LPL4805 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 3
September 2025
NO PLAGIARISM
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, Exam (elaborations)
LPL4805 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 3
September 2025
Course
Notarial Practice (LPL4805)
Institution
University Of South Africa (Unisa)
Book
Notarial Practice
LPL4805 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 3
September 2025; 100% TRUSTED Complete, trusted solutions and
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Question 1. Xolani is the owner of Erf 201 Meadowlands Township, which he
leases to Zanele. Xolani is also the holder of a usufruct over the farm,
Moreson, just outside the town where he farms. Xolani borrows money from
a family member Moses. Xolani instructs you, a notary, to draft and register
in the deeds registry, a notarial bond over these two assets in favour of
Moses as security for payment of the debt. Fully explain whether you will be
able to execute the instruction. (10)
A notarial bond can be registered over certain assets as security for a debt. However, based on
the assets Xolani wants to use, you'll only be able to register a bond over one of them.
Erf 201 Meadowlands Township
You can register a notarial bond over Erf 201 Meadowlands Township. The key here is that
Xolani is the owner of the property. A special notarial bond, which grants a real right over a
specific movable asset, can be registered over this erf. However, this is only if the erf is
movable. A general notarial bond can be registered over all movable assets of Xolani.
The Farm, Moreson
You will not be able to register a notarial bond over the farm Moreson. The reason is that Xolani
only holds a usufruct over the farm, not ownership. A usufruct is a personal servitude, which