Exam (elaborations)
LPL4804 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
QUESTIONS WITH ANSWERS
[Show more]
Content preview
LPL4804EXAM PACK
2023
QUESTIONS WITH
ANSWERS
Email: musyokah11@gmail.com
, Stuvia.com - The study-notes marketplace
1
STUDY UNIT 1
OVERVIEW OF SOUTH AFRICAN LAND REGISTRATION SYSTEM
Downloaded by: jzntuli21 | jzntuli21@gmail.com
Distribution of this document is illegal
, Stuvia.com - The study-notes marketplace
2
A positive system implies the following:
• State guarantees to bona fide third parties regarding the accuracy of the state deeds register.
• State examines/investigates documentation and transactions for legality.
• State completes and maintains a register of title.
• Transfer takes place when the register of title is annotated and any deeds are merely endorsed.
• Thus, new deeds are not necessary for each transaction - the main source of information is the
deeds register which is merely annotated/updated.
• Linking of different transactions occurs.
• State is liable for shortcomings regarding accuracy of the deed register
• deeds register is characterised by a high degree of state interference
A negative system implies the following:
• State gives no guarantees to bona fide third parties regarding the accuracy of the state deeds
register - cannot rely on the accuracy of the State records
• State simply records deeds submitted at face value - no examination of the deeds or investigation
by the State prior to recording.
• Transfer is effected in the new deed, not when the state deeds register is annotated/updated - a
new deed must be executed for each transaction.
• The State incurs no liability for inaccurate or incomplete records.
• Parties often guarantee their rights by taking out private insurance.
• There is minimal state interference
Positive characteristics of SA system
• The public does rely on the accuracy of the deeds registry data, although no guarantee is given by
the state
• The state examines/investigates documentation and transaction for legality
• The state completes and maintains a register of title
• Linking of transactions occur
• The state in South Africa is under specific circumstances liable for shortcomings
• The state register of property in South Africa is subject to a great deal of state supervision and
intervention/interference
Negative characteristics of the South African system
• The state gives no guarantees of accuracy of state register
• Transfer is generally effected in a new deed of transfer for each transaction
• The state as a general rule does not incur liability for inaccurate or incomplete records, except in
very specific limited circumstances
− In South Africa land registration is based on statute
− is unique because it is nominally negative, but has some characteristics of a positive system as well
− The nominally negative South African land registration system reflects elements of both the positive
and the negative registration systems discussed above.
− The South African system of land registration, despite being nominally a negative system, remains a
reliable source of information about the legal position of real rights registered in respect of
immovable property; in practice third parties do rely on its accuracy.
− Therefore, in this sense it reflects a positive characteristic.
Downloaded by: jzntuli21 | jzntuli21@gmail.com
Distribution of this document is illegal
, Stuvia.com - The study-notes marketplace
3
STUDY UNIT 2
THE CONVEYANCER
The conveyancer
What does it take to become a conveyancer in SA
− Not just anyone can be a conveyancer because the Attorney’s Act provides that a person cannot be
enrolled as a conveyancer until he/she has been admitted to practise as an attorney.
− a conveyancer is an attorney who has:
• specialised in the preparation of deeds and documents destined for registration in the deeds
registry
• passed additional national Law Society conveyancing exams
• been admitted to practice by the High Court
• been enrolled on an electronic register of conveyancers maintained by the registrar of deeds in
terms of the Deeds Registries Act 47 of 1937.
May a mere attorney act as a conveyancer?
Yes, attorneys practicing in the former Transkei before 1997 may fulfil all the functions of conveyancers, but
as a general rule, no, attorneys cannot act as conveyancers.
Duties of the conveyancer
EMPLLE
• ensure validity of deed of alienation
• manage financial matters + transactional process
• prepare deeds and documents
• link simultaneous transactions
• lodge deeds
• execute and register deeds
Downloaded by: jzntuli21 | jzntuli21@gmail.com
Distribution of this document is illegal
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mulah11. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
73216 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now