LPL4805 Assignment 1 2025 Semester 2 (Exceptionally Crafted) Due 3 September 2025

LPL4805
Assignment 1
Semester 2 2025
Due 3 September 2025.

, LPL4805

Assignment 1

Semester 2 2025

Due 3 September 2025



Notarial Practice



Question 1: Legal Opinion



I. Introduction and Conclusion

It is my considered opinion that the instruction to register a notarial bond over (1) the
ownership of Erf 201 Meadowlands Township and (2) the usufruct over the farm
Moreson cannot be executed in law. Both assets constitute immovable property within
the meaning of the Deeds Registries Act 47 of 1937 (“DRA”). South African law
confines the operation of notarial bonds to movable property.¹

The correct and lawful mechanism for securing these assets in favour of Moses is the
registration of mortgage bonds. This opinion substantiates that conclusion by
reference to statutory provisions, doctrinal classifications, and the functional distinction
between notarial and mortgage bonds.



II. Classification of the Assets

A. Ownership of Erf 201 Meadowlands Township

Nature of ownership
An erf is a registered parcel of land situated within a proclaimed township. Ownership of
land is the paradigm of immovable property under South African private law.²