LPL SUPER SEMESTER ONLINE MCQ AND ELLABORATED ANSWERS

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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
A. High Court order, authorizing or consenting to the sale and transfer.
B. A sworn appraisal confirming that the purchase price is equal to or more than the
market value of the property.
C. A consent of the sale and transfer signed by the Master of the High Court.
D. 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.
PAGE 74 HARD COPY / 82 ONLINE STUDY GUIDE


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?
A. Tandi and Tumi together.
B. Tandi on her own.
C. Tumi with the written witnessed consent of Tandi.
D. 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.
PAGE STUDY GUIDE




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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:
A. The debt secured by the bond has been paid in full.
B. The transfer of the movable property is done by the trustee of the insolvent estate of
the landowner.
C. The register of deeds exercises his or her discretion to the contrary.
D. 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. A new deed of transfer for that property has been registered in the deeds registry.
B. The title deed of the property has been lost by the owner and the deeds office copy
can also not be found.
C. The tittle deed to the property has been lost by the owner.
D. 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-
A. The agreement must be in writing signed by sellers/s and purchasers/s and
registered in the deeds registry.
B. The agreement must be in writing and signed before 2 witnesses over the age of 16
years.
C. The agreement must be in writing and signed by the seller/s and purchasers and
their spouses if married in community of property.
D. 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
PAGE 13/21 STUDY GUIDE




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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