LPL4804
Assignment 1
Semester 2 2025
Due 18 August 2025.
, LPL4804
Assignment 1
Semester 2 2025
Due date: 18 August 2025
Question 1 – Drafting Vesting Clauses
The vesting clause in a deed of transfer sets out the identity and legal capacity of the
transferee in accordance with the Deeds Registries Act 47 of 1937 and the regulations
thereunder (notably Regulation 39). This ensures that the transferee is sufficiently
described for the purposes of title registration. Below are the drafted vesting clauses for
the specific transferees.
(a) Partnership where at least one partner is married in community of property
Assumptions:
The partnership is called ABC Partnership, comprising:
• Partner A – identity number [insert], married in community of property to Spouse
A, identity number [insert]
• Partner B – identity number [insert], unmarried
• Partner C – identity number [insert], married out of community of property
Vesting Clause:
ABC Partnership, a partnership duly formed under the laws of the Republic of South
Africa, consisting of: Partner A, identity number [insert], married in community of
property to Spouse A, identity number [insert]; Partner B, identity number [insert],
unmarried; and Partner C, identity number [insert], married out of community of
property; holding the property in equal undivided shares.
Assignment 1
Semester 2 2025
Due 18 August 2025.
, LPL4804
Assignment 1
Semester 2 2025
Due date: 18 August 2025
Question 1 – Drafting Vesting Clauses
The vesting clause in a deed of transfer sets out the identity and legal capacity of the
transferee in accordance with the Deeds Registries Act 47 of 1937 and the regulations
thereunder (notably Regulation 39). This ensures that the transferee is sufficiently
described for the purposes of title registration. Below are the drafted vesting clauses for
the specific transferees.
(a) Partnership where at least one partner is married in community of property
Assumptions:
The partnership is called ABC Partnership, comprising:
• Partner A – identity number [insert], married in community of property to Spouse
A, identity number [insert]
• Partner B – identity number [insert], unmarried
• Partner C – identity number [insert], married out of community of property
Vesting Clause:
ABC Partnership, a partnership duly formed under the laws of the Republic of South
Africa, consisting of: Partner A, identity number [insert], married in community of
property to Spouse A, identity number [insert]; Partner B, identity number [insert],
unmarried; and Partner C, identity number [insert], married out of community of
property; holding the property in equal undivided shares.
