SELLING” memos for the year 2024.
LPL4805
Notarial Practice
ASSIGNMENT 1 MEMO
+ FREE EXTRA EXAMPACK/
NOTES BOOKLET
SEMESTER 1 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 02 APRIL 2025
Footnotes/Bibliography included
ASSIGNMENT PREVIEW
X and Y executed their antenuptial contract while on holiday in the Kruger National Park in the
presence of their friend, who is a notary public. Where will the antenuptial contract be
registered? (10)
Question 2.
Describe what a negative personal servitude is and how it is created. (10)
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, Question 1.
X and Y executed their antenuptial contract while on holiday in the Kruger National Park
in the presence of their friend, who is a notary public. Where will the antenuptial contract
be registered?
(10)
Question 2.
Describe what a negative personal servitude is and how it is created. (10)
Question 1: Where will the antenuptial contract be registered?
An antenuptial contract (ANC) is a legal agreement executed by two parties before their marriage,
setting out the property regime that will govern their relationship during and after the marriage.
According to South African law, for an antenuptial contract to be valid, it must be executed in
writing and signed by both parties in the presence of a notary public or another qualified witness.
In this case, X and Y executed their antenuptial contract in the presence of their friend, who is a
notary public, while on holiday in the Kruger National Park. For the antenuptial contract to be
legally binding and enforceable, it must be registered with the Deeds Office.
• Location of Registration: The antenuptial contract will be registered at the Deeds Office
in the district where either of the parties resides or where the contract was executed,
provided the parties agree on the district. Typically, this would be done at the Deeds Office
where the marriage will be registered or where the parties have their domicile or legal
residence.
• Reason for Registration: The registration of an antenuptial contract in the Deeds Office
serves as a public notice of the property arrangements agreed upon by the parties before
marriage. Without registration in the Deeds Office, the ANC will not have effect against