NOTARIAL
TWO ANSWERS PER QUESTION ARE
PROVIDED FOR YOU TO AVOID PRACTICE
PLAGIARISM
LPL 4805
ASSIGNMENT 1
SEMESTER 01
, PRIVATE LAW LPL4805-ASSIGNMENT 1 SEMESTER 1- 2024 PRIMARY LECTURER:
MOTJOPI S DUE DATE: 8 MARCH 2024. INSTRUCTIONS: • This assessment
consists of 1 (one) page. • ALL questions are compulsory. • NO late submission
will be accepted. • This is NOT a group assignment.
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QUESTION 1
1.1. Discuss the liability of the registrar and the state for loss or damage
suffered due to faulty information in the South African deeds register and
explain how this relates to the positive and/or negative South African land
registration system. (6)
Answer 1
1.1In South Africa, the deeds register is a vital tool for establishing ownership and
other property rights. The registrar of deeds is responsible for maintaining the
accuracy of the information in the register, and the state is ultimately responsible
for the proper functioning of the registration system. However, if faulty
information is recorded in the deeds register, and as a result, loss or damage is
suffered by a party, the registrar and the state may be held liable for such loss or
damage.
The liability of the registrar and the state for faulty information in the deeds
register arises from their duty to exercise care and diligence in recording and
maintaining property information. If either the registrar or the state fails to fulfill