Exam (elaborations)
LPL4804 - CONVEYANCING EXAM PACK
- Institution
- University Of South Africa (Unisa)
LPL4804 - Conveyancing Exam Pack
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1. MCQ QUESTIONIndicate the correct option on the online mark reading sheet.
One of the negative characteristics of the South African deeds registration
system is that...
[1] The state does not guarantee the correctness of the system.
[2] There is no investigation or examination of the deeds by the state prior to
registration.
[3] Deeds are not linked to a cadastral system of maps and diagrams.
[4] There is minimal state intervention. (2)
2. MCQ QUESTION
Indicate the correct option on the online mark reading sheet.
Ana subdivides her land, which is mortgaged in favour of ABSA bank. Ana sells
and wishes to transfer portion 1 of the subdivision.
[1] The ABSA mortgage bond must be cancelled simultaneously with the
transfer of portion 1
[2] Portion 1 of the subdivision must be transferred subject to the ABSA
mortgage bond.
[3] The ABSA mortgage bond must first be paid off before Ana can transfer
portion 1.
[4] Portion 1 of the subdivision must be released from the operation of the
ABSA mortgage bond. (2)
3. MCQ QUESTION
Indicate the correct option on the online mark reading sheet.
,[1] When a notary or attorney signs the preparation certificate of a power of
attorney, that notary or attorney certifies that the notary/attorney is duly
practicing as such.
[2] When a notary or attorney signs the preparation certificate of a power of
attorney, that notary or attorney certifies that the notary/attorney is duly
authorised so to sign.
[3] When a notary or attorney signs the preparation certificate of a power of
attorney, that notary or attorney certifies that he/she takes responsibility
for the contents of the document in terms of section 15, section 15A and
regulation 44 of the Deeds Registries Act 47 of 1937.
[4] Notaries or attorneys may not validly sign the preparation certificate of a
power of attorney. (2)
4. MCQ QUESTION
Indicate the correct option on the online mark reading sheet.
Jack, the registered owner of Erf 111 Alexandra, sells and transfers the land to
Abram. Abram has obtained mortgage finance from Absa Bank to purchase the
property. The seller, Jack, is going to use the proceeds of the sale of Erf 111
Alexandra to simultaneously purchase a retirement home, Erf 99 Sunset. The
seller, Jack, has an existing mortgage bond over Erf 111 Alexandra in favour of
First National Bank which will have to be cancelled. The transactions relating to
the transfer of Erf 111 Alexandra from Jack to Abram will be...
[1] A solo (single) transaction.
[2] One of two linked transactions.
[3] One of three linked transactions.
[4] One of at least four linked transactions. (2)
,5. MCQ QUESTION
Indicate the correct option on the online mark reading sheet.
In the circumstances described in 4 above...
[1] X or his duly authorised conveyancer may sign the execution clause of the
Alexandra deed of transfer in the presence of the Registrar of Deeds in
order to effect the transfer.
[2] Y may sign the execution clause of the Alexandra deed of transfer in the
presence of the Registrar of Deeds in order to effect the transfer.
[3] A state official may sign the execution clause of the Alexandra deed of
transfer in the presence of the Registrar of Deeds in order to effect the
transfer.
[4] A notary public authorized by Y, may sign the execution clause of the
Alexandra deed of transfer in the presence of the Registrar of Deeds in
order to effect the transfer. (2)
6. MCQ QUESTION
Indicate the correct option on the online mark reading sheet.
The significance of the Legator McKenna Inc and Another v Shea and Others
2010 (1) SA 35 SCA for conveyancing is that:
[1] Real rights and transactions registered in the deeds office will always be
reversed where the underlying causa is defective.
[2] Real rights and transactions registered in the deeds office will never be
reversed because the underlying causa is defective.
[3] Despite defects in the underlying contracts and processes of a deeds
registration, the status quo may be retained if at the time of registration
there was a “real” agreement between the parties.
, [4] Despite defects in the underlying contracts and processes of a deeds
registration, the status quo will be retained if that promotes legal certainty.
(2)
7. MCQ QUESTION
Indicate the correct option on the online mark reading sheet.
In terms of section 99 of the Deeds Registries Act 47 of 1937, the government,
registrar or officials...
[1] May be liable for the transferor’s or transferee’s loss.
[2] May be liable for only the loss of an innocent third party.
[3] May be liable for the loss of the transferor, transferee and any innocent
third party.
[4] Are never liable since South Africa has a negative deeds registration
system. (2)
8. MCQ QUESTION
Indicate the correct option on the online mark reading sheet.
When deeds are linked for simultaneous registration in pencil by way of Roman
numerals (numbers), and one of the linked deeds is found to be faulty by the
deeds controller the ...
[1] Whole batch of linked deeds will be rejected.
[2] Whole batch of deeds will be executed simultaneously once the Registrar
of Deeds affixes his/her signature.
[3] Faulty deed will be rejected, and the rest of the linked deeds will be
registered once the Registrar of Deeds has affixed his/her signature.
[4] Linking will be completely cancelled and the previously linked deeds will be
registered individually. (2)
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