RHODES UNIVERSITY

FACULTY OF LAW

EXAMINATIONS: NOVEMBER 2013

INTRODUCTION TO CONVEYANCING
(LLB)

External Examiner: Prof Emeritus Ivan D Schfer Marks: 70

Internal Examiner: Mrs E Davies Duration: 2 hours

ANSWER ALL QUESTIONS

Question 1

(a) What main principles of practice and guidance has the Cape Law Society Property
Law Committee set out for conveyancers?
(5)

(b) May a conveyancer pay the estate agents commission before the transfer of
immovable property has occurred? Motivate your answer.
(6)

(c) Why is all property that is capable of private ownership recorded in the offices of
the Surveyor-General and in the offices of the Registrar of Deeds?
(4)

[15]

Question 2

(a) Can you as an attorney or conveyancer commission an affidavit in respect of a

conveyancing matter drawn up by one of the partners in your firm? Explain.
(2)

(b) What are the functions of the Deeds Office Controllers?

(4)

(c) According to s 2 of the Alienation of Land Act 68 of 1981, no alienation shall be of

any force or effect unless it is contained in a Deed of Sale signed by the purchaser
and seller. Name an exception to this rule.
(1)

Question 2 (continues overleaf)

Introduction to Conveyancing November 2013 Page 1 of 3

(d) It has been said that it is prudent for a conveyancer to obtain a computer printout
from the Deeds Registry database on receipt of conveyancing instructions and to
scrutinise the information carefully. What information can be obtained from this
printout which could alert the conveyancer to any potential problems? Give
examples.
(5)

(e) In terms of s 102 of the Deeds Registries Act 47 of 1937, what does the term
owner/holder include?
(6)

(f) In terms of Regulation 44(1) of the Deeds Registries Act 47 of 1937, if an attorney
signs a power of attorney it must be countersigned by a conveyancer. Why?
(2)

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Question 3

(a) May the preparer of a power of attorney initial alone any amendment where there
is an error in the description of the transferee?
(1)

(b) In terms of s 118 of the Local Government Municipal Systems Act 32 of 2000, for
how long is a rates clearance certificate valid?
(1)

(c) The general rule is that before transferring a property to a new owner, an existing
bond must be cancelled. Give examples of when it is not necessary to cancel a
bond.
(5)

(d) What are the requirements that an owner must comply with if s/he wishes to obtain
a certificate of consolidated title and what is the section in the Deeds Registries
Act 47 of 1937 that sets out these requirements?
(6)

(e) Outline the significance and importance of the Declarations by the Seller and
Purchaser respectively.
(2)

[15]

Introduction to Conveyancing November 2013 Page 2 of 3

Question 4

(a) Using your own facts, describe the transferor in a Deed of Transfer in the case of:

i. A sheriff of the court, Grahamstown.

ii. A curator bonis.
(4)

(b) Using your own facts, describe the transferee in a Deed of Transfer where the
transferee is a public company.
(2)

(c) Thomas Getrich has been appointed as the trustee to administer the estate of an
insolvent person, John Golightly, who is married according to the accrual system.
The trustee sold the property at 33 River Road, Port Alfred, to the Pelican Family
Trust on 31 August 2013 for the sum of R3 million.

Draft the power of attorney and supply such further details as may be required.
(14)

[20]

END OF EXAMINATION PAPER

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