LPL4805
Assignment 1
(COMPLETE
ANSWERS)
Semester 2 2025 -
DUE 3 September
2025
FOR MORE ASSISTANCE CONTACT:
100% TRUSTED WORKINGS, EXPLANATIONS & SOLUTIONS
, LPL4805 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 3
September 2025
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)
Short answer: No — you cannot register one single notarial bond over Erf 201
(an immovable) and over a usufruct. The two assets are different in kind and
attract different security instruments and formalities. Below I explain why and
what you should do instead.
1. Legal principles (brief)
• Notarial bonds in South African practice hypothecate movable, corporeal
property (special or general notarial bonds) and are registered in the Deeds Office
to give the creditor a ranking in insolvency/against third parties. They do not
extend to land (immovable property) or to incorporeal real rights like a usufruct.
loftuslaw.co.zavdm.law
• Immovable property (an erf/land) is secured by a mortgage (mortgage bond)
and not by a notarial bond. A mortgage bond is the normal, registrable security
instrument to hypothecate land in the Deeds Registry. lawlibrary.org.zastbb.co.za
• A usufruct is a limited real (incorporeal) right to use and enjoy land; it is
registrable against title and gives the usufructuary enforceable rights. The legal
position is nuanced: a usufructuary’s interest is not a simple movable, and the
Deeds Regulations require particular steps (and often a waiver) where a mortgage
is to be registered over land subject to a usufruct. Norton Rose FulbrightNamibLII
2. Apply those principles to Xolani’s instruction
Assignment 1
(COMPLETE
ANSWERS)
Semester 2 2025 -
DUE 3 September
2025
FOR MORE ASSISTANCE CONTACT:
100% TRUSTED WORKINGS, EXPLANATIONS & SOLUTIONS
, LPL4805 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 3
September 2025
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)
Short answer: No — you cannot register one single notarial bond over Erf 201
(an immovable) and over a usufruct. The two assets are different in kind and
attract different security instruments and formalities. Below I explain why and
what you should do instead.
1. Legal principles (brief)
• Notarial bonds in South African practice hypothecate movable, corporeal
property (special or general notarial bonds) and are registered in the Deeds Office
to give the creditor a ranking in insolvency/against third parties. They do not
extend to land (immovable property) or to incorporeal real rights like a usufruct.
loftuslaw.co.zavdm.law
• Immovable property (an erf/land) is secured by a mortgage (mortgage bond)
and not by a notarial bond. A mortgage bond is the normal, registrable security
instrument to hypothecate land in the Deeds Registry. lawlibrary.org.zastbb.co.za
• A usufruct is a limited real (incorporeal) right to use and enjoy land; it is
registrable against title and gives the usufructuary enforceable rights. The legal
position is nuanced: a usufructuary’s interest is not a simple movable, and the
Deeds Regulations require particular steps (and often a waiver) where a mortgage
is to be registered over land subject to a usufruct. Norton Rose FulbrightNamibLII
2. Apply those principles to Xolani’s instruction
