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LPL4804 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 3 JUNE 2025 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

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LPL4804 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 3 JUNE 2025 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) **Question 1.** The City of Tshwane has identified a portion of Erf 227 Lotus Gardens Township, which is registered in the name of Themba Ndlovu. The City of Tshwane intends to develop a community centre on the aforementioned portion. Officials from the City of Tshwane approach you, as a conveyancer, for your expertise in expropriation of land. 1.1. What requirements must be met before an expropriation transfer can be registered by the registrar of deeds? (10) 1.2. What supporting documents must be lodged with the expropriation transfer? (5) According to the Expropriation Act 63 of 1975, who is the registered owner of property? (4) Sophie is the registered owner of Erf 501 Laium township, measuring 1 500 square metres. She receives a notice of expropriation that Transnet is to become the owner of a portion, measuring 500 square metres, as from 10 June of the current year. A consideration of R 10 000-00 will be paid to Sophie. 3.1. Sophie believes that R 10 000-00 is not a fair compensation for the 500 square metre portion. What can she do about this? (3) 3.2. On what date will Transnet become the owner of the property? 3.3. Will Transnet be able to grant a right of way over the property before it has been registered in its name? (2) [25] --- **Question 2.** 1. Xolani Mbatha, the registered owner of land in Johannesburg, mortgaged to Absa bank, sells the property to John Zulu. John Zulu does not have enough cash to pay for the land. Fortunately, Nedbank is prepared to lend John Zulu one hundred percent of the purchase price, provided that a mortgage bond is registered in favour of Nedbank over the land being acquired to secure repayment of the loan. In addition to preparing and registering the deed of transfer from Xolani Mbatha to John Zulu, what other duties must the transferring conveyancer perform simultaneously? (12) 2. Assume that you are a conveyancer, and you have been instructed to transfer the land held under Deed of Transfer T2345/2024 from Sipho Gumede to Peter Jones. The property is not currently mortgaged, but Peter Jones has obtained finance from First National Bank, which is to be secured by a mortgage bond. Redraw and complete the excerpt from a lodgement cover below: (10) 3. What do the following codes/ abbreviations commonly used on the lodgement cover mean? 3.1. T (1) 3.2. BC (1) 3.3. VA (1) (3) [25] --- **Question 3** Miss X, who owns various immovable properties registered in her name, subsequently marries Mr Y in community of property. Can Mr Y be cited as the owner / transferor, and is he authorised to sign the transfer documents for the aforementioned properties? Provide authority for your answer. (5) Indicate what information must be included in the recital / causa of the following estate transfers: 3.1. The property in the estate of the late Ben Botes (No. T123/2007) is to be transferred to Jan Lowe. Ben Botes was married in community of property to Susan Botes at the time of his death. Koos Calitz is the executor of the estate. (5) 3.2. The property is registered in the name of Mary Masela, who was married out of community of property. Mary and her husband, Joe Masela, signed a joint will in which they massed their estates upon the death of the first dying. In terms of the will, any property registered in their names must be transferred to Arnold Masela, subject to usufruct in favour of the surviving spouse. Joe has died and Mary has adiated under the will. The property registered in Mary’s name is about to be transferred to Arnold. (10) 3.3. The property in the estate of the late Ben Botes No. T123/2007) is to be transferred to Susan Botes, to whom Ben Botes was married in community of property. Koos Calitz is the executor of the estate. (5) [25] --- **Question 4.** 1. Identify the circumstances in which an error can be rectified in a deed in terms of section 4(1)(b) of the Deeds Registries Act 47 of 1937. (5) 2. The property is registered in the name of Jan Engelbrecht as unmarried. At the date of registration, he was in fact married out of community of property. Can his marital status be rectified in terms of section 4(1)(b) of the Deeds Registries Act 47 of 1937? (10) 3. Under what circumstances may a section 17(4) of the Deeds Registries Act 47 of 1937 be made? (10) [25] ---

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LPL4804
Conveyancing




PORTFOLIO
The



MEMO MAY/JUNE 2025
SEMESTER 1 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 3 JUNE 2025
This memo includes all questions and answers.
PORTFOLIO PREVIEW
Question 1.
The City of Tshwane has identified a portion of Erf 227 Lotus Gardens Township,
which is registered in the name of Themba Ndlovu. The City of Tshwane intends to
develop a community centre on the aforementioned portion. Officials from the City of
Tshwane approach you, as a conveyancer, for your expertise in expropriation of land.
1.1. What requirements must be met before an expropriation transfer can be
registered by the registrar of deeds?
(10)




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,Question 1.
The City of Tshwane has identified a portion of Erf 227 Lotus Gardens Township, which is
registered in the name of Themba Ndlovu. The City of Tshwane intends to develop a
community centre on the aforementioned portion. Officials from the City of Tshwane
approach you, as a conveyancer, for your expertise in expropriation of land.

1.1. What requirements must be met before an expropriation transfer can be registered by
the registrar of deeds? (10)
1.2. What supporting documents must be lodged with the expropriation transfer? (5)

According to the Expropriation Act 63 of 1975, who is the registered owner of property? (4)

Sophie is the registered owner of Erf 501 Laium township, measuring 1 500 square metres.
She receives a notice of expropriation that Transnet is to become the owner of a portion,
measuring 500 square metres, as from 10 June of the current year. A consideration of R 10
000-00 will be paid to Sophie.

3.1. Sophie believes that R 10 000-00 is not a fair compensation for the 500 square metre
portion. What can she do about this? (3)
3.2. On what date will Transnet become the owner of the property?
3.3. Will Transnet be able to grant a right of way over the property before it has been
registered in its name? (2)

[25]




Question 2.

1. Xolani Mbatha, the registered owner of land in Johannesburg, mortgaged to Absa
bank, sells the property to John Zulu. John Zulu does not have enough cash to pay
for the land. Fortunately, Nedbank is prepared to lend John Zulu one hundred
percent of the purchase price, provided that a mortgage bond is registered in favour

, of Nedbank over the land being acquired to secure repayment of the loan. In addition
to preparing and registering the deed of transfer from Xolani Mbatha to John Zulu,
what other duties must the transferring conveyancer perform simultaneously? (12)
2. Assume that you are a conveyancer, and you have been instructed to transfer the land
held under Deed of Transfer T2345/2024 from Sipho Gumede to Peter Jones. The
property is not currently mortgaged, but Peter Jones has obtained finance from First
National Bank, which is to be secured by a mortgage bond. Redraw and complete the
excerpt from a lodgement cover below: (10)
3. What do the following codes/ abbreviations commonly used on the lodgement cover
mean?
3.1. T (1)
3.2. BC (1)
3.3. VA (1)

(3)

[25]




Question 3

Miss X, who owns various immovable properties registered in her name, subsequently
marries Mr Y in community of property. Can Mr Y be cited as the owner / transferor, and
is he authorised to sign the transfer documents for the aforementioned properties? Provide
authority for your answer. (5)

Indicate what information must be included in the recital / causa of the following estate
transfers:

3.1. The property in the estate of the late Ben Botes (No. T123/2007) is to be transferred to
Jan Lowe. Ben Botes was married in community of property to Susan Botes at the time of
his death. Koos Calitz is the executor of the estate. (5)
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