CONVEYANCING
LPL4804
Abstract
Latest exam QUESTIONS and ANSWERS
Helps you see what questions are likely to be asked, and how to strategically
answer them.
110 TRUE and FALSE QUESTIONS
185 MULTIPLE-CHOICE QUESTIONS
218 EXAM and ASSIGNMENT QUESTIONS and ANSWERS
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Teacher Hoo-hoo
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,TRUE/FALSE QUESTIONS
1. One of the positive characteristics of the South African deeds registration system is that there is a great deal of state
intervention in the registration process. TRUE, as can be seen from number of state role players in the process and
section 3 – registrar’s duties and powers.
2. In the South African registration system the state always compensates bona fide third parties for losses incurred due
to inaccuracies in the state deeds register. FALSE, section 99 only provides for state liability in very limited
circumstances.
3. One of the positive characteristics of the South African deeds registration system is that it is linked to a cadastral
system of maps and diagrams. TRUE, this is a typical characteristic of a positive system and is part of the SA system.
4. 4 A linking of “4/3” on a lodgement cover indicates that there are three transactions being registered simultaneously
at the deed’s registry. FALSE, this linking indicates that there are 4 simultaneous transactions, and that particular
lodgement cover contains the third transaction in the batch.
5. Linking of different transactions for simultaneous registration, for instance a transfer, mortgage bond and bond
cancellation, are done because the finances of the transactions are interdependent. TRUE, that is exactly right.
6. The preparation certificate of a consent to cancellation of a mortgage bond may validly be signed by a conveyancer,
attorney, notary, or state official. TRUE, refer to page 17 of your study guide.
7. When an a state official signs the preparation certificate of a power of attorney, that power of attorney must be
countersigned by a conveyancer. FALSE, conveyancers must countersign preparation certificates by notaries and
attorneys to confirm that they are practicing as such, not state officials.
8. All deeds lodged at a South African deeds’ registry must be printed on good quality A4 paper and signed in black ink,
without exception. FALSE, in terms of regulation 20 the registrar has a discretion to waive compliance with this.
9. The registrar of deeds has a duty to attest or execute and register deeds of transfer of land and execute and register
certificates of title to land in terms of section 3(d) of the Deeds Registries Act 47 of 1937. TRUE In fact the question
followed the exact wording of section 3(d) and is therefore correct.
10. Where a faulty registration was affected with mala fide on the part of the registrar, both the state and the registrar
personally are liable for damages suffered. TRUE, in terms of section 99.
11. A negative characteristic of the South African deeds registration system is that deeds are examined in terms of section
3(b) of the deeds registries act 47 of 1937 by the registrar prior to registration. FALSE, deeds are examined prior to
registration in terms of section 3, but this is characteristic of a positive system.
12. In South Africa the state guarantees that the state deeds register is an authoritative record of the rights to defined
units of land. FALSE, the state does not guarantee and for this reason in the South African system is regarded as
negative.
13. In terms of section 13 of the Deeds Registries Act 47 of 1937 deeds are deemed to be registered when the registrar’s
signature is affixed thereto, which reflects a negative characteristic. TRUE, in a positive system annotation of the state
register is the criteria for registration.
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,14. Linking of deeds is done by numerical coding on the lodgement covers of the affected deeds. TRUE as explained in
unit 2, either with ordinary numbers or roman numerals.
15. Only attorneys and notaries may prepare powers of attorney for lodgement at the deeds registry in terms of section
15A. FALSE, also conveyancers and state officials.
16. The registrar may, with the approval of the Master of the High Court, remove liquidation and/ sequestration entries
from the Deeds Registry records, after 10 years. TRUE, refer to section 3 of Deeds Registries Act 47 of 1937.
17. The registrar of deeds may refuse to register deeds that are not printed in black ink. TRUE, refer to regulation 20.
18. The preparation certificate on a consent to cancellation of a mortgage bond may be signed by a notary or attorney,
provided it is countersigned by a conveyancer. TRUE, refer to regulation 44.
19. When there is a minor error in a deed that has been lodged but not yet registered at the deeds office, the registrar
may correct it in terms of section 4(b) of the deeds registries act 47 of 1937. FALSE, the preparing conveyancer may
amend it and initial the correction or in some instances full initialling by all the parties to the transaction may be
necessary (see regulation 43 and 44). Sec 4(b) corrections are for deeds that have already been registered and
contain errors.
20. Only conveyancers may lodge deeds for registration in that deeds registry. FALSE, also a person employed by the
conveyancer and state departments (regulation 45).
