Exam (elaborations)
LPL4805 MCQ QUESTIONS AND ANSWERS SUPP EXAM PREP 2022
- Institution
- University Of South Africa (Unisa)
LPL4805 NOTARY MCQ SUPP EXAM 2022 QUESTIONS AND ANSWERS
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TEL:0113385204 KWANELE:0783120365 MERRY: 0840610501LPL4805-NOTARY
2021 SUPER SEMESTER EXAM
Question 1
A personal servitude may be reserved by means of a reservation in the power of
attorney to pass transfer as a condition in a deed of transfer of land if the reservation is
in favour of a certain designated class of persons. Which section of the Deeds
Registration Act 47 of 1937 authorises the creation of a servitude by a reservation in a
power of attorney to pass transfer.
A. Section 82 of the Act.
B. Section 66 of the Act.
C. Section 65 of the Act.
,D. Section 67 of the Act.
Question 2
Which section of the Deeds Registration Act 47 of 1937, provides for the reservation in
the power of attorney when the land being transferred is subject to unregistered
servitude rights?
A. Section 76(2) of the Act.
B. Section 75(1) of the Act.
C. Section 67 of the Act.
D. Section 76 (1) (a-c) of the Act.
Section 76(1) (a)–(c) provides for the reservation in the power of attorney where
the land being transferred is subject to unregistered servitude rights.
Question 3
When does a servitude created by way of prescription vest in the entitled person?
A. It vests when the Deeds office records have been rectified accordingly.
B. It vests the moment that all the prerequisites for the completion of acquisitive
prescription have been met.
C. It vests on registration.
D. It vests when the period of prescription has expired.
Court order, statute and prescription
Praedial and personal servitudes can also be created by a court order or by way
of prescription. Registration of such servitudes merely serves as rectification of
the deeds registry records as the servitude vests immediately, on the granting of
the court order or at the moment all the prerequisites for the completion of
acquisitive prescription have been met.
Question 4
How can a registered personal servitude be amended?
A. By a bilateral notarial agreement.
B. By a unilateral notarial agreement.
,C. By simply replacing the obsolete clause with a new one.
D. By notarial agreement.
A personal servitude can be amended by way of a bilateral notarial deed or a
court order.
Question 5
What purpose does the registration of servitudes created by a court order or by way of
prescription serve?
A. The purpose of registration of such servitudes is to note existence of the servitude.
B. Registration of such servitudes symbolizes the creation of such servitudes.
C. Such registration signifies the cession of the servitude’s entitlement to the entitled
person.
D. Registration of such servitudes merely serves as rectification of the deed’s registry
records.
Registration of such servitudes merely serves as rectification of the deeds
registry records as the servitude vests immediately, on the granting of the court
order or at the moment all the prerequisites for the completion of acquisitive
prescription have been met.
Question 6
Massa and Percy intended to get married in the near future. They have been advised to
enter into an antenuptial agreement before the solemnization of their marriage. Explain
an antenuptial contract to them.
A. who are competent to enter into a marriage or civil union, and have the intention of
entering into a marriage or civil union with each other, regulate the matrimonial property
dispensation of the proposed marriage or union, with the main aim of excluding
community of profit and loss from the proposed marriage or union.
B. An antenuptial contract is a written contract executed and attested by a notary in
terms of which two parties who are by law competent to enter into a marriage or a civil
union, and have the intention of entering a marriage or a civil union, and have the
intention of entering into a marriage or a civil union with each other, with the aim of
excluding the community of property and the community of profit and loss from the
proposed marriage or civil union.
, C. An antenuptial contract is a written contract executed and attested by a notary in
terms of which two parties who are by law competent to enter into a marriage or a civil
union, and have the intention of entering a marriage or a civil union, and have the
intention of entering into a marriage or a civil union with each other, regulate the
matrimonial dispensation of the proposed marriage or union, with the aim of excluding
the community of property and the community of profit and loss, from the proposed
marriage or union.
D. An antenuptial contract is a written contact executed by a conveyancer in terms of
which two parties who are by law competent to enter into a marriage or a civil union,
and have the intention of entering into a marriage or a civil union with each other
regulate the matrimonial property dispensation of the proposed marriage or union, with
the main aim of excluding the community of property and the community of profit and
loss from the proposed marriage or union.
Question 7
One of the supporting documents that must accompany the trust deed for registration is
a letter from an auditor. The letter must indicate whether the trust will be audited
annually and if so, the name and address of the auditor and an undertaking by the
auditor that he or she will inform the Master of the High Court of certain information.
Which of the following is not contained in this letter?
A. The name and personal information of any new persons that are admitted as new
trustees of the trust.
B. If the trust is not being administered according to the instructions in the trust
document.
C. If he or she is no longer acting as the auditor.
D. If a substantial amount has been added to the capital of the trust, with disclosure of
the amount.
Question 8
When a trust is lodged with the Master of the High Court for registration, it is issued with
a trust number that will have the prefix ‘IT’ or ‘MT’. What do these prefix indicate?
A. ‘IT’ indicates that it is an inter vivos trust and ‘MT’ indicates that in is a mortis causa
trust.
B. ‘IT’ indicates that it is an inter vivos trust, which is terminated when the founder dies,
and the ‘MT’ indicates that it is a mortis causa trust, which is terminated upon the
fulfillment of certain conditions.
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