CONVEYANCING EXAMINATION

PART 2
12 APRIL 2023 4 Hours 09:00 - 13:15
Candidates are allowed 15 minutes to peruse the paper before starting to answer the questions.
No candidate may start writing in the answerbook during this period. The examination of 4 hours
then follows.

PLEASE NOTE:

1. Please write the number allocated to you on the cover of your answer book.

2. Candidates must write legibly and neatly.

ANSWERS MUST BE WRITTEN ONLY IN INK OR WITH A BALLPOINT PEN.

3. Please use only the front side of each page.

4. Details, especially the description of properties, may be changed to comply with

the practice prevailing at your Deeds Office. However, if a question relates to
farm property, the description may NOT be changed to that of an erf in a
township.

5. Candidates must furnish such further details as may be necessary to draw

properly the required deeds or documents, e.g. abbreviations (ID XXX),
alphabetical symbols for names, and "etc." / "...." are unacceptable.

6. Deeds and documents to be drawn must comply fully with the requirements of the
Deeds Registries Act and regulations, i.e. as if intended for lodgement in a deeds
registry.

7. Candidates MUST ANSWER ALL questions.

8. Except if a special reason exists, a candidate will not be required to do an oral if a

50% aggregate or more is attained. If a candidate achieves an aggregate of
between 40% and 49% he/she will be required to do an oral exam to convince the
examiners that he/she does have sufficient knowledge to pass the exam.
Candidates who attain less than 40% will have failed this examination.

TOTAL MARKS: [200]

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LEGAL EDUCATION AND DEVELOPMENT [L.E.A.D]™ 2023 1
QUESTION 1 [8]

Draw up a document revesting the property into the name of the Insolvent.
Provide such further details as may be necessary. (8)

QUESTION 2 [6]

Makwena Lephalala is the owner of the property Portion 789 of Farm Phala Phala No
58, which is a consolidation of two former properties. The extending clause in the
holding deed, namely Certificate of Consolidated Title T 3212/87 read as follows:

“As will appear from the annexed diagram S.G No. 243/96”

2.1 You receive instructions to transfer the property. Draw the extending
clause in the Deed of Transfer you are to register. (3)

2.2 The transfer referred to in 2.1 was registered under Deed of Transfer
T9633/99. The property is to be transferred again. Draw the extending
clause in the Deed of Transfer to be registered. (3)

(Supply your own further details to comply with the practice in the Deeds
Registry for the area where you practice.)

QUESTION 3 [22]

3.1 Chantel King is entitled to half-share of the property in terms of the Will of her
deceased spouse to whom she was married in community of property. William
King, Chantel’s son is appointed the Executor of the estate. Chantel sold the
property to Shakeera Goolam.

Draw the Power of Attorney to pass transfer to Shakeera Goolam and

provide such further necessary details. (15)

3.2 Do you require any Endorsement in terms of the Administration of the

Estates Act No. 66 of 1965? If so, list the documents to obtain same. (7)

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QUESTION 4 [45]

An Australian private company “DORPER” with the suffix “NL”, which is an external
company, has borrowed money from a registered bank (a public company) with the
name “BREAK BANK”. The borrowing company is not able to provide security.

A ringfenced private company with the name “RAMON HOLDINGS” as well as a

mortis causa trust named the Aubrey Trust registered in 2021, have agreed to register
a Mortgage Bond over their properties. “RAMON HOLDINGS” owns the property ERF
1100 which is unencumbered. The Trust owns the property ERF 1101, which is
mortgaged in favour of Investec Bank which bond shall continue to rank first.

Draw up the necessary document hypothecating the above erven to secure

Break Bank. Provide necessary further details as you deem necessary. (45)

QUESTION 5 [10]

Erf 1029 Sandton held by Deed of Transfer T 8282/2010 is registered in the name of
Hex Modjadji, Identity Number 930101 5514 08 2, and reflect him as unmarried. The
property is not mortgaged.

In 2021 Hex Modjadji married his present wife, Makwena Modjadji, by customary law
without an ante-nuptial agreement. Makwena is not happy that the property is
registered only in the name of her husband. The property serves as the residence of
the spouses and has, since the marriage been improved using cash which Makwena
has brought into the marriage. Hex is happy to take the necessary action to protect his
wife's interests.

