,LPL4805 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 3
September 2025
MULTIPLE ANSWERS ASSURED EXCELLENCE
Question 1
Scenario recap:
Xolani owns Erf 201 Meadowlands Township (immovable
property) and leases it to Zanele.
He also holds a usufruct over the farm Moreson (a
personal servitude — not ownership of the land).
He borrows money from Moses and wants to give Moses
security for the debt.
He instructs the notary to register a notarial bond over
both assets.
Step 1 — Understanding notarial bonds
A notarial bond is a mortgage over movable property,
registered in the Deeds Office, executed by a notary.
It cannot be registered over immovable property —
immovable property is secured by a mortgage bond, not a
notarial bond.
, A general notarial bond covers all movable property of
the debtor, while a special notarial bond covers specific
movable assets (and, under the Security by Means of
Movable Property Act 57 of 1993, can give the creditor
real rights in them).
Step 2 — Applying to each asset
1. Erf 201 Meadowlands Township (immovable property)
o This is immovable property.
o Security over immovable property is created by a
mortgage bond, not a notarial bond.
o As a notary, you cannot register a notarial bond over
land. You would need to refer him to a conveyancer
to register a mortgage bond in favour of Moses.
2. Usufruct over Moreson
o A usufruct is a personal servitude — a limited real
right giving Xolani the right to use and enjoy
another’s property.
o Rights like usufruct are incorporeal property, not
tangible movables.
o A notarial bond can cover movable property
(corporeal movables) and certain incorporeal
ANSWERS) Semester 2 2025 - DUE 3
September 2025
MULTIPLE ANSWERS ASSURED EXCELLENCE
Question 1
Scenario recap:
Xolani owns Erf 201 Meadowlands Township (immovable
property) and leases it to Zanele.
He also holds a usufruct over the farm Moreson (a
personal servitude — not ownership of the land).
He borrows money from Moses and wants to give Moses
security for the debt.
He instructs the notary to register a notarial bond over
both assets.
Step 1 — Understanding notarial bonds
A notarial bond is a mortgage over movable property,
registered in the Deeds Office, executed by a notary.
It cannot be registered over immovable property —
immovable property is secured by a mortgage bond, not a
notarial bond.
, A general notarial bond covers all movable property of
the debtor, while a special notarial bond covers specific
movable assets (and, under the Security by Means of
Movable Property Act 57 of 1993, can give the creditor
real rights in them).
Step 2 — Applying to each asset
1. Erf 201 Meadowlands Township (immovable property)
o This is immovable property.
o Security over immovable property is created by a
mortgage bond, not a notarial bond.
o As a notary, you cannot register a notarial bond over
land. You would need to refer him to a conveyancer
to register a mortgage bond in favour of Moses.
2. Usufruct over Moreson
o A usufruct is a personal servitude — a limited real
right giving Xolani the right to use and enjoy
another’s property.
o Rights like usufruct are incorporeal property, not
tangible movables.
o A notarial bond can cover movable property
(corporeal movables) and certain incorporeal
