MIDLANDS STATE UNIVERSITY

FACULTY OF LAW

PROCEDURAL LAW DEPARTMENT

CONVEYANCING MODULE (LB 302) OUTLINE (2020)

Module Convenor: J. Tsvangirai: LLB (Hons) UZ; LLM (Cand.) UNISA, MBA
(NUST)

Teaching Methods: Lectures, Tutorials, in Class test and Examination

Assessment: In Class test and presentations account for 30% while the final
examination accounts for 70% of the overall assessment.

NB: Continuous assessment includes in-class test, presentations and tutorials.

TUTORIALS ARE COMPULSORY.

Learning Objectives:

After studying this module, you should understand the following main points:

• The duties and obligations of a conveyancer.

• Different types of documents to be prepared by a conveyancer.

• The regulations governing preparation, execution and lodging of

conveyancing documents.

• The procedures and formalities for registering conveyancing documents

in the Deeds Office.

• Stamp duty and capital gains tax calculations.

  Draft the following documents: -
- Power of attorney
- Deed of transfer
- Application for lost title deed
- Mortgage bonds
- subdivisions and consolidations

Chapter 1

i. Power of Attorney
 Minors
 Women

ii. Breakdown of Power of Attorney

 The Guarantor
 Corporates
 circumstances where Power of Attorney is invalid
 Appearer
 Transferee
 Full details
 Company full details
 Property and its title, words and figures
 New conditions
 Mode of disposal
 Causa - mode of disposal
 Execution clause
 Attestation

Chapter 2

Deed of Transfer (Sale)

Breakdown of a Deed of Transfer
 Preparation certificate
 Heading
 Pre-amble
 Recital clause
 Vesting clause
 Property clause
 Extending clause – breakdown
  Conditional clause
 Divesting clause
 Consideration clause
 Execution clause

Types of Deeds of transfer

Chapter 3

Documents to be attached on Registration

 Power of Attorney
 Holding Deed
 Mortgage bonds and Certificates
 Rates clearance
 Declarations by Seller and Purchaser
 Capital Gains Certificate
 Proof of Appointment
 Consents
 Court Orders
 Stamp Duty Payment
 Different types of title deeds
 Estate transfers
 Sheriff Transfers

Chapter 4

Replacement of Lost Documents

 Stamp duty, rates and taxes
 Formalities under Schedule to Chapter II Finance Act
 Calculation
 Exemptions
 Stamp duty on Mortgage bonds
 Exemptions
 Registration Fees
 Rates
 Taxes - Capital Gains Tax Calculation

Chapter 5

 Certificate of registered title; unregistered undivided share

 Certificate of Aggregate share
  Certificate of one or more properties under one deed
 Certificate of registered title for a lost deed

Chapter 6

 Titles registration and Derelict Lands Act

 Caveats, authentications and sales in execution

Chapter 7

i. Mortgage Bond
 Power of Attorney
 Heading
 Pre-amble
 Acknowledgment clause
 Cause of debt
ii. Renunciation of exceptions
 Interest Clause
 Costs Clause
 Ranking Clause
 Property/Security Clause
 Conditions Clause
 Executions clause
 Registration clause

iii. Types of Bonds

 Collateral bonds
 Surety bonds
 Indemnity bond
 Participating bond

iv. Rights of Mortgages

 Consent to Cancellation
 Consent to release
 Part Payment/Reduction in cover
 Consent to substitution of Debt
 Waiver of preference
 Cession of mortgage bonds

Chapter 8

Estate Transfers
  Documents in Estate Transfers
 Financial arrangements procedure
 Lodging

Chapter 9

 Subdivisions and Consolidation

 Permit to Subdivide Procedure
 Certificate of Registered title
 Certificate of consolidated title

Chapter 10

 Undivided Shares coupled with an exclusive right of occupation.

 Procedure
 Transfer of Units
 Clauses in the Deed

Reading List

1. Deeds Registry Act Chapter 20:05 (As amended by amended by Act No. 8

of 2017)
2. Deed Registries (Regulations) SI 238/18
3. Schedule to Chapter II Finance Act Chapter No. 3/2009
4. Regional Town Council Planning Act Chapter 29:12
5. Titles Registration and Derelict Lands Act Chapter 20:20
6. Urban Councils Act chapter 29:15
7. Capital Gains Tax Act
8. Land Survey Act 20:12
9. Stamp Duty Act

Text Books
1. HS Nel (2013): Jones Conveyancing in South Africa
4th Edition. Juta & Co. 2013

2. L Mhishi: A Guide to Conveyancing in Zimbabwe

Legal Resources Foundation: (2004)

3. Silberbury and Schoeman’s Law of Property 2nd Edition

Butterworths 1983