use another’s property for a
specific purpose. This document is drafted and witnessed by a notary and is then
registered in the deeds registry, making it a legally binding and publicly recorded
agreement.
5. To execute a document means to formally sign it, thereby giving it full effect and
validity. In the notarial and conveyancing context, execution involves the act of
signing a document or deed in a specific manner, often in the presence of a witness
1
, or notary, to confirm its authenticity and intention, making it a legally binding and
enforceable agreement.
6. Habitation, or habitatio, refers to a type of personal servitude that grants the holder
the right to inhabit a building or dwelling belonging to someone else. This right
allows the holder and their household to live in the property for a specified period or
for the holder’s lifetime, while preserving the integrity of the dwelling. The holder is
entitled to occupy the property without damaging its substance.
7. A mortgagee is the person or institution that acquires a mortgage over a mortgagor’s
immovable property upon registration of a mortgage bond, becoming a mortgage
creditor with a secured interest in the property.
8. Mortgagor is the person or institution that offers their immovable property as security
to a lender (mortgagee) through a mortgage bond, in order to secure a debt or loan,
and is liable for repayment of the mortgage debt.
9. A praedial servitude is a limited real right that grants the owner of one piece of land
(the dominant tenement) specific rights to use or benefit from another piece of land
(the servient tenement) owned by someone else, in their capacity as landowner.
10. A servient tenement refers to the immovable property (land or premises) that is
burdened by a servitude, allowing the holder of the servitude (either a personal or
praedial servitude) to exercise specific rights over that property. In essence, it’s the
property that is subject to the servitude, granting benefits to another property (in the
case of praedial servitude) or a specific individual (in the case of personal
servitude).
Question 2
1. When registering an antenuptial contract that includes donations such as a sectional
title flat and a usufruct over a farm, as in the case of Thabiso Kunene donating to his
prospective wife, the following need to be adhered to:
2
Question 1
1. To attest means to confirm or verify the authenticity or validity of something, such as
a signature on a document. It involves bearing witness to the fact that the signature
or document is genuine, and often requires signing one's own name as a witness to
confirm this. In essence, attesting involves providing evidence or confirmation that
something is true or legitimate.
2. Cede refers to the transfer of a right or claim, such as a personal right or limited real
right, from the holder of the right (the cedent) to another person (the cessionary).
This transfer involves the cedent giving up their claim or interest and passing it on to
the cessionary, who then becomes entitled to the benefit associated with that right.
In essence, ceding a right means to yield or surrender it to another party, allowing
them to assume the rights and benefits previously held by the cedent.
3. A certified copy is a duplicate of an original document, such as a photocopy, that has
a certificate attached to it confirming that the copy is an exact and true
representation of the original document. This verification process typically involves
an authorized person, such as a notary or official, comparing the copy to the original
and attesting to its accuracy. The certified copy serves as a reliable and authentic
reproduction of the original document.
4. A Deed of Servitude is a formal document that outlines an agreement creating a
servitude, which is a right granted to someone to use another’s property for a
specific purpose. This document is drafted and witnessed by a notary and is then
registered in the deeds registry, making it a legally binding and publicly recorded
agreement.
5. To execute a document means to formally sign it, thereby giving it full effect and
validity. In the notarial and conveyancing context, execution involves the act of
signing a document or deed in a specific manner, often in the presence of a witness
1
, or notary, to confirm its authenticity and intention, making it a legally binding and
enforceable agreement.
6. Habitation, or habitatio, refers to a type of personal servitude that grants the holder
the right to inhabit a building or dwelling belonging to someone else. This right
allows the holder and their household to live in the property for a specified period or
for the holder’s lifetime, while preserving the integrity of the dwelling. The holder is
entitled to occupy the property without damaging its substance.
7. A mortgagee is the person or institution that acquires a mortgage over a mortgagor’s
immovable property upon registration of a mortgage bond, becoming a mortgage
creditor with a secured interest in the property.
8. Mortgagor is the person or institution that offers their immovable property as security
to a lender (mortgagee) through a mortgage bond, in order to secure a debt or loan,
and is liable for repayment of the mortgage debt.
9. A praedial servitude is a limited real right that grants the owner of one piece of land
(the dominant tenement) specific rights to use or benefit from another piece of land
(the servient tenement) owned by someone else, in their capacity as landowner.
10. A servient tenement refers to the immovable property (land or premises) that is
burdened by a servitude, allowing the holder of the servitude (either a personal or
praedial servitude) to exercise specific rights over that property. In essence, it’s the
property that is subject to the servitude, granting benefits to another property (in the
case of praedial servitude) or a specific individual (in the case of personal
servitude).
Question 2
1. When registering an antenuptial contract that includes donations such as a sectional
title flat and a usufruct over a farm, as in the case of Thabiso Kunene donating to his
prospective wife, the following need to be adhered to:
2