21. The South African deeds registration system is described as nominally negative because deeds are registered with
minimal state intervention. FALSE – the SA system is nominally negative because the state does not guarantee the
correctness of the deeds register. Furthermore, in the SA system there is substantial state intervention as can be
seen from unit 1 to 3 of the study guide.
22. The South African deeds registration system guarantees to all parties that the state deeds register is an authoritative
record of the rights to defined units of land. FALSE – the state does not guarantee this and only accepts liability under
very defined circumstances as set out in section 99.
23. A positive characteristic of the South African deeds registration system is that the public rely on its authenticity. FALSE
– as a result of the positive characteristics and the accuracy of the SA system, despite it being nominally negative,
the public rely on the information contained in the state register i.e., the public reliance is a result of the system, not
a characteristic of the system.
24. In South African land registration, the state is sometimes liable for the losses incurred by innocent third parties as a
result of incorrect deeds registry records. TRUE – section 99 of the Deeds Registries Act 47 of 1937 sets out limited
circumstances under which the state will be liable in terms of the South African deeds registration system.
25. Where John mortgages his land, which is not encumbered by any other mortgage bonds, there will be at least two
linked deeds in the batch for lodgement at the deed’s office. FALSE – where an existing owner passes a mortgage
bond without any transfers or other bond cancellations taking place, there will be at least one transaction.
26. Only attorneys can be enrolled as conveyancers. TRUE – although government officials may under certain
circumstances prepare deeds, only attorneys (including those in Transkei) can be enrolled by court as conveyancers.
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, 27. The registrar in charge of a particular deeds registry personally checks and executes every deed which is lodged in
that particular deed’s registry. FALSE – checking of deeds is done by the deed’s examiner, chief deeds examiner and
assistant registrar, while executions are done by registrar, sometimes assisted by deputy registrars or assistant
registrars. The registrar does not see every single deed that passes through the deed’s registry.
28. To be valid in South Africa, EVERY agreement for the sale of land must be in writing and be signed by the seller and
purchaser, or their agents authorised in writing. FALSE - the Alienation of Land Act 68 of 1981 provides for exceptions
in the case of public auctions or where an agent acts on behalf of a CC, company or trust to be formed.
29. The preparation certificate on a deed of transfer may not be signed by a notary or attorney. TRUE – only a
conveyancer (the definition of which includes certain Transkei attorneys) and certain state officials may sign the
preparation certificate of a deed of transfer, not attorneys or notaries.
30. If a notary or attorney signs a preparation certificate on a deed of transfer, it must be countersigned by a conveyancer
who takes responsibility for the correctness of the contents. FALSE- attorneys or notaries cannot validly prepare a
deed of transfer and even where they prepare consents and documents, the counter signature by the conveyancer
confirms merely that the attorney or notary is practicing as such, not the correctness of the contents.
31. A negative characteristic of the South African deeds registration system is that deeds are registered on face value
with minimal state intervention. FALSE- this is not a characteristic of the South African deeds registration system. On
the contrary, section 3 of the Deeds Registries Act 47 of 1937 places a duty on the registrar of deeds to check the
deeds for legality.
32. The South African deeds registration system does not guarantee that the state deeds register is an authoritative
record of the rights to defined units of land. TRUE – since we have a negative registration system, the state does not
guarantee the veracity of the state records.
33. In South African land registration, the state is never liable for the losses incurred by innocent third parties as a result
of incorrect deeds registry records. FALSE – in terms of section 99 of the Deeds Registries Act 47 of 1937 the state
may be liable under specific limited circumstances.
34. Linking of deeds by way of roman numerals will only have an impact if one of the deeds in the batch is rejected. TRUE
– with both numeric and Roman numeral linking of deeds, if all the deeds are correct, all the deeds in the batch will
be registered simultaneously. However, where one deed in a batch of simultaneous deeds is faulty, with numeric
linking all the linked deeds are rejected, whilst with Roman numeral linking the batch of deeds will be de-linked and
only the faulty deed will be rejected. The remaining deeds in the batch will proceed to registration.
35. Only attorneys, notaries and conveyancers as defined in section 102 of the Deeds Registries Act 47 of 1937 may
prepare deeds and or documents for lodgement at the deed’s registry in terms of Section 15A. FALSE - refer to
section 15 of the Deeds Registries Act 47 of 1937 where it refers to “Except in so far as may be provided in any other
law ….”. Then note that there are a number of instances where specific legislation provides for state officials to prepare
deeds e.g., Agricultural Development Bank Act 15 of 2002 and SANRAL
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