TEL:0113385204 KWANELE:0783120365 MERRY: 0840610501

TEL:0113385204 KWANELE:0783120365 MERRY: 0840610501

LPL4804-CONVEYANCING

2021 SUPER SEMESTER ECP EXAM QUESTIONS AND SUGESTED ANSWERS

Question 1 Indicate the correct option on the online mark reading sheet.Where is 16 years old, unmarried minor is the transferor of an immovable property sold for R200,000 one of the supporting documents to be lodged at the deeds with the deed of transfer is

• High Court order, authorizing or consenting to the sale and transfer.
• A sworn appraisal confirming that the purchase price is equal to or more than the

market value of the property.

• A consent of the sale and transfer signed by the Master of the High Court.
• A consent of the sale and transfer signed by both parents of the minor before two

independent witnesses.

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Children over the age of seven, but under the age of 18, have limited contractual capacity. They may personally sign a power of attorney to pass transfer but, because contractual capacity is limited, their parents, guardian or curator must assist them. As an alternative the parents, guardian or curator may sign the power of attorney on behalf of the minor.The assistance of both parents or that of the guardian will be necessary for the alienation or encumbrance of immovable property or any right to immovable property belonging to the minor.Apart from this assistance, section 80(1) of the Administration of Estates Act 66 of 1965 also requires the authorisation of the High Court or the Master of the High Court, depending on the value of the property, to alienate immovable property belonging to a minor. If the value of the property is R100 000,00 or more, the High Court must issue an order to authorise registration. If the value is less than R100 000,00 the Master of the High Court must consent to registration. This amount may be changed by proclamation.

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Question 2 Tandi and Tumi when married in terms of Customary law on 1 January 2020 after they entered into an antenuptial agreement which was duly registered at the Pretoria deeds registry providing that their marriage is out of community of property with an accrual.Tumi is the registered owner of ERF 333 Alexandra by virtue of deed transfer T1234/2015. Who can sign the sale then transfer documents as owner?

• Tandi and Tumi together.
• Tandi on her own.
• Tumi with the written witnessed consent of Tandi.
• Tumi On his own.

Both the spouses in a marriage or civil union out of community of property have full contractual capacity to deal with immovable property registered in either of their names, irrespective of the contents of their antenuptial contract. The registered owner is the one who can transfer the property.

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Question 3 Indicate the correct option on the online mark-sheet.Section 56 (1) of the deeds registries act 47 of 1937 provides that mortgaged land cannot be transferred unless the bond is first cancelled or the mortgaged land has been

released from the operation of the bond except amongst others where:

• The debt secured by the bond has been paid in full.
• The transfer of the movable property is done by the trustee of the insolvent estate of

the landowner.

• The register of deeds exercises his or her discretion to the contrary.
• The mortgage bond is lost and cannot be found.

When a bond is cancelled, there is no longer any security for the debt under the bond. There are, however, certain exceptional circumstances in which a mortgage bond need not be cancelled or property need not be released. These exceptions are contained in section 56(1), for example when the transfer of immovable

property or cession of a bond is effected:

♦ in accordance with a court order ♦ by the trustee of an insolvent estate ♦ by a liquidator of a company or a close corporation which is unable to pay its debts and which is being wound up by or under the supervision of the court ♦ by an executor administering and distributing an insolvent deceased estate under section 34 of the Administration of Estates Act 66 of 1965 ♦ in any other circumstances under the Act or any other law or in terms of a court order

Question 4 Indicate the correct option on the mark-reading sheet.A certificate of registered title is issued by the Registrar of deeds to certify who the

owner of a when property is when:

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• A new deed of transfer for that property has been registered in the deeds registry.
• The title deed of the property has been lost by the owner and the deeds office copy

can also not be found.

• The tittle deed to the property has been lost by the owner.
• An immovable property must be transferred to a new owner in terms of the sale

agreement.

Question 5 Indicate the correct option on the mark reading sheet.In terms of section 2 of the Alienation of land act 68 of 1991 one of the requirements for a valid sale agreement of land is that-

• The agreement must be in writing signed by sellers/s and purchasers/s and

registered in the deeds registry.

• The agreement must be in writing and signed before 2 witnesses over the age of 16

years.

• The agreement must be in writing and signed by the seller/s and purchasers and

their spouses if married in community of property.

• The agreement must be in writing and signed by the parties or their agents acting on

their written authority.Section 2(1) of the Alienation of Land Act 68 of 1981 provides that no alienation of land will be of any force or effect unless it is contained in a deed of alienation, signed by the parties, or their agents acting on their written authority

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Question 6 Indicate the incorrect option on the online mark reading sheet.In terms of Section 3 (1) of the Deeds Registry act 47 of 1937, the registrar of deeds is obliged to examine all deeds and documents submitted for execution or registration, which examination entails-

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