LPL4805
Assignment 1
Due 03 September 2025
, Notarial Practice
Question 1 – Legal Analysis (10 marks)
Restatement of the Facts:
Asset 1: Erf 201, Meadowlands Township – registered in the name of Xolani, but
subject to a lease agreement with Zanele.
Asset 2: The farm “Moreson” – not owned by Xolani, who merely holds a
usufructuary right over the property.
Instruction: To register a notarial bond over both assets in favour of Moses as
security.
Relevant Legal Principles:
The Deeds Registries Act 47 of 1937 and the Security by Means of Movable
Property Act 57 of 1993 regulate notarial bonds and related securities.
A notarial bond can only be executed by a party who has the legal power to
encumber the property.
Immovable property (such as Erf 201) cannot be encumbered by a notarial
bond; security must be created by a mortgage bond, which may only be
registered by the registered owner of the land.
A usufruct is a limited real right, not ownership. The usufructuary cannot
mortgage the property itself, but may cede the usufruct in security (cession in
securitatem debiti), subject to formal registration.
Notarial bonds are generally used for movables, but certain incorporeal rights
(such as a usufruct) may also be pledged by cession and registered as a notarial
deed.
Application to the Facts:
1. Erf 201, Meadowlands Township
o The property is immovable.
Assignment 1
Due 03 September 2025
, Notarial Practice
Question 1 – Legal Analysis (10 marks)
Restatement of the Facts:
Asset 1: Erf 201, Meadowlands Township – registered in the name of Xolani, but
subject to a lease agreement with Zanele.
Asset 2: The farm “Moreson” – not owned by Xolani, who merely holds a
usufructuary right over the property.
Instruction: To register a notarial bond over both assets in favour of Moses as
security.
Relevant Legal Principles:
The Deeds Registries Act 47 of 1937 and the Security by Means of Movable
Property Act 57 of 1993 regulate notarial bonds and related securities.
A notarial bond can only be executed by a party who has the legal power to
encumber the property.
Immovable property (such as Erf 201) cannot be encumbered by a notarial
bond; security must be created by a mortgage bond, which may only be
registered by the registered owner of the land.
A usufruct is a limited real right, not ownership. The usufructuary cannot
mortgage the property itself, but may cede the usufruct in security (cession in
securitatem debiti), subject to formal registration.
Notarial bonds are generally used for movables, but certain incorporeal rights
(such as a usufruct) may also be pledged by cession and registered as a notarial
deed.
Application to the Facts:
1. Erf 201, Meadowlands Township
o The property is immovable.
