UNIVERSITY OF ZIMBABWE

(LB021)
LL.B (HONS) PART III AND IV
CONVEYANCING
EXAMINATION

NOVEMBER 2004

3 HOURS

Answer all Questions. NOTE when drafting documents devise your own
data unless it is supplied.

Question 1

a) Under what circumstances can registered title deeds or other real

rights in land excluding Mortgage Bonds be cancelled.
(2)
b) What is the effect of the Registrar failing to indicate that property is
subject to a Mortgage Bond and allowing the property to be transferred
without the Bond being produced?
(3)
c) List three exceptions to the rule that Deeds must follow the sequence
of their relative causes which are found in section 11(1)(b) of the Act.
(3)
d) In which instances are the following acknowledgement clauses inserted
in a Mortgage Bond:-
i) To be lawfully indebted to and on behalf of the Mortgagee;
ii) To be lawfully indebted to and held and firmly bound to and on
behalf of.... (Name of Mortgagee) ... in the sum of $...
iii) To be held and firmly bound to and on behalf of ... (name of
Mortgagee) ... in the sum of $...?
(3)

e) List three documents which must be prepared by a Conveyancer and

which must bear an endorsement signed by him that it has been
prepared by him.
(3)

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f) Write a brief note on the differences between REAL and PERSONAL
RIGHTS with particular reference to the definition of a REAL Right as
defined in the Deeds Registries Act.
(5)

g) i) Name THREE instances where the Consent of the holder of a

Mortgage Bond is NOT required where the property so bonded
is being transferred.
(3)

ii) Is the Mortgage Bond lodged with the Transfer documents?

Explain your answer.
(3)
[25 marks]
Question 2

(a) Mention three instances where one may take out a Certificate of
Registered Title.
(3)

(b) (i) Annexure ‘A’ to this examination paper is an approved survey

diagram.

Draft a Certificate of Consolidated Title using the information

provided in the diagram and any other information you may
devise for this purpose.
(8)

(ii) What documents will be included in your lodging cover?

(4)

d) What provisions in the Deeds Registries Regulations relate to the

following:-

i) Alterations and interlineations;

ii) Documents in a foreign language;
iii) Date and place of execution;
iv) Photographic and Carbon copies; and
v) Description of areas of Land?
(10)
[25 marks]

Question 3

Thulani Takura breached the terms of a Mortgage Bond which he passed in

favour of the Progressive Building Society by not paying a single instalment
for the amount owed to the society. The society obtained judgment against
the said Mr Takura in Case No. HC/1079701/02. Pursuant to such judgment
a warrant of execution was issued and the following property was attached

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and sold by Public Auction for the sum of $444 850 000.00. The sale in
execution was confirmed on the 22nd of August 2004.

You have now been instructed to attend to the Sheriff’s transfer to Flogan
Investments, trading as the Property People, a company duly registered in
terms of the laws of Zimbabwe of certain 1019 square metres of land called
Stand 4000 Ruwa Township of Dispute Estate situate in the District of
Goromonzi, held under Deed of Grant No. 1902444/99 dated the 12 th
December 1999.

There is no diagram annexed to the Deed of Grant, the diagram having been
dispensed with in terms of the Land Survey Act.

(a) Draw the Power of Attorney to pass transfer.

(5)

(b) Draft the Deed of Transfer

(10)

(c) List the supporting documents you would lodge with these documents.
(4)

(d) Calculate the total registration fees and duties paid in this registration.
(3)

(e) Comment on the cancellation of the Mortgage Bond.

(1)

(f) Draft the necessary extract of a resolution which the company would
need to execute should they wish to transfer the property to Peter
Ndlovu.
(2)
[25 marks]

Question 4

Phineas Maposa’s bond in favour of John Moneybags has been repaid in full.
He sells his property over which the said bond is registered to Lucy Graball. A
fire in the offices of John Moneybags destroys all the documents, including
the Deed of Transfer and Mortgage Bond in respect of the said property. John
Moneybags agrees to grant Lucy Graball a Bond over the property in
question. The terms are inter alia, that the capital and interest are to be repaid
over a period of ten (10) years and are payable monthly in arrear. The rate of
interest is to be 42% per annum. Mrs. Graball is given the right to repay the
Bond in full at any time subject to three (3) months’ written notice being given.

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(a) Draw the application and declaration necessary to obtain the
replacement of the deed of transfer.
(12)

(b) In the procedure for the application for the cancellation of the destroyed
bond, what would be the significant difference?
(1)

(c) Draw:-

(i) the Acknowledgment Clause;

(1)
(ii) the Renunciation of exceptions clause;
(1)
(iii) the interest and repayment clause;
(4)
(iv) the ranking clause.
(1)

(d) Explain fully the difference between a cession of a bond for security
and a
cession of a bond for value. Illustrate your answer with examples.
(5)
[25 marks]

TOTAL MARKS [100]

END OF EXAMINATION PAPER