LPL4804 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 28 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LPL4804 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 28 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) Question 1. 1.1. Discuss the liability of the registrar of deeds 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) 1.2. Explain to a furious client why there is approximately a 10-day period from the date of lodgement of the deeds at the deeds registry office to the date of actual registration of the transaction; i.e. what happens to the deeds in the deeds registry office, from lodgement to registration. (10) 1.3. Explain the content and relevance of an extending clause in a deed of transfer. Provide an example to illustrate your answer. (4) [20] Question 2. 2. Peruse the preparation certificates below and, in each instance, advise whether or not it complies with the Deeds Registries Act 47 of 1937 and the regulations issued thereunder. In addition, provide reasons for your decision. You may ignore the recently imposed requirement for the inclusion of Legal Practice Council numbers. Question 2. 2. Peruse the preparation certificates below and, in each instance, advise whether or not it complies with the Deeds Registries Act 47 of 1937 and the regulations issued thereunder. In addition, provide reasons for your decision. You may ignore the recently imposed requirement for the inclusion of Legal Practice Council numbers. 2.1. (3) Countersigned by me Prepared by me K.Tau. S.Motjopi Conveyancer Notary Public Joe Soap Shadi Motjopi. CERTIFICATE OF REGISTERED TITLE. 10 2.2. (3) 2.3 (3) 2.4. (3) (3) 2.5. In the deed below, which of the signatories takes responsibility regarding whether an executor, trustee, tutor, curator or liquidator, who signed deeds and documents, is in fact validly appointed in such representative capacity and is acting within his/her powers? Explain your choice. (2) Prepared by me. M. Mabaso. Attorney. Joe Soap CONSENT TO RELEASE. Countersigned by me Prepared by me M. Mabena R. Radebe Conveyancer Notary Public N.Nkuna S. Peterson POWER OF ATTORNEY TO MORTGAGE. Countersigned by me Prepared by me M.Mabena. R.Radeba State Attorney Attorney. D.Morifi Joe Soap SECTION 17 (4) RECTIFICATION APPLICATION. Countersigned by me Prepared by me M Mabena K. Tau Conveyancer Notary Public Joe Soap Mary Smith SPECIAL POWER OF ATTORNEY TO TRANSFER. 11 2.6. In the deed below, which of the signatories takes responsibility when signing documents on behalf of a company, close corporation, church, association or society. Indicate whether the signatory is in fact authorised to sign on behalf of the institution. (2) (2) 2.7. Mabena, the registered owner of Erf 1123 in Mamelodi Township, which is mortgaged to ABC Bank, sells the property to Morris. Morris does not have enough cash to pay the purchase price for the land. Loaded Bank is prepared to lend to Morris the money for the full purchase price. The condition for the loan is that a mortgage bond must be registered in favour of Loaded Bank over the land that is being acquired upon registration of the transfer in order to secure repayment of the loan. Below is an extract from the deeds office lodgement cover. Which transaction does this lodgement cover relate to? (2) B. (a) VIR AKTEBESORGER SE GEBRUIK FOR CONVEYANCERS USE Skajeling/ Linking N C Name of parties Firm No No in batch Title deeds 1. T Mabena/Morris 123 1 B88/2023 2. BC Mabena/ ABC Bank 456 2 3. B Morris/Loaded Bank 789 3 Countersigned by me. Prepared by me M.Mabena. K. Tau Conveyancer Notary Public Joe Soap Mary Smith DEED OF TRANSFER. Verwysingsno/ Reference No J Radebe File/201/2023 3 1 12 2.8. Bongani Mahosana and Zinhle Mahosana are married in community of property. Draft the preamble of the deed of transfer in which you describe them as transferors. (2) [20] Question 3. 3.1. Briefly discuss the purpose and contents of the following clauses found in mortgage bonds: (a). the preamble (3) (b). the acknowledgment clause. (2) (c). the amount of the debt or the bond amount. (4) (d). the ranking clause (6) 3.2. Distinguish between the cancellation of a mortgage bond and the release from a mortgage bond. (5) [20] Question 4. 4.1. What is the purpose of a partition transfer and what circumstances must prevail for such a transfer to take place? (8) 4.2. Discuss the circumstances that must prevail before a registrar of deeds will issue certificates of registered title to an owner in terms of sections 35, 36,38 and 39 (1) and (2) of the Deeds Registries Act 47 of 1937. (10) 4.3. Provide an example of when transfer by virtue of a court order may be sought. (2) [20] 13 Question 5 5.1. Under what circumstances would a conveyancer effect an estate transfer: (a) in terms of section 18 (3) of the Administration of Estate Act 66 of 1965? (8) (b) of take-over in terms of section 38 the Administration of Estate Act 66 of 1965? (8) (c) of a sale in terms of section 34 (2) of the Administration of Estate Act 66 of 1964? (4) [20] [100]