,LPL4805 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 3
September 2025
MULTIPLE ANSWERS ASSURED EXCELLENCE
Question 1
Facts:
Asset 1: Erf 201 Meadowlands Township — full
ownership, but leased to Zanele.
Asset 2: Usufruct over the farm Moreson — real right,
not ownership.
Instruction: Draft and register a notarial bond over both
assets in favour of Moses.
Legal position
A notarial bond is a form of security registered over movable
property (General Notarial Bond or Special Notarial Bond in
terms of the Security by Means of Movable Property Act 57 of
1993).
If it’s a mortgage bond over immovable property, it must
be registered as such in the deeds registry (and not by a
notary unless it’s a notarial mortgage bond over certain
rights).
, We must check:
1. Erf 201 Meadowlands Township
o This is immovable property.
o If Xolani owns it, security must be given via a
mortgage bond, not a notarial bond.
o You, as a notary, cannot register a mortgage bond —
only a conveyancer can prepare it.
o Therefore, you cannot include this immovable
property in a notarial bond.
2. Usufruct over the farm
o A usufruct is a personal servitude, a limited real
right.
o The holder of a usufruct cannot alienate or mortgage
the property itself but may cede the right in security
if the usufructuary is allowed to (depends on terms).
o If cedable, it can be encumbered via a notarial bond
over the usufructuary right, since that right is
incorporeal movable property for security purposes.
Conclusion
You cannot execute the instruction exactly as requested
because a notarial bond cannot cover the ownership of
ANSWERS) Semester 2 2025 - DUE 3
September 2025
MULTIPLE ANSWERS ASSURED EXCELLENCE
Question 1
Facts:
Asset 1: Erf 201 Meadowlands Township — full
ownership, but leased to Zanele.
Asset 2: Usufruct over the farm Moreson — real right,
not ownership.
Instruction: Draft and register a notarial bond over both
assets in favour of Moses.
Legal position
A notarial bond is a form of security registered over movable
property (General Notarial Bond or Special Notarial Bond in
terms of the Security by Means of Movable Property Act 57 of
1993).
If it’s a mortgage bond over immovable property, it must
be registered as such in the deeds registry (and not by a
notary unless it’s a notarial mortgage bond over certain
rights).
, We must check:
1. Erf 201 Meadowlands Township
o This is immovable property.
o If Xolani owns it, security must be given via a
mortgage bond, not a notarial bond.
o You, as a notary, cannot register a mortgage bond —
only a conveyancer can prepare it.
o Therefore, you cannot include this immovable
property in a notarial bond.
2. Usufruct over the farm
o A usufruct is a personal servitude, a limited real
right.
o The holder of a usufruct cannot alienate or mortgage
the property itself but may cede the right in security
if the usufructuary is allowed to (depends on terms).
o If cedable, it can be encumbered via a notarial bond
over the usufructuary right, since that right is
incorporeal movable property for security purposes.
Conclusion
You cannot execute the instruction exactly as requested
because a notarial bond cannot cover the ownership of
