TABLE OF CONTENTS
MEMOES FROM
SUGGESTION LONG QUESTION AND ANSWERS 2022
OCTOBER NOVEMBER 2020 TO OCT NOV 2021
MAY JUNE 2020
OCTOBER NOVEMBER 2019
MAY JUNE 2019
OCTOBER NOVEMBER 2018
MAY JUNE 2018
1. What does the examination of a deed by the registrar of deeds as
provided for in section 3...
,1. What does the examination of a deed by the registrar of deeds as
provided for in section 3(1)(b) of the Deeds Registries Act 47 of 1937
entail. (5)
Examination of a deed in terms of section 3(1)(b) requires that the registrar:
- Rejects any deed or document which is not legally registerable or to which
a valid objection exists
- Checks that all the legal provisions relating to the transaction have
been complied with. (This excludes the facts for which the preparing
conveyancer takes responsibility in terms of Regulation 44A, but includes
title conditions and related consents from third parties).
- Checks that there are no interdicts against the relevant person or property
prohibiting the transaction and if there are, ensures that the interdicts are
disposed of before registering such transaction.
- Endorses the relevant deeds or documents to give effect to the registration
of the transaction. For instance, if a mortgage bond is registered against a
property, the registrar must endorse the title deed of the property to reflect
that such a mortgage bond has been registered, as well as endorsing
the actual mortgage bond to reflect that it has in fact been registered in
the deeds office.
- Updating and maintaining deeds registry records of new registrations.
2. List and briefly discuss five aspects or facts for which the
conveyancer accepts responsibility by signing the preparation clause
of a deed. (5)
Regulation 44A provides that the preparer of the deeds is responsible to ensure that:
- all copies of the deeds or documents are identical at date of lodgement.
- In the case of a deed of transfer or certificates of title to land, all the
applicable township and other conditions have been correctly brought
forward from the previous title deed.
- Where deeds and documents are being signed by an executor, trustee,
tutor, curator, liquidator or judicial manager, or by a person in any other
representative capacity, that form perusal of the documents evidencing the
appointment which have been exhibited to the conveyancer, the signatory:
• has in fact been so appointed
• is acting within his/her powers and
• has furnished the necessary security to the Master of the Supreme
Court, if required.
- to the best of the knowledge and belief of the preparing conveyancer
and after due enquiry has been made, the names, identity number or
date of birth and marital status of any natural person who is a party to
the deed or document is correctly reflected in the deed or document;
, and the names and registered number, if any, of any other (legal) person or a
trust are correctly reflected in that deed or document.
- Where deeds and documents are being signed on behalf of a company,
close corporation, church, association, society, trust or other body of
persons, or an institution,
- the signatory is in fact authorized, that is, proof that the signatory is
authorised by the board of directors or management to sign the
documentation, by way of a resolution
- the relevant transaction is authorized by and according to the
constitution, regulations, founding statement or trust instrument
- in the case of a deed of transfer, certificate of title or mortgage bond, the
particulars in the deed have been correctly brought forward from the special
power of attorney or relevant application.
3. Where land forms an asset in a joint estate, it is always necessary
for the surviving spouse to pass transfer of land together with the
executor in the estate of the deceased. Discuss this statement
critically. (5)
At first glance this statement appears to be correct. Land registered in the
names of parties married to each other in community of property, at the death
of one of the spouses, belong in undivided half shares respectively to the surviving
spouse and the deceased estate. Thus, like all co-owners, both the surviving
spouse and the representative of the deceased estate must transfer the land.
Note however the exceptions in terms of Section 21 of the Deeds Registries Act
47 of 1937, namely:
• where the executor is dealing only with the share of the deceased
spouse;
• where the surviving spouse is the executor in the estate;
• where the land has been sold to pay debts of the joint estate;
• where there was a massing of the joint estate and the surviving spouse
adiated;
• where the property is being transferred to the surviving spouse
These exceptions deal with instances where the surviving spouses interests are
either not affected, or where he/she has already by implication consented in writing
to the transfer. Accordingly this statement is not completely correct.
4. Briefly explain what a mortgage bond is and list the requirements for
the registration of a valid mortgage bond. (5)
A mortgage bond is registered over land in order to secure an obligation of the
registered owner (the mortgagor) of that land, for example to repay money lent
to him by the person in whose favour the bond is registered (the mortgagee).
A mortgage bond therefore secures repayment of a debt, it encumbers immovable
property, and a written deed is registered in the deeds office.
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