LPL4805
Assignment 1 Semester 2 2025
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
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
In this scenario, Xolani owns Erf 201 Meadowlands Township, which is immovable
property. Because a notarial bond cannot be registered over immovable property, it
1
Deeds Registries Act 47 of 1937, s 82.
Assignment 1 Semester 2 2025
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
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
In this scenario, Xolani owns Erf 201 Meadowlands Township, which is immovable
property. Because a notarial bond cannot be registered over immovable property, it
1
Deeds Registries Act 47 of 1937, s 82.
