LPL4805 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE 26 August 2026

Which requirements does a notarial bond have to meet to ensure the security benefit that the Security by Means of Movable Property Act 57 of 1993 provides? Name the persons who are incompetent to act as are trustees in terms of the Trust Property Control Act 57 of 1988. What is the difference between ante-nuptial contract and post-nuptial contract? Name the facts which have to be stated in a notarial bond in terms of section 61 of the Deeds Act in order to make such bond acceptable for registration. Name the persons who are incompetent to act as are trustees in terms of the Trust Property Control Act 57 of 1988. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? X, a company with its head office in Cape Town, is the owner of a fleet of delivery vehicles which X uses for carrying on its country wide business as a general dealer. Y, a bank with its head office in Pretoria, has given X an overdraft facility. appeared before you, a notary to execute and register a servitude agreement. Due to your large volume of work, you erroneously forgot to register the servitude agreement at the Registrar of Deeds office. Will the unregistered agreement establish an enforceable servitude agreement? Explain. X offers its vehicles and trading stock to Y as security for payment of the outstanding amount on its overdraft. Y approaches you as a notary for advice. Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? appeared before you, a notary to execute and register a servitude agreement. Due to your large volume of work, you erroneously forgot to register the servitude agreement at the Registrar of Deeds office. Will the unregistered agreement establish an enforceable servitude agreement? Explain. Substantiate your answer. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. Name the persons who are incompetent to act as are trustees in terms of the Trust Property Control Act 57 of 1988. What must the parties state in their application to convince the court to grant the order? Briefly explain with reference to the objects of security what documents you would prepare in order to provide Y with the best possible form of security. Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Substantiate your answer. Indicate at what stage these documents will lead to real security in favour of Y. appeared before you, a notary to execute and register a servitude agreement. Due to your large volume of work, you erroneously forgot to register the servitude agreement at the Registrar of Deeds office. Will the unregistered agreement establish an enforceable servitude agreement? Explain. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? Name the persons who are incompetent to act as are trustees in terms of the Trust Property Control Act 57 of 1988. Where must these documents be registered? Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Substantiate your answer. When must these documents be registered? Explain briefly whether a mortgagee enjoys any security under either a general notarial bond or a specific notarial bond. Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Name the persons who are incompetent to act as are trustees in terms of the Trust Property Control Act 57 of 1988. Substantiate your answer. Name five types of important notarial bonds that you will encounter in practice. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? appeared before you, a notary to execute and register a servitude agreement. Due to your large volume of work, you erroneously forgot to register the servitude agreement at the Registrar of Deeds office. Will the unregistered agreement establish an enforceable servitude agreement? Explain. What are the required periods for the registration of a notarial bond in more than one deeds registry? What is the difference between ante-nuptial contract and post-nuptial contract? Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. appeared before you, a notary to execute and register a servitude agreement. Due to your large volume of work, you erroneously forgot to register the servitude agreement at the Registrar of Deeds office. Will the unregistered agreement establish an enforceable servitude agreement? Name the persons who are incompetent to act as are trustees in terms of the Trust Property Control Act 57 of 1988. Explain. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Substantiate your answer. X is the owner of a residential erf in town, but she resides in a town house which she has been renting from Z for many years. X is also the holder of a usufruct over the farm Moreson just outside the town where she farms. X borrows money from a family member, Y. X instructs you, a notary, to draft and register in the deeds registry a notarial bond over these three assets in favour of Y as security for payment of the debt. Fully explain whether you will be able to execute the instruction. X, the owner of a cargo ship, lets his goods shed to Z on a long term lease. X also owns a house in Cape Town as well as several vehicles. X owes Bank Y a large sum of money. Bank Y requests you, as a notary, to draft a notarial bond. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. Name the persons who are incompetent to act as are trustees in terms of the Trust Property Control Act 57 of 1988. What must the parties state in their application to convince the court to grant the order? appeared before you, a notary to execute and register a servitude agreement. Due to your large volume of work, you erroneously forgot to register the servitude agreement at the Registrar of Deeds office. Will the unregistered agreement establish an enforceable servitude agreement? Explain. What advice would you give Bank Y about the security objects and the forms of real security to be used here? Name three conditions relating to the payment of the debt that may not be included in a bond. Name the persons who are incompetent to act as are trustees in terms of the Trust Property Control Act 57 of 1988. Define an antenuptial contract.