Draw the document which the Deeds Office will require to give effect to the
wishes of the parties. (10)

QUESTION 6 [69]

The private company under the name, Bendor Extension 109 SPV (the Developer) is
the registered owner of the property known as REMAINING EXTENT OF PORTION
24 OF THE FARM KOPPIEFONTEIN 686 held under deed of transfer T 12345/2019
subject to the following condition:

“A. ONDERHEWIG aan 'n ewigdurende Serwituut ten gunste van die
Stadsraad van Pietersburg om 'n rioolpyplyn en 'n waterpyplyn op die
eiendom te le tesame met addisionele regie soos meer volledig sal blyk
uit Notariele Akte van Serwituut K 3852/1989-S geregistreer op 26 Oktober
1989 aangeheg aan Akte van Transport T 50307/1983.

B. SUBJECT to a servitude for the protection of an electrical power line in

favour of The Polokwane Local Municipality, in extent 1530 (ONE

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 THOUSAND FIVE HUNDRED AND THIRTY) square metres, represented by
the figure A B C D on Servitude Diagram SG Number 8222/2003 annexed
to Notarial Deed of Servitude Number K4593/05”

The Deed reflect the following Endorsements:

VERBIND MORTGAGED
Vir
For R 45 000 000.00
BC00007894/2019
SIGNED
…………………………………….
2020-11-26
REGISTRAR OF DEEDS

KRAGTENS DIE BEPALINGS VAN BY VIRTUE OF THE PROVISONS OF

ARTIKEL 88 VAN 47/37 IS DIE SECTION 68 OF ACT 47/37 THE
BEPERKINGS VERVAT IN RESTRICTIONS CONTAINED IN
VOORWAARDE B OP BLADSY 2-3 CONDITIONS B ON PAGE 2 HAVE
NIE MEER VAN TOEPASSING NIE CEASED TO APPLY.

BC 5001/2020
SIGNED
…………………………………….
REGISTRAR OF DEEDS
2020-

BC0001546/2020

Die grond hierin beskry is in

The land herein described has been laid into Erven 7337 TO 7338

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Uitgele ooreenkomstig Algemene Plan Lr Nr

In accordance with General Plan SG NO 1556/2008

Goegekeur/opgestel deur die Landmeter-generaal op die

Approved by the Land Surveyor on the 05/12/2018

__________________________________ en vasgele op Data onder die

and recorded on Data under the name of

naam

name of BENDOR EXTENSION 109

2020-11-26 SIGNED

_____________________ ___________________________

DATE REGISTRAR OF DEEDS

The Developer has had sectional plans drawn on only Erf 7337.

Creating your own facts where necessary, answer the following questions:

6.1 Draw the necessary documents required for registration in the Deeds
Office before opening of the Scheme (You are not to draft a document to
be signed by the bondholder); (20)

6.2 Draw a document to be signed by the mortgagee so that only Erf 7337
remains mortgaged; (12)

6.3 The Developer is developing the Scheme in phases and each unit is
allocated a garden. The first phase consists of 4 (four) units and 4 (four)

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 gardens. The owners of the specific sections shall be entitled to the
exclusive use, occupation, and enjoyment of specific gardens. Draw the
schedule of conditions; (22)

6.4 List all the documents that must be lodged in successfully registering the
Scheme. (15)

QUESTION 7 [20]

Prepare the necessary documents (without the Title Deed) for the subdivision of
Section 2 Rocklands into two sections, where the Section is bonded to Capitec
Bank Limited, registered in the name of David Masondo married out of
community of property, presuming that there has been necessary compliance
and adding your own details. (20)

QUESTION 8 [10]

The Mbombela Local Municipality is the registered owner of the property known as
ERF 6248 NELSPRUIT EXTENSION 17 held under Certificate of Registered Title
T 70248/1993. This Deed has been lost by the municipality for the second time.

Previously it was replaced by a copy under VA7301/2021.

Creating your own facts where necessary, draw the necessary document to
serve as the original Deed. (10)

QUESTION 9 [10]

The property, Erf 123 Emdo Township is mortgaged with Preferred Bank Ltd. and the
original mortgage bond is lost. They had tried to obtain a copy from the Deeds Office
but was advised that there is no copy available.

The mortgagee wishes to cancel the bond.

Draft the necessary application/s (incorporating the affidavit, if required) to

effect the cancellation of the bond against the relevant Title Deed. (10)

- THE END - TOTAL MARKS 200

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