LPL4805 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 3
September 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
, Exam (elaborations)
LPL4805 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 3
September 2025
Course
Notarial Practice (LPL4805)
Institution
University Of South Africa (Unisa)
Book
Notarial Practice
LPL4805 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 3
September 2025; 100% TRUSTED Complete, trusted solutions and
explanations. Ensure your success with us...
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. (10)
Analysis of the Assets
Let's break down each asset Xolani wants to use as security:
1. Erf 201 Meadowlands Township, which he leases to Zanele.
o Xolani is the owner of this property.
o A notarial bond can be registered over immovable property. However, it's
important to distinguish between a notarial bond and a mortgage bond. A
mortgage bond is the correct instrument for creating a security interest over a
specific, identifiable immovable property like Erf 201. A notarial bond is
typically used for movable property. While a special notarial bond can be
registered over specific movable assets, it is not the appropriate mechanism for
immovable property.
o Therefore, you cannot register a notarial bond over Erf 201. The correct
procedure would be to register a mortgage bond in favor of Moses.
2. A usufruct over the farm, Moreson.
o A usufruct is a personal servitude, which is a limited real right to use and enjoy
another person's property. It is not ownership.
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 3
September 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
, Exam (elaborations)
LPL4805 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 3
September 2025
Course
Notarial Practice (LPL4805)
Institution
University Of South Africa (Unisa)
Book
Notarial Practice
LPL4805 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 3
September 2025; 100% TRUSTED Complete, trusted solutions and
explanations. Ensure your success with us...
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. (10)
Analysis of the Assets
Let's break down each asset Xolani wants to use as security:
1. Erf 201 Meadowlands Township, which he leases to Zanele.
o Xolani is the owner of this property.
o A notarial bond can be registered over immovable property. However, it's
important to distinguish between a notarial bond and a mortgage bond. A
mortgage bond is the correct instrument for creating a security interest over a
specific, identifiable immovable property like Erf 201. A notarial bond is
typically used for movable property. While a special notarial bond can be
registered over specific movable assets, it is not the appropriate mechanism for
immovable property.
o Therefore, you cannot register a notarial bond over Erf 201. The correct
procedure would be to register a mortgage bond in favor of Moses.
2. A usufruct over the farm, Moreson.
o A usufruct is a personal servitude, which is a limited real right to use and enjoy
another person's property. It is not ownership.
