LPL4805
Assignment 1 Semester 2 2025
Unique Number:
Due Date: 3 September 2025
QUESTION 1
Xolani is the owner of Erf 201 Meadowlands Township, which he leases to Zanele.
Xolani is also the holder of a usufruct over the farm, Moreson, just outside the town
where he farms. Xolani borrows money from a family member Moses. Xolani instructs
you, a notary, to draft and register in the deeds registry, a notarial bond over these
two assets in favour of Moses as security for payment of the debt. Fully explain
whether you will be able to execute the instruction.
A notarial bond can be registered only over movable property. Section 82 of the Deeds
Registries Act 47 of 1937 allows for the registration of a notarial bond over a registered
lease or sublease, but as notarial bonds may only be registered over movables, this
provision applies to a registered short-term lease. A registered long-term lease is defined as
immovable property under section 102 of the Act and may only be hypothecated by way of
an ordinary mortgage bond.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 2 2025
Unique Number:
Due Date: 3 September 2025
QUESTION 1
Xolani is the owner of Erf 201 Meadowlands Township, which he leases to Zanele.
Xolani is also the holder of a usufruct over the farm, Moreson, just outside the town
where he farms. Xolani borrows money from a family member Moses. Xolani instructs
you, a notary, to draft and register in the deeds registry, a notarial bond over these
two assets in favour of Moses as security for payment of the debt. Fully explain
whether you will be able to execute the instruction.
A notarial bond can be registered only over movable property. Section 82 of the Deeds
Registries Act 47 of 1937 allows for the registration of a notarial bond over a registered
lease or sublease, but as notarial bonds may only be registered over movables, this
provision applies to a registered short-term lease. A registered long-term lease is defined as
immovable property under section 102 of the Act and may only be hypothecated by way of
an ordinary mortgage bond.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
