LPL4804
Assignment 1
(COMPLETE
ANSWERS)
USER
[Email address]
, LPL4804 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 August 2025;
Question 1. 1. Draft the vesting clauses for the transferees listed below, as required by the Deeds
Registries Act 47 of 1937 and the regulations issued thereunder. You may use your imagination
for any missing details: (a). A partnership where at least one of the partners is married in
community of property. (4) (b). A person who does not have a valid identity document. (3) (c). A
trust. (3) [10] Downloaded by Phuluso Mukwevh () lOMoARcPSD| Question 2. John Doe, who
was married in community of property to Jane Doe, has died. Answer the following questions:
2.1. In terms of John Doe’s last will and testament, his surviving spouse Jane Doe inherits the
family home. Who must sign the power of attorney to pass transfer of the immovable property?
Explain and support your answer. (3) 2.2. In terms of John Doe’s last will and testament, his
surviving spouse Jane Doe inherits the family home. There is not enough cash in the estate to pay
the estate creditors, thus the executor is obliged to sell the family home by public auction to pay
the estate creditors. Who must sign the power of attorney to pass transfer? (3) 2.3. John and Jane
Doe’s joint last will and testament stipulates that the joint estate must be merged and dealt with
as a massed unit. They will further provide that their daughter, Josie inherits the family home,
subject to a usufruct in favour of the surviving spouse, who must sign the power of attorney to
pass the transfer of the immovable property to Josie? Support and explain your answer. (4)
Semester 2, 2025
Due Date: 18 August 2025
Question 1: Draft the Vesting Clauses
(Total: 10 marks)
Introduction to Vesting Clauses and the Deeds Registries Act 47 of 1937
A vesting clause is a legal clause in a deed of transfer that specifies exactly how ownership of
immovable property is to be vested or registered in the transferee. It is a key requirement under
the Deeds Registries Act 47 of 1937 and its regulations to ensure clarity in the registration of
ownership and to protect the rights of all parties.
The Deeds Registries Act governs the registration of property in South Africa. One of its primary
functions is to provide a transparent, secure, and definitive register of all property rights and
interests. When immovable property changes hands, the deed of transfer must include a vesting
clause that complies with the Act to ensure valid registration.
The specific wording of the vesting clause varies depending on the nature of the transferee —
whether it’s an individual, a partnership, a company, a trust, or another legal entity. This is
Assignment 1
(COMPLETE
ANSWERS)
USER
[Email address]
, LPL4804 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 August 2025;
Question 1. 1. Draft the vesting clauses for the transferees listed below, as required by the Deeds
Registries Act 47 of 1937 and the regulations issued thereunder. You may use your imagination
for any missing details: (a). A partnership where at least one of the partners is married in
community of property. (4) (b). A person who does not have a valid identity document. (3) (c). A
trust. (3) [10] Downloaded by Phuluso Mukwevh () lOMoARcPSD| Question 2. John Doe, who
was married in community of property to Jane Doe, has died. Answer the following questions:
2.1. In terms of John Doe’s last will and testament, his surviving spouse Jane Doe inherits the
family home. Who must sign the power of attorney to pass transfer of the immovable property?
Explain and support your answer. (3) 2.2. In terms of John Doe’s last will and testament, his
surviving spouse Jane Doe inherits the family home. There is not enough cash in the estate to pay
the estate creditors, thus the executor is obliged to sell the family home by public auction to pay
the estate creditors. Who must sign the power of attorney to pass transfer? (3) 2.3. John and Jane
Doe’s joint last will and testament stipulates that the joint estate must be merged and dealt with
as a massed unit. They will further provide that their daughter, Josie inherits the family home,
subject to a usufruct in favour of the surviving spouse, who must sign the power of attorney to
pass the transfer of the immovable property to Josie? Support and explain your answer. (4)
Semester 2, 2025
Due Date: 18 August 2025
Question 1: Draft the Vesting Clauses
(Total: 10 marks)
Introduction to Vesting Clauses and the Deeds Registries Act 47 of 1937
A vesting clause is a legal clause in a deed of transfer that specifies exactly how ownership of
immovable property is to be vested or registered in the transferee. It is a key requirement under
the Deeds Registries Act 47 of 1937 and its regulations to ensure clarity in the registration of
ownership and to protect the rights of all parties.
The Deeds Registries Act governs the registration of property in South Africa. One of its primary
functions is to provide a transparent, secure, and definitive register of all property rights and
interests. When immovable property changes hands, the deed of transfer must include a vesting
clause that complies with the Act to ensure valid registration.
The specific wording of the vesting clause varies depending on the nature of the transferee —
whether it’s an individual, a partnership, a company, a trust, or another legal entity. This is
