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LPL4805 ASSIGNMENT 1 SEMESTER 2 - 2022

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LPL4805 ASSIGNMENT 1 SEMESTER 2 - 2022

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  • August 18, 2022
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  • 2022/2023
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LPL4805 ASSIGNMENT 1
SEMESTER 2 - 2022

DUE DATE: 19 AUGUST 2022

, QUESTION 1

X is the owner of a residential erf in town, which she leases to Z. X is also the holder of a
usufruct over the farm, Môreson, just outside the town where she farms. X borrows
money from a family member, Y. X instructs you, a notary, to draft and register in the
Deeds Registry, a notarial bond over these two assets in favour of Y as security for
payment of the debt. Fully explain whether you will be able to execute the instruction.



QUESTION 2

May the registrar of deeds register a notarial bond over a lease or sublease in respect of
both movable & immovable property?



QUESTION 3

Andile is the holder of a registered servitude of right of way over an adjacent farm,
Pontes. Andile buys the adjacent farm, but, on registration of transfer in his name, he fails
to cancel the servitude in the Deeds Office. Sometime later, Andile gets a good offer for
his original farm and sells it to Jabu. May Jabu claim a servitude of right of way over the
adjacent farm, Pontes, which still belongs to Andile? Substantiate your answer.




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