LPL4805
Assignment 1
Semester 2 2025
Due 3 September 2025.
, LPL4805
Assignment 1
Semester 2 2025
Due date: 03 September 2025
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”).¹ South African law
confines the operation of notarial bonds to movable property.²
The correct and lawful mechanism for securing these assets in favour of Moses is the
registration of mortgage bonds. This opinion explains and substantiates this
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
1. Nature of ownership
An “erf” is a registered parcel of land situated within a proclaimed township.³
Ownership of land is immovable property par excellence under South African
private law.⁴
Assignment 1
Semester 2 2025
Due 3 September 2025.
, LPL4805
Assignment 1
Semester 2 2025
Due date: 03 September 2025
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”).¹ South African law
confines the operation of notarial bonds to movable property.²
The correct and lawful mechanism for securing these assets in favour of Moses is the
registration of mortgage bonds. This opinion explains and substantiates this
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
1. Nature of ownership
An “erf” is a registered parcel of land situated within a proclaimed township.³
Ownership of land is immovable property par excellence under South African
private law.⁴